How to Register a Trademark in Bangladesh? SUPREMEiP®

To register a trademark in Bangladesh, you must file an application with the Department of Patents, Designs and Trademarks (DPDT) under the Ministry of Industries. The process involves: (1) conducting a trademark search, (2) filing the application with the required documents, (3) examination by the Registrar, (4) responding to any objections within 60 days, (5) paying the publication fee, (6) publication in the Trademark Journal with a 2-month opposition window, and (7) issuance of the Registration Certificate. The entire process typically takes 7 to 18 months. Foreign applicants must appoint a local trademark agent or law firm.

The total timeline is typically 7 to 18 months from filing to receipt of the Registration Certificate. A smooth application with no objection and no opposition can complete in approximately 7 months. If the DPDT raises an objection or a third party files opposition, the process can extend to 18 months or longer.

The total official government fee for a single-class trademark application in Bangladesh is approximately USD $356, covering the filing fee, examination fee, and publication fee. This excludes professional legal fees charged by your trademark agent or law firm. Foreign applicants will also incur representation fees. For multiple classes, separate applications must be filed — each incurring its own set of official fees.

Trademark registration and protection in Bangladesh are primarily governed by the Trademarks Act, 2009 and the Trademark Rules, 2015. The DPDT administers the registration process under the Ministry of Industries. Bangladesh is also a member of the Paris Convention and the WTO/TRIPS Agreement, which grants rights to foreign applicants including convention priority claims.

A trademark in Bangladesh can be any distinctive word, phrase, logo, symbol, design, shape, color combination, or any combination thereof that identifies and distinguishes the goods or services of one person from those of others. The mark must be capable of distinguishing — generic, descriptive, or purely common terms are generally not registrable without acquired distinctiveness.

Any person — individual or company — claiming to be the proprietor of a trademark used or proposed to be used may apply for registration. Bangladeshi applicants may file directly through the DPDT online portal. Foreign applicants must appoint a local trademark agent or law firm to represent them. Both resident and non-resident applicants have equal rights to register trademarks in Bangladesh.

Yes. Foreign nationals and foreign companies have the same rights as Bangladeshi applicants to register trademarks in Bangladesh. However, they must appoint a local trademark agent or law firm — direct filing by foreign applicants is not permitted. A Power of Attorney is required; a scanned signed copy is sufficient (no notarization needed). If the mark contains non-English text, a Translation and Transliteration Certificate must also be provided.

It is not legally mandatory for Bangladeshi applicants, but it is strongly recommended for all applicants — local and foreign alike. For foreign applicants, appointing a local trademark agent is a legal requirement. An experienced IP attorney helps avoid procedural errors, drafts effective objection responses, monitors deadlines, and significantly improves the overall success rate of the application.

A trademark search is not legally mandatory, but it is strongly advisable. Conducting a clearance search — using Form TM-04 at the DPDT — helps determine whether your proposed mark is registrable, whether similar marks already exist, and can prevent costly objections and oppositions later. Bangladesh follows the NICE International Classification, and searches should cover the relevant class and associated classes.

No. Bangladesh only allows single-class applications. If you need protection across multiple classes, you must file separate applications for each class. Bangladesh follows the NICE International Classification — Classes 1–34 cover goods and Classes 35–45 cover services. Each application incurs its own filing and prosecution fees.

The key documents required are: (1) a clear representation of the trademark, (2) a list of goods/services and the relevant NICE class, (3) the applicant's full name and address, (4) a Power of Attorney (for foreign applicants — scanned signed copy is sufficient), (5) a Translation and Transliteration Certificate (if the mark contains non-English/non-Bengali words), and (6) proof of prior foreign filing if claiming Paris Convention priority.

A convention priority application allows an applicant who has already filed a trademark in a Paris Convention member country to file the same mark in Bangladesh within 6 months of the original foreign filing date, with the Bangladesh application backdated to that earlier date. This protects your international priority. After the 6-month window closes, the priority right is permanently lost.

After filing, the DPDT Registrar examines the application for distinctiveness, deceptiveness, and conflicts with existing registered marks. If no objection is raised, the application proceeds to publication in the Trademark Journal. If an objection is raised, the applicant receives an official examination report and must respond within 60 days. The examination stage typically takes 6 months to 1 year depending on the DPDT backlog.

Common objection grounds include: Section 6 — lack of an invented word; Section 8 — absolute grounds such as non-distinctiveness, deceptiveness, or marks contrary to morality; Section 9 — descriptive or generic marks (personal names, geographic names); Section 10 — similarity to an earlier registered mark; Section 67 — requirement for a Country of Origin Certificate (for foreign marks); and Section 120 — requirement for a Translation and Transliteration Certificate (for non-English/Bengali marks).

