Trademark in Bangladesh: Complete Procedure

According to section 2(8) of the Trademarks Act, 2009;  trademark means-
(a) in relation to Chapter X of this Act, other than section 77-

(i) a registered trademark or a mark used in relation to goods for the purpose of indicating a connection in the course of trade between the goods and the person having the right as proprietor to use the mark;
(ii) a mark used in relation to a service so that it may be indicated that the person has the right as proprietor to use the mark in the course of trade;

(b) in relation to the other provisions of this Act, a mark used or proposed to be used in relation to any service or goods indicating a connection in the course of trade between the goods and the person having the right, either as proprietor or as registered user, to use the mark;

(c) certification trademark; 


How to FILE an application for a trademark in Bangladesh?

An application for Trademark Registration in Bangladesh can be filed in the prescribed form for a single class only to the Registrar of Trademarks, Bangladesh and obtaining the application number. Multi-class trademark applications cannot be filed in Bangladesh. Application for a Trademark or a Priority Trademark Application claiming priority from a convention country can also be filed in Bangladesh within 6 (Six) months from the priority date.  Read More..


Trademark RENEWAL in Bangladesh

A trademark can be renewed in Bangladesh from time to time for an unlimited period upon payment of the renewal fees, failing which the mark becomes liable to be removed from the Register on account of non-renewal. Each renewal term is for a period of 10 years. Read More...


How to overcome an office action or OBJECTION of a Trademark in Bangladesh?  

After an application is filed, it is examined by the Registrar with regard to the distinctiveness, possibility of deceptiveness and conflicting trademarks. If an objection to a registration is raised, an official examination report will be issued by the Registrar within 6 months to 1 year, depending on the back log at the Registry. Read More...


How to SEARCH a Trademark in Bangladesh?

Search is not mandatory but is advisable for the following two reasons; It will help one in determining whether the application has a chance for success, or whether it would be a waste of time and money to try and register it in its present form. It will also help one avoid trademark infringement and potential lawsuits if one went straight ahead in applying for registration. Read More...


Trademark OPPSITION in Bangladesh

Upon publication of a trademark in the Trademarks Journal, any person can file an opposition against registration of the said trademark in Bangladesh by filing a notice of opposition within the prescribed period of 2 months from the date the Trademarks Journal is made available to the public. The time period to file the notice of opposition can be extended by a maximum period of 3 months upon filing a specified request for extension of time thrice for a period of one month, each along with the prescribed fee. Read More...


Trademark JOURNAL Publication in Bangladesh

According to section 17 of the Trademarks Act, 2009, Advertisement of application.?(1) When an application for registration of a trademark has been accepted, whether absolutely or subject to conditions or limitation, the Registrar shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or limitations, if any, subject to which it has been accepted, to be advertised in the prescribed manner. Read More.. 


Trademark ASSIGNMENT in Bangladesh

The Registered proprietor of a Trade mark has power to assign the mark and a registered Trade Mark is assignable and transmissible with or without goodwill of the business in respect of all or some of the goods for which it is registered. Where a person becomes entitled by assignment or transmission to a registered trademark, he shall make application to the Registrar (in the prescribed manner) to register his title and the Registrar shall, on receipt of the application and on proof of title to his satisfaction, register the Assignee as the proprietor of the trademark. Read More...


How to REMOVE a Trademark in Bangladesh (rectification)

A Registered (if) trademark in Bangladesh has not been used for a continuous period of five years from the date of registration, it can be removed on an application made in the prescribed manner by filing request before the Trademarks Office in Bangladesh on the grounds that the impugned mark was registered without any genuine intention to use. Read More...


How Protect a Trademark in Bangladesh? (Trademark Infringement)

Trademark infringement is one of the most common forms of trademark-related litigation. Individuals who have had their trademark rights infringed upon sue the infringer/defendant in court, and seek some form of remedy to compensate them for the economic injury that they have suffered due to the infringement of their trademark rights. Compensation does not always have to mean an award of money, especially in trademark infringement cases. Read More..



Biography; 

Trademark Registration Procedure in Bangladesh is regulated by Trademarks Act, 2009 and Trademarks Rules, 2015.

Relevant Office

Department of Patents, Designs and Trademarks (DPDT)

Law in Force

Trademarks Act, 2009, Trademarks Rules, 2015

Classification

Only NICE Classification

Paris Convention

Yes

Madrid System

No

Multi-Class System

No

Documents required for filing a trade mark application

  Simply executed Power of Attorney

Prosecution Process

Stage 1: Filing of trade mark application

Stage 2: Examination Report/Objection/Response  

Stage 3: Advertisement of mark in the trade marks journal/Opposition

Stage 4: Registration Certificate

Registration Term

7 years from the date of application

Renewal Term

10 years from the date of previous registration

  

FAQ

A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to help consumers identify that its products or services with which the trademark appears originate from a unique source, and to help distinguish its products or services from those of other entities.

A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound.

Once a trademark is registered in Bangladesh, it is valid for a period of 7 years from the date of application. The trademark registration can then be renewed for a further period of 10 years from the date of expiration of registration or of the last renewal of the registration.

The Trademarks Registry recognizes well-known trademarks in Bangladesh on the basis of their international, national and cross border reputation.

The Trademark Act, 2009 provides protection to well-known trademarks at two levels:

Action against registration of similar marks

Action against misuse of well-known trademarks

A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.

No, it is not possible to register such a trademark.

No, Sound and Smell marks cannot be registered as a trademark in Bangladesh.

Trademarks in Bangladesh may be designated by the following symbols:

(for an unregistered trademark, but for which application has been filed)

? (for an unregistered service mark, but for which application has been filed)

(for a registered trademark)

An application for registration of a trademark in Bangladesh may be made by any person claiming to be the proprietor/owner of a mark for those goods and services for which he is using or intends to use the mark. At the time of filing the application, the proprietor must have the intention to use the mark.

Contact Person
J.A. Chaudhury Reagan

Advocate, Supreme Court of Bangladesh
+8801613336333
+8801711970318
info@supremeip.com
advreagan@gmail.com
WeChat ID: SUPREMEiP

Contact Person
J.A. Chaudhury Reagan

Advocate, Supreme Court of Bangladesh
+8801613336333
+8801711970318
info@supremeip.com
advreagan@gmail.com
WeChat ID: SUPREMEiP