Trademark protection in Bangladesh is governed by the Trademarks Act, 2009 and the Trademark Rules, 2015. While the filing process is straightforward, situations often arise where applicants or trademark owners need to amend their applications or registrations. The law permits certain amendments both before and after registration, subject to specific criteria and procedural requirements.
Trademark Amendment Before Registration
Before registration is completed, almost any detail in a trademark application may be amended, provided the amendment does not create a completely new mark. The following are commonly allowed changes:
- Applicant’s Details: Name or address correction or update
- Agent’s Details: Change of authorized agent or representative
- Goods and Services: Addition, deletion, or correction in the classification list (as long as it does not extend to entirely new categories beyond the original scope)
- Clerical Errors: Correction of typographical or factual mistakes
👉 The guiding principle is that the amendment must not substantially alter the identity of the trademark.
Trademark Amendment After Registration
Once a mark has been registered, the scope of amendments becomes narrow and strictly regulated. Permissible amendments include:
- ✅ Clerical or Typographical Errors – correcting spelling mistakes or minor factual errors in the register
- ✅ Ownership Details – updating the proprietor’s name or address in case of corporate changes, mergers, or relocations
- ✅ Restriction of Goods/Services – limiting or narrowing down the list of goods and services
⚠️ Important Limitation:
The mark or logo itself cannot be altered after registration. Any attempt to change the distinctive elements of the trademark would require filing a new application.
Procedural Requirements
When seeking an amendment, the applicant must comply with certain documentary and procedural requirements:
- Simple Power of Attorney (POA) – authorizing the local agent or attorney to act before the Department of Patents, Designs and Trademarks (DPDT).
- Legalized or Apostilled Supporting Documents – where ownership details or corporate documents are amended (e.g., company name change certificate, merger deed, or incorporation documents), they must be legalized or apostilled to be accepted in Bangladesh.
Key Takeaways
- Amendments before registration are flexible but cannot create a new trademark identity.
- Amendments after registration are restricted, allowing only clerical corrections, ownership updates, or limiting goods/services.
- The mark/logo itself is untouchable after registration — any substantial change requires a new filing.
- Supporting documents must be properly legalized or apostilled, and a simple POA is always mandatory.
✅ Conclusion:
Trademark amendment in Bangladesh is possible, but the scope depends on whether the mark is still pending registration or already registered. To avoid delays or refusals, applicants should carefully prepare supporting documents, ensure compliance with legalization requirements, and engage an experienced IP attorney to handle the process smoothly.
Summary Table: Trademark Amendment in Bangladesh
| Stage | Permissible Amendments | Restrictions | Requirements |
|---|---|---|---|
| Before Registration | Applicant’s name/address; Agent’s details; Goods & services (within original scope); Clerical/typographical errors | Cannot create a completely new trademark | • Simple POA • Legalized/Apostilled supporting documents (if ownership/corporate details are changed) |
| After Registration | Correcting clerical errors; Updating ownership details (name/address changes); Restricting/limiting goods & services | Trademark/logo itself cannot be altered | • Simple POA • Legalized/Apostilled supporting documents (e.g., name change certificate, merger deed) |
Frequently Asked Questions (FAQ) on Trademark Amendment in Bangladesh
Q1: Can I change my logo after trademark registration in Bangladesh?
❌ No. Once a trademark is registered, the logo or mark itself cannot be altered. Any change requires filing a new application.
Q2: What amendments are allowed before registration?
✅ Applicant’s details, agent’s details, clerical corrections, and modifications in the list of goods and services (without creating a new mark).
Q3: What amendments are allowed after registration?
✅ Only minor corrections (clerical/typographical), updating ownership details, and restricting goods/services are allowed.
Q4: What documents are required for trademark amendment?
📄 A simple Power of Attorney (POA) and legalized/apostilled supporting documents (e.g., name change certificate, merger deed).
Q5: How long does it take to process a trademark amendment in Bangladesh?
⏳ Typically 2–6 months, depending on the nature of the amendment and the workload of the DPDT.
