Trademark Registration in Bangladesh
Your Ultimate Guide to Brand Protection Under the Trademarks Act, 2009
Understanding Trademark Protection in Bangladesh
Securing a trademark registration in Bangladesh is a vital step for protecting your business. It's a distinctive sign, design, or expression that identifies your goods or services, setting them apart from competitors. Governed by the Trademarks Act of 2009, registration provides legally enforceable rights to protect your brand's unique identity. This grants you exclusive rights for an initial seven years, with the option for indefinite renewal, ensuring long-term brand security and market recognition.
Why is Trademark Registration a Critical Business Step?
Registering your trademark is one of the most important investments you can make in your brand. It transforms your brand name, logo, and tagline from mere ideas into valuable intellectual property. This legal protection is crucial because your reputation is built upon these brand elements. Without registration, you risk imitators diluting your brand or causing consumer confusion. The process involves strict legal requirements and deadlines set by the Department of Patents, Designs and Trademarks (DPDT). Engaging a professional trademark service ensures your application is filed correctly, minimizes the risk of rejection, and provides expert guidance to navigate the entire process smoothly.
The Legal Framework for IP in Bangladesh
Intellectual property in Bangladesh is governed by a comprehensive set of laws. Our services cover all aspects of registration and enforcement under these key acts and rules:
- The Trademarks Act, 2009
- Trademarks Rules, 2015
- Geographical Indication Act, 2013
- Geographical Indication Rules, 2015
- Plant Varieties Protection Act, 2019 (No. 6 of 2019 Law)
- Intellectual Property Enforcement (Import and Export) Rules, 2019
Key Benefits of Trademark Registration
Protect Your Brand Identity
Gain exclusive legal rights to use your brand name and logo nationwide for your specific goods or services.
Prevent Costly Disputes
A registered trademark provides clear legal recourse against infringement, saving you from future legal battles.
Build a Valuable Asset
Your trademark is a tangible asset that can be sold, licensed, or used to secure financing, adding value to your business.
What Can You Trademark in Bangladesh?
Any person or firm claiming to be the proprietor of a trademark already in use or proposed to be used in Bangladesh may apply for registration. Registrable marks can include:
- Any name, individual, or firm represented in a distinctive manner.
- Signatures or photographs.
- One or more invented words.
- One or more words having no direct reference to the character or quality of the goods.
- Marks consisting of letters, numerals, or combinations thereof.
International Classification of Goods & Services
Bangladesh follows the NICE Classification system. All goods and services are categorized into 45 distinct classes (34 for goods, 11 for services). Your application must specify the exact class(es) your mark applies to. A separate application is typically required for each class.
The Registration Process at a Glance
Check DPDT database for existing marks to ensure availability.
Submit all documents and fees to the DPDT.
The DPDT reviews the application for legal compliance.
Your mark is published for a 60-day public opposition period.
Your trademark is officially registered and protected.
Step-by-Step Trademark Registration Guide
Phase 1: Pre-Filing Assessment
Trademark Search: Before filing, a comprehensive search of the DPDT database is essential. This step identifies potential conflicts with existing registered or pending trademarks, saving time and money. A thorough search helps assess whether your proposed mark is distinctive enough to be registrable.
Documentation Preparation: Gather all necessary documents, including a notarized Power of Attorney (if using an agent), priority documents for foreign applicants, and proof of first use if applicable.
Phase 2: Application Filing
The formal application is filed using Form TM-1 with the DPDT. This submission must include the official government fees and all required information. Applications must be completed within 12 months, though extensions may be possible.
Key Application Requirements
- Mark/Logo: Clear electronic copies or prints of the trademark.
- Applicant Details: Full name, street address, and nationality of the applicant(s).
- Applicant Status: e.g., Manufacturer, Merchant, Provider of Services.
- Goods/Services: A detailed specification and the corresponding Nice Classification Class.
- Date of Use: A statement whether the mark is (a) already in use in Bangladesh, (b) proposed to be used, or (c) proposed to be used by a registered user or forthcoming body corporate.
- Authorization (Form TM-10): A mandatory Power of Attorney (Authorization) signed by the applicant (or an officer of the company) appointing an agent. This must be provided to the agent to file the application.
Phase 3: Examination Process
Formal & Substantive Examination: The Registrar first conducts a formal examination to check for completeness. Then, a substantive examination is performed to assess the mark's distinctiveness and ensure it doesn't conflict with existing marks or violate absolute and relative grounds for refusal under the Trademarks Act, 2009.
Responding to Office Actions: If the examiner raises objections, an "Office Action" is issued. The applicant has three months (90 days) to submit a formal response with legal arguments, evidence of use, or amendments to overcome the objections. Reasonable extensions of time may be granted if applied for regularly.
Phase 4: Publication and Opposition
Once the application is accepted by the Registrar, it is published in the official Trademark Journal. This begins a 60-day period (as per the new law) during which any third party who believes the mark infringes on their rights can file a notice of opposition. If an opposition is filed, it initiates a legal proceeding where both parties submit counterstatements and evidence before the Registrar makes a final decision.
