• Who can Apply? Any individual claiming to be the proprietor of a trademark can apply to register the mark with the Registrar. Natives and foreigners have equal rights, but a local agent must represent a foreign claimant.

• Multiclass possible? A trademark application in Bangladesh can be filed for a single class only. Multiclass applications for the same trademark can be filed in Bangladesh by making separate applications.

• Types of applications: Trademark applications in Bangladesh can be filed in two categories: (1) Ordinary Applications (without claiming priority) and (2) Convention Applications (claiming priority from a convention country)

• Claiming Priority: Application for a Trademark or a Priority Trademark An application claiming priority from a convention country can also be filed in Bangladesh within six months from the priority date. In case of priority, a certified copy of the priority application must be filed within three months from the filing date in Bangladesh.

Filing Requirments;

1. Simple POA: (There is no need for an original, notarization, or legalization; only a sufficient SCANNED copy is required.)

2. Name and complete address of the applicant: If the applicant is a company, the name and designation of the signatory (such as director or chairman) will also be requested.

3. Description of  the Mark or Copy of the Label/Logo/Device Mark

4. A certified copy of the Priority Application (an application for a Trademark or a Priority Trademark Application claiming priority from a convention country) can also be filed in Bangladesh within six months from the priority date. In priority cases, a certifying copy of the priority application must be filed within three months from the filing date in Bangladesh. A notarized English version must also be submitted if the priority document is not in English. Note that a trademark application claiming priority from a convention country can be filed in Bangladesh within six months of the earlier filing date.

Timeline: 1/2 Working day Filing
Cost: Official Fee: $70 +Professional fee: Contact Us

After an application is filed, the IP Office examines it concerning its distinctiveness, possibility of deceptiveness, and conflicting trademarks. If an objection to a registration is raised, an official examination report will be issued within six months to 3 years, depending on the backlog at the Registry. If there is no objection, the trademark office will issue an acceptance letter (TMR-5).
Timeline: 6 months to 3 years, depending on the backlog at the Registry.

Formality Examination & Substantive Examination: After applying, the Registrar examines the distinctiveness, possibility of deceptiveness, and conflicting trademarks. If an objection to registration is raised, the Registrar will issue an official examination report within six months to 1 year, depending on the backlog at the Registry. The Registrar may accept or refuse the application subject to the ordinance's provisions. A trademark application in Bangladesh can be refused/ objected to by the Registrar on the following grounds:

• The mark is similar/ identical to an earlier trademark for the same or similar goods/services.
• The mark is similar/identical to an earlier trademark in respect of different goods/services.
• The mark is a commonly used and accepted name for any chemical element or compound.
• However, the above categories of marks may be registered if the proprietor of the earlier trademark consents to it or if honest concurrent use of the later mark has been established.

Further, the objections raised by the Registrar about an application are forwarded to the applicant, and the applicant has to file an appropriate reply to the supporting documents to the official objections within 60 days. The Registrar may accept the application based on the reply and documents filed or list the application for hearing.

The applicant can file an appeal against the Registrar's decision, made at the hearing or without the hearing, within one month from the date of such communication to the Registrar. The appeal requires the applicant to state in writing the grounds for and materials used by him in arriving at his decision. When an application for trademark registration is accepted, the Registrar advertises it in the official Trademarks Journal, published and available on the Registry website. 

After examination and upon the Registrar's acceptance of the response, the application is ordered for advertisement /publication in the Trademarks Journal. The Trademarks Journal advertises the application to invite the public to file an opposition against registering a mark.

Timeline: 6 to 18 months from the date of fee submission, depending on the backlog at the Registry.
Publication Cost: Official Fee: $42 +Professional fee: Contact Us

Opposition of Published Trademark in Bangladesh: Upon publication of the trademark in the Trademarks Journal, any person can oppose the registration of the said trademark 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 period to file the notice of opposition can be extended by a maximum period of 3 months upon filing a specified request for an extension of time thrice for one month each, along with the prescribed fee.

The application shall proceed to registration where there is no opposition or where the opposition was filed and decided in favor of the applicant. The mark is then registered for seven years from the date of filing of the application. The trademark can be renewed from time to time for an unlimited period. Each renewal term is for ten years.

Timeline: 6 to 8 months from the date of fee publication if there is no opposition.
Registration Cost: Official Fee: $280+Professional fee: Contact Us