Trademark System

Overview

The current trademark regulations in Bangladesh are primarily based on the Trademark Act of March 24, 2009, which is administered by the Department of Patents, Designs, and Trademarks (DPDT) under the Ministry of Industries.

Official Languages

English and Bengali.

Application Principles

Trademark registration in Bangladesh follows the “first-to-file” principle, but in certain cases, trademark rights may also be claimed based on “prior use.”

Protection Period

The initial validity period of a trademark is 7 years from the application date. Renewal applications can be submitted within 6 months before expiration or within a 6-month grace period after expiration. Each renewal extends the validity period by 10 years. If the trademark is not renewed within the stipulated time, it will be canceled, but it can be restored within 1 year after cancellation. 

A registered trademark may be subject to cancellation if it is not used continuously for 5 years.

Application Classification

Bangladesh currently adopts the Nice Classification for goods and services descriptions. However, multi-class applications are not accepted.

Elements of Registrable Trademarks

• Distinctive elements  such as company names, trade names, or the names of natural persons can be registered as trademarks.
• Signatures or photographs  of the applicant or their predecessor, or written consent for the use of another person’s signature or photograph.
• Invented words  (one or more).
• Words unrelated to the characteristics or quality of the goods  (one or more).
• Personal names, religious sects, hereditary titles, ethnic or geographical names  (for Bangladeshi ethnicity or geography), provided evidence of use is submitted. Trademarks can consist of  letters, numbers, or their combinations  (except for textiles), and registration is possible with proof of use. In general, a trademark can be registered if it is distinctive for the goods it is used on.
• Series trademarks : Two or more trademarks used for the same goods, with the main part of the trademarks being similar, can be registered as a series trademark under a single application. Series trademarks are considered  associated trademarks .
• To avoid deception or confusion, the registrar may require  identical or similar trademarks  used by the same owner for the same or different goods to be registered as associated trademarks.
• Organizations that meet the requirements may apply for the registration of  certification trademarks .
• Famous trademarks  containing invented words may apply for  defensive trademark registration  across all categories.

Application Methods

Bangladesh is a member of international intellectual property treaties such as the  TRIPS Agreement ,  Paris Convention , and  WIPO Convention . However, Bangladesh has not yet joined the  Madrid Agreement  or the  Madrid Protocol , so trademarks can only be registered through  single-country registration .

Application Process

• Trademark Search : Before starting the registration process, conduct a trademark search in the trademark database. This helps identify whether identical or similar trademarks have already been applied for or registered.
• Application Submission : After completing the trademark search, submit the trademark registration application to the trademark registry.
• Formal Examination : After submission, the legality of the application documents, trademark samples, power of attorney, etc., is reviewed. If compliant, an application date and application number are granted.
• Substantive Examination : The trademark is examined for registrability according to the law, checking for similarity or identicalness with prior registered trademarks, and compliance with prohibitive clauses of the trademark law. If the trademark fails the substantive examination, the examiner will notify the applicant in writing, stating the reasons for rejection. The applicant can submit a review within a specified period after receiving the rejection notice; otherwise, the application will be deemed abandoned, and the application date and number will not be retained.
• Publication : After examination, if the examiner deems the trademark application acceptable, it will be published in the  Bangladesh Official Trademark Gazette . From the date of publication, the trademark enters the  opposition period , which lasts for  2 months .