Understanding Trademark Registration in Bangladesh

Complete guide and process for trademark registration in Bangladesh

Securing a trademark registration in Bangladesh is a vital step for protecting your business. A trademark acts as a distinctive sign, design, or expression. It identifies your goods or services and sets them apart from competitors in the market.

Governed by the Trademarks Act of 2009, registration provides legally enforceable rights to protect your brand's unique identity. This legal framework grants you exclusive rights for an initial seven years. You can then renew the trademark indefinitely, ensuring long-term brand security and market recognition.

Registering your trademark is one of the most important investments you can make. It transforms your brand name, logo, and tagline from mere ideas into valuable intellectual property. This protection is crucial because your entire business reputation is built upon these elements.

Without registration, you risk imitators diluting your brand or causing consumer confusion. The application process involves strict legal requirements and deadlines set by the Department of Patents, Designs and Trademarks (DPDT).

Engaging a dedicated trademark lawyer in Bangladesh ensures your application is filed correctly and minimizes the risk of rejection. As a leading law firm, LegalSeba LLP provides comprehensive trademark support in Bangladesh to help you navigate this process smoothly. We highly recommend conducting IP Due Diligence before finalizing any major branding decisions.

The Legal Framework for Trademark Registration in Bangladesh

Intellectual property and trademark registration 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 in Bangladesh

Protect Brand Identity

Gain exclusive legal rights to use your brand name and logo nationwide for your specific goods or services. This prevents unauthorized use after completing your trademark registration in Bangladesh.

Prevent Costly Disputes

A registered trademark provides clear legal recourse against infringement. It saves you from future legal battles and protects your brand from dilution.

Build a Valuable Asset

Your trademark is a tangible asset. You can sell it, license it, or use it to secure financing, which adds measurable financial value to your business operations.

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, may apply for registration. Registrable marks for trademark registration in Bangladesh 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.

Word Marks Brand names, distinctive words, or letters.

Device Marks Logos, symbols, or unique graphical designs.

Composite Marks A combination of words and logos.

Service Marks Identifiers for services, not physical products.

Collective Marks Used by members of an organization or association.

Certification Marks Marks that certify standards of quality or origin.

International Classification of Goods & Services

Bangladesh follows the NICE Classification system. All goods and services fall into 45 distinct classes (34 for goods, 11 for services). Your application must specify the exact class your mark applies to. A separate application is typically required for each class when applying for trademark registration in Bangladesh.

The Process of Trademark Registration in Bangladesh

Step 1: Trademark Search

Check DPDT database for existing marks to ensure availability.
Step 2: File Application (Form TM-1)

Submit all documents and fees to the DPDT.
Step 3: Examination by Registrar

The DPDT reviews the application for legal compliance.
Step 4: Journal Publication & Opposition

Your mark is published for a 60-day public opposition period.
Step 5: Registration Certificate Issued

Your trademark is officially registered and protected.

1. Pre-Filing Assessment

Trademark Search: Before filing for trademark registration in Bangladesh, you must conduct a comprehensive search of the DPDT database. This step identifies potential conflicts with existing registered or pending trademarks.

A thorough search saves time and money by assessing whether your proposed mark is distinctive enough to be registrable. At LegalSeba LLP, our legal team conducts exhaustive clearance searches to secure your brand's foundation.

Documentation Preparation: Gather all necessary documents. This includes a notarized Power of Attorney (if using an agent), priority documents for foreign applicants, and proof of first use if applicable.

2. Application Filing

You must file the formal application using Form TM-1 with the DPDT. This submission must include the official government fees and all required information. You must complete applications within 12 months, although extensions are possible. Key requirements include:

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 already in use, proposed to be used, etc.
Authorization (Form TM-10): A mandatory Power of Attorney signed by the applicant appointing an agent.

3. Examination Process

Formal & Substantive Examination: The Registrar first conducts a formal examination to check for completeness. Next, they perform a substantive examination to assess the mark's distinctiveness. This ensures the mark does not conflict with existing ones or violate grounds for refusal.

Responding to Office Actions: If the examiner raises objections, they issue an "Office Action." You have three months (90 days) to submit a formal response.

This response requires legal arguments, evidence of use, or amendments to overcome the objections. Formulating these responses requires highly specialized trademark support in Bangladesh to prevent application abandonment.

4. Publication and Opposition

Once accepted, the Registrar publishes the application in the official Trademark Journal. This publication triggers a 60-day period for public opposition.