Upon receiving an examination report, the applicant has 60 days to file a written reply addressing each ground of objection, supported by relevant documents and legal arguments. The Registrar will review the response and either accept the application, reject it, or schedule a hearing. If unsatisfied with the Registrar's decision, an appeal can be filed within 1 month, requesting the Registrar to provide written grounds for the decision. Engaging an experienced IP lawyer is strongly recommended for drafting effective objection responses.

A Section 10(3) objection is raised when the DPDT finds that a mark identical or deceptively similar to the applied mark already exists on the register. This creates an "absolute bar" — the newer application cannot proceed until the earlier mark is resolved. Resolution strategies include: demonstrating the marks are sufficiently different, challenging the cited mark's validity on grounds of non-use or abandonment, obtaining consent from the earlier mark owner, or applying for a hearing to argue the absence of likelihood of confusion.

The standard response period is 60 days from the date of the examination report. Limited extension may be available in certain circumstances under the Trademark Rules, 2015. However, failure to respond within the stipulated time without securing an extension may lead to the application being treated as abandoned. It is critical to act promptly and seek legal assistance as soon as an objection is received.

The Bangladesh Trademarks Journal is the official gazette published by the DPDT. Under Section 17(1) of the Trademarks Act, 2009, once a trademark application is accepted by the Registrar, it must be advertised in the Journal. Publication signals that the mark has passed examination and is one step from registration — subject to a 2-month opposition window. Any person may oppose publication of a mark during this period.

After the Registrar accepts the application, the applicant receives a TMR-05 notice containing the publication fee demand. The fee must be paid via Form TMR-09 within one month of receiving the TMR-05 notice. Failure to pay within this period can result in the application being stalled or rejected entirely. This is one of the most commonly missed deadlines in the registration process.

Any person — including individuals, companies, or any legal entity — who believes that a published trademark conflicts with their existing rights may file an opposition. There is no requirement to be the registered owner of an earlier mark; even an applicant with a pending earlier application may have grounds to oppose. The opposition must be filed using Form TM-05 within 60 days of the trademark's publication in the Journal.

The opposition must be filed within 60 days (2 months) from the date of publication in the official Trademarks Journal. This deadline is strict and absolute — unlike many other jurisdictions, Bangladesh does not permit extensions of the opposition period. Once the deadline passes, the conflicting mark will proceed to registration and the opportunity to oppose is permanently lost.

Upon receiving a copy of the opposition notice from the DPDT, the trademark applicant has 2 months to file a counter-statement using Form TM-06. No extension is allowed. The counter-statement should argue that the marks are not confusingly similar, that the opponent's rights are weak or unenforceable, or that there is no evidence of reputation or use. After both parties submit their evidence, the Registrar schedules a hearing and delivers a decision.

Under Section 22 of the Trademarks Act, 2009, an initial trademark registration is valid for 7 years from the filing date (or priority date). After that, it can be renewed for successive periods of 10 years each — indefinitely, as long as renewal fees are paid. Bangladesh's initial 7-year term is shorter than the 10-year initial term used in many other countries, so applicants should track the expiry date carefully.

Under Section 20 of the Trademarks Act, 2009, the official "Registration Date" is the filing date of the Bangladesh application — or the priority date if a Paris Convention priority is claimed — whichever is earlier. The date printed on your Registration Certificate is not the registration date. Always calculate your 7-year protection period and renewal deadline from the filing or priority date, not the certificate date.

A registered trademark in Bangladesh gives the owner: (1) exclusive right to use the mark for the registered class across Bangladesh; (2) the right to file suit in the District Court against anyone using a deceptively similar mark; (3) the ability to obtain court orders for injunctions, damages, and destruction of infringing goods; (4) the right to assign, license, or use the mark as collateral; (5) prima facie evidence of ownership (conclusive after 7 years); and (6) the right to request Customs to seize goods bearing false trademarks at importation.

No. The ® symbol may only be used once your trademark is officially registered — i.e., after you receive the Certificate of Registration from the DPDT. Using ® before registration is misleading and legally impermissible. During the pending application period, you may use the ™ symbol to indicate that you claim trademark rights, though it carries no formal legal registration status.

Yes. A registered trademark in Bangladesh can be cancelled (removed from the register) on several grounds, including: non-use for a continuous period of 5 years from the date of registration; the mark having become generic or deceptive; fraud in the application; or the mark being registered in breach of the Trademarks Act. An application for cancellation/rectification can be filed with the Registrar or the Tribunal.

Trademark renewal in Bangladesh is governed by Sections 22 and 23 of the Trademarks Act, 2009. The initial 7-year term must be renewed, and thereafter each renewal term is 10 years. A renewal application must be filed along with the prescribed renewal fee before the expiry of the current term. A grace period applies with additional fees if the deadline is missed. Failure to renew leads to removal from the register.

If the renewal deadline is missed, the Registrar may remove the trademark from the register, causing the owner to lose all exclusive rights. Restoration is possible within 1 year of removal upon payment of the restoration fee and all outstanding renewal fees. However, the Tribunal may allow new third-party applications on the removed mark if it was not commercially used in the 2 years prior to removal, creating risk of losing the mark permanently.

Yes, under the Trademarks Act, 2009, a trademark removed from the register for non-renewal can be restored within 1 year of the date of removal, by filing a restoration application and paying all required fees. However, restoration is not guaranteed — and it is always considerably more expensive and complex than timely renewal. During the removal period, third parties may file new applications for the same mark, creating further legal complications.

Yes, but Bangladesh's trademark register only permits English and Bengali marks. If your trademark contains words in any other language (e.g., Chinese, Arabic, French), the DPDT will require a notarized Translation and Transliteration Certificate — stating the exact meaning (translation) and the English pronunciation (transliteration) of the foreign word(s). This should ideally be submitted at the time of filing to avoid a formal objection under Section 120.

A trademark disclaimer under Section 14 of the Trademarks Act, 2009 means that the trademark owner gives up exclusive rights over a specific part of the mark that is non-distinctive or generic — such as the word "Bakery" in "Ahmed's Bakery." The overall trademark is still registered and protected, but the owner cannot claim a monopoly over the disclaimed portion alone. Disclaimers are required by the DPDT to ensure that common or descriptive words remain available for all traders.

Yes. A registered trademark — or even a pending application — can be assigned (transferred) to another party in Bangladesh. The assignment must be accompanied by demonstrable goodwill and should be formally recorded with the DPDT. An unrecorded assignment may not be enforceable against third parties. Before acquiring a trademark by assignment, it is critical to verify its current status at the DPDT to ensure the mark is active and validly subsisting — never purchase an abandoned or removed mark without confirmed restoration.

Yes. A registered trademark in Bangladesh can be licensed to another party — a registered user — for use in connection with the registered goods or services. The license should be in writing and recorded with the DPDT. An unregistered or unrecorded license may not create enforceable rights against third parties. Trademark licensing is a powerful commercial tool that allows brand owners to monetize their IP while retaining ownership.

The Department of Patents, Designs and Trademarks (DPDT) is the government authority responsible for administering intellectual property registrations in Bangladesh, operating under the Ministry of Industries. The DPDT handles all trademark applications — from initial filing and examination through to publication, opposition, registration, and renewal. All official trademark forms, fees, searches, and communications are processed through the DPDT.

Yes. Bangladesh is a member of both the Paris Convention for the Protection of Industrial Property and the WTO's TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights). This means foreign applicants from Paris Convention member states can claim priority when filing in Bangladesh within 6 months of their home country filing. Bangladesh's trademark laws are also aligned with TRIPS minimum standards for IP protection and enforcement.

The NICE International Classification of Goods and Services is the international system used to classify products and services for trademark registration purposes. Bangladesh follows this system, with Classes 1–34 for goods and Classes 35–45 for services. Each trademark application in Bangladesh must specify the relevant class(es). Since Bangladesh only allows single-class applications, a separate application must be filed for each class in which protection is sought.

You can search for existing trademarks through the DPDT online portal or by filing Form TM-04 to request an official search and preliminary advice from the Registrar. It is advisable to conduct a comprehensive search — covering word marks, device marks, and related classes — before investing in a brand name. A professional trademark attorney can conduct a thorough search and provide a detailed analysis of the results and associated risks.

A trademark application is the formal request filed with the DPDT seeking registration — at this stage, the mark is pending and not yet registered. A trademark registration is the grant of official rights after the application has passed examination, been published in the Journal without successful opposition, and the Certificate of Registration has been issued. Only a registered trademark owner can use the ® symbol and has the full suite of statutory enforcement rights.

Yes, to a limited extent. Under the common law doctrine of passing off, an unregistered trademark owner with established goodwill and reputation may seek legal remedies against a competitor who misrepresents their goods or services as those of the original owner, causing damage. However, proving passing off is costly and complex compared to the straightforward enforcement available to registered trademark owners. Registration under the Trademarks Act, 2009 is always the recommended route for reliable, enforceable protection across Bangladesh.