Phase 5: Registration and Post-Registration
Certificate Issuance: If no opposition is filed, or if an opposition is successfully overcome, the applicant must pay the final registration fees. The DPDT then issues the official Certificate of Registration.
Maintenance and Renewal: As per Section 22(1)(2) of the Trade Marks Act, 2009, the trademark is initially valid for 7 years from the application date. To maintain protection, it must be renewed by filing Form TM-12. Each renewal extends protection for another 10 years. It's also crucial to actively use the mark in commerce to avoid cancellation for non-use.
Specific Considerations for Foreign Applicants
Foreign individuals and companies seeking trademark protection in Bangladesh must adhere to specific legal requirements to ensure their application is processed correctly. Understanding these compliance steps is crucial for a successful registration.
Legal Representation
It is mandatory for all foreign applicants to appoint a registered trademark attorney or agent based in Bangladesh to handle their application. This is formalized through a Power of Attorney document.
- Power of Attorney (Form TM-10): The document must be properly executed on the foreign company's letterhead and signed by an authorized officer, whose position should be stated.
- Notarization & Legalization: The executed TM-10 must first be notarized by a local Notary Public in the applicant's home country and then legalized by the Bangladesh Embassy or Consulate in that country. This process verifies the authenticity of the document for the DPDT.
Priority Claims under the Paris Convention
Bangladesh is a signatory to the Paris Convention for the Protection of Industrial Property. This allows foreign applicants to claim "priority" based on an earlier application filed in another member country.
- Six-Month Window: To claim priority, the application in Bangladesh must be filed within six months of the filing date of the first application in the home country.
- Required Documentation: A certified copy of the priority application (from the home country's trademark office) must be submitted to the DPDT.
- Translation: If the original priority document is not in English, a certified English translation must be provided.
Claiming priority is a strategic advantage, as it effectively backdates your application in Bangladesh to your original filing date, giving you precedence over any similar marks filed in the interim.
Trademark Registration Fees & Timeline
Estimated Timeline
- Search & Filing: 1-3 Business Days
- Examination Report: 6-12 Months
- Journal Publication: 2-4 Months (after acceptance)
- Opposition Period: 2 Months (60 days)
- Certificate Issuance: 2-3 Months (after opposition period)
- Total Estimated Time: 12-24 Months
Schedule of Fees (Government)
- Trademark Search (Optional): Varies
- Application Filing Fee (TM-1): BDT 5,000 (approx.) per class
- Journal Publication Fee: BDT 2,000 (approx.)
- Registration Fee: BDT 10,000 (approx.)
- Renewal Fee (TM-12): Varies (approx. BDT 15,000)
- Note: Fees are subject to change by the DPDT. Professional fees for legal services are additional.
Renewal & Maintenance
As per Clause 36 of the Trade Mark Rules, 2015, renewal fees must be paid at least three months before the expiry of the 7-year (initial) or 10-year (subsequent) term. Late renewals are typically available for up to four months after the expiry date, but this incurs additional late fees. An Authorization of Agent (TM-10) is required for renewal.
Enforcement & Legal Protection
Registration confers the exclusive right to use your trademark in Bangladesh and provides powerful legal remedies against infringement.
Civil Remedies
- Injunctions: Court orders to immediately stop infringement.
- Damages: Financial compensation for losses.
- Account of Profits: Seizure of profits from illegal use.
Criminal Penalties
- Fines & Imprisonment: For willful counterfeiting.
- Border Measures: Customs can seize infringing goods at the border.
Administrative & Legal Appeals
- Appeal to High Court: Decisions of the Registrar (e.g., rejection of an application or an opposition decision) may be appealed to the High Court within three months of the decision.
Strategic Trademark Management
Assignment & Recordation
Assignments of trademarks must be recorded with the DPDT to be effective. A mark can be assigned with or without the goodwill of the business.
- Assignment without Goodwill: The Registrar’s directions should be sought within six months of the assignment's execution.
- Unregistered Marks: Can be assigned with the goodwill of the business, or without it only if assigned at the same time as a registered mark for the same goods.
- Associated Trademarks: Must be assigned only as a whole.
- Documents Required: Legalized Deed of Assignment and a new Power of Attorney (TM-10) from the assignee.
Licensing & Registered Use
Licenses (allowing a third party to use your mark) must be recorded with the authority to be effective and to ensure the use benefits the proprietor.
- Recordal Deadline: Application for recordal as a "Registered User" must be made within one year of the date of the license agreement.
- Documents Required: A legalized license deed, an affidavit from the registered proprietor, a Power of Attorney from the proprietor, and a Power of Attorney from the proposed licensee.
Frequently Asked Questions
Get Expert Trademark Service in Bangladesh
Navigating the DPDT's requirements can be complex. Our team at LegalSeba.com specializes in Bangladeshi trademark law, providing expert guidance from search to registration and enforcement. We simplify the process, ensure compliance, and offer dedicated support to secure your intellectual property rights effectively.
Contact Us Today for a Free Consultation
Let's protect the brand you've worked so hard to build. Contact LegalSeba LLP to start the trademark filing process.
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