The short answer
Two sections of the Trademarks Act 2009 deal with names. Section 11 lets the Registrar ask for written consent when a mark falsely suggests a connection with a living person, or with someone who died within 20 years before the application, and refuse to proceed without it. Section 9 bars registering the commonly used name of a single chemical element or compound for chemical substances or preparations, with a brand exception.
Section 11: names of living and dead persons
Where a mark falsely suggests a connection with a living person, or with a person who died within 20 years before the application date, the Registrar may, before proceeding, require the applicant to file the written consent of that person or, for a deceased person, of the legal representative.
The Registrar may refuse to proceed unless the consent is supplied.
- The test is a false suggestion of connection, not just use of a name.
- The period for the dead is 20 years before the date of the application.
- Consent comes from the person, or the legal representative if the person has died.
- The Registrar has a power to require consent, not a duty in every case.
When does section 11 matter?
Fashion and food
Founder or celebrity names
A brand built on a personal name may need the person or estate consent if the connection is not real.
Entertainment
Stage names and public figures
A mark that implies endorsement by an artist, athlete or politician can raise the question.
Family business
Own name
Your own name is usually fine. Section 31 also protects honest use of your own name.
Historical figures
Deaths older than 20 years
The consent rule no longer applies after the 20-year period, but other grounds can still apply.
Get the consent letter before filing if there is any doubt. It is much easier than answering a Registrar requirement later.
Section 9: chemical names
No word that is the commonly used and accepted name of a single chemical element or a single chemical compound may be registered as a trademark for a chemical substance or preparation.
If such a mark is registered by mistake, the section says it is deemed, for section 51 purposes, to be an entry made without sufficient cause or wrongly remaining on the Register, and this applies despite section 29.
Barred
Common chemical name
A word that is the accepted name of a single chemical element or compound, used for that chemical or preparation.
Allowed
Brand or make
The proviso allows a word used to denote only a brand or make of the element or compound by the proprietor or registered user, as distinguished from others, together with a suitable name or description open to public use.
Sections 9 and 11 at a glance
| Section 11 | Section 9 | |
|---|---|---|
| Concern | False link to a person | Generic chemical name |
| Who is affected | Applicants using personal names | Chemical and pharma-related marks |
| Registrar tool | Require written consent, refuse to proceed | Refuse, or cancel later under section 51 |
| Key limit | 20 years after death | Brand exception with a suitable description |
Frequently asked questions
Can I register a trademark using a famous person name in Bangladesh?
Only with care. If the mark falsely suggests a connection, the Registrar may require written consent under section 11 and refuse to proceed without it.
Does section 11 apply to dead people?
Yes, for a person who died within 20 years before the application. The consent comes from the legal representative.
Can I register a chemical name as a trademark?
Not the commonly used and accepted name of a single element or compound for a chemical substance or preparation. A genuine brand name is allowed under the proviso.
What if a chemical name mark was registered by mistake?
Section 9 treats it as wrongly on the Register for section 51 purposes, and section 29 does not protect it.
Choosing a brand name in Bangladesh?
Talk to the SUPREMEiP® team about name clearance and filing.