During this time, any third party can file a notice of opposition if they believe the mark infringes on their rights. If opposed, a legal proceeding begins where both parties submit counterstatements and evidence before the Registrar makes a final decision.

5. Registration and Post-Registration

Certificate Issuance: If no opposition is filed, or if you successfully overcome an opposition, you must pay the final registration fees. The DPDT then issues the official Certificate of Registration.

Maintenance and Renewal: Under Section 22(1)(2) of the Trade Marks Act, 2009, the trademark remains initially valid for 7 years from the application date. To maintain protection, you must renew it by filing Form TM-12. Each renewal extends protection for another 10 years.

For Foreign Applicants Seeking Trademark Registration in Bangladesh

Foreign individuals and companies seeking trademark registration in Bangladesh must adhere to specific legal requirements. These rules ensure the DPDT processes your application correctly. Many foreign entities choose to secure their trademarks alongside Foreign Company Incorporation in Bangladesh or when setting up operations via BIDA.

Legal Representation

It is mandatory for all foreign applicants to appoint a registered trademark attorney or agent based in Bangladesh. This agent will handle your application on your behalf. You must formalize this appointment through a Power of Attorney document.

Power of Attorney (Form TM-10): Execute this document on the foreign company's letterhead. An authorized officer must sign it, clearly stating their position.
Notarization & Legalization: First, a local Notary Public in the applicant's home country must notarize the executed TM-10. Then, the Bangladesh Embassy or Consulate in that country must legalize it.

Priority Claims under the Paris Convention

Bangladesh is a signatory to the Paris Convention for the Protection of Industrial Property. This agreement allows foreign applicants to claim "priority" based on an earlier application filed in another member country.

Six-Month Window: To successfully claim priority, you must file the application in Bangladesh within six months of the initial filing date in the home country.
Required Documentation: You must submit a certified copy of the priority application (obtained from the home country's trademark office) to the DPDT.
Translation: If the original priority document is not in English, you must provide a certified English translation.

Fees & Timeline for Trademark Registration in Bangladesh

Estimated Timeline

Search & Filing 1-3 Days
Examination Report 6-12 Months
Journal Publication 2-4 Months
Opposition Period 60 Days
Total Time 12-24 Months

Schedule of Fees (Government)

Application Filing Fee (TM-1) ~ BDT 5,000 / class
Journal Publication Fee ~ BDT 2,000
Registration Fee ~ BDT 10,000
Renewal Fee (TM-12) ~ BDT 15,000

Note: Official government fees total around BDT 30,000-35,000 per class over the lifecycle. Professional fees for legal services are additional. Certain transactions may have implications under National Board of Revenue (NBR) tax regulations. See our Company Tax Guide for details.

Renewal & Maintenance

As per Clause 36 of the Trade Mark Rules, 2015, you must pay renewal fees 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. You will need a new Authorization of Agent (TM-10) for renewal.

Trademark Enforcement in Bangladesh

After successfully securing your trademark registration in Bangladesh, trademark enforcement becomes a critical post-registration step. Registration confers the exclusive right to use your trademark, but actively defending it provides powerful legal remedies against infringement.

As a leading law firm in Bangladesh, LegalSeba LLP offers aggressive enforcement strategies across the following domains:

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: Punishments for willful counterfeiting.
Border Measures: Customs can seize infringing goods at the border.

Administrative & Legal Appeals

Appeal to High Court: Decisions made by the Registrar (e.g., rejecting an application or an opposition decision) may be appealed to the High Court within three months.

Strategic Trademark Management in Bangladesh

Assignment & Recordation

Assignments of trademarks must be recorded with the DPDT to be legally effective. You can assign a mark with or without the goodwill of the business.

Assignment without Goodwill: Seek the Registrar’s directions within six months of executing the assignment.
Unregistered Marks: Can be assigned with business goodwill, or without it if assigned alongside a registered mark for the same goods.
Associated Trademarks: You must assign these only as a whole group.
Documents Required: A Legalized Deed of Assignment and a new Power of Attorney (TM-10) from the assignee.

Licensing & Registered Use

If you license a third party to use your mark, you must record this with the authority. This ensures the license is effective and benefits the original proprietor.

Recordal Deadline: Apply for recordal as a "Registered User" within one year of signing the license agreement.
Documents Required: A legalized license deed, an affidavit from the registered proprietor, and Power of Attorney forms from both the proprietor and the proposed licensee.

Trademark Registration in Bangladesh