Q01
Is a trademark search mandatory in Bangladesh?
No, it is not mandatory under the Trademarks Act, 2009, but it is highly recommended. A search checks the records of the Department of Patents, Designs and Trademarks (DPDT) for identical or similar marks that are already pending or registered, so you can file with confidence.
Q02
What is the trademark search procedure and report?
The search is based on the proposed mark itself — word, logo or combined mark. Searching by the applicant's or proprietor's name is not currently available.
The official report lists similar marks with their status, applicant, filing date, class and goods/services. It gives no legal opinion on registrability.
Q03
How long does it take and what is the trademark search cost?
The search report usually takes 20–30 working days. A trademark search in Bangladesh typically costs USD 100–150.
Q01
What is the trademark registration process in Bangladesh?
The application is filed online on Form TM-1 with the DPDT and examined under the Trademarks Act, 2009. Once accepted, the publication fee is paid on Form TM-9 within one month and the mark is published in the Trademark Journal for a two-month opposition period.
If there is no opposition, the registration fee is paid on Form TM-11 and the DPDT issues the registration certificate.
Q02
Who can file and what documents are required?
Both local and foreign applicants can file, but foreign applicants must act through a local trademark agent. You need a signed Power of Attorney, applicant details, the mark, and the goods/services under the Nice Classification, plus a priority document or translation where applicable.
Scanned copies are enough for filing, but keep the originals as the DG or Tribunal may ask for them.
Q03
How long does it take and how much does it cost?
A smooth registration usually takes 1 to 1.5 years, depending on the DPDT backlog. The total cost is typically USD 750–850.
Q04
How long is a registered trademark valid?
Registration is valid for 7 years from the filing date (or priority date, if claimed). It can then be renewed for successive 10-year periods without limit.
Q01
When is a trademark renewal due in Bangladesh?
A registered trademark is first valid for 7 years from the filing date (or priority date), not the certificate issue date. It can then be renewed for 10 years at a time, without limit.
We recommend starting the renewal about 6 months before expiry.
Q02
What is the renewal procedure and what documents are needed?
Renewal is filed on Form TM-12 with the DPDT, either in person or online. You only need the registration number, class details and a simple signed Power of Attorney — no notarization is required.
Official fees are charged per class, and the Certificate of Renewal usually issues within 3–18 months.
Q03
What happens if I miss the renewal deadline?
You still have a 6-month grace period to renew on Form TM-17 with a late fee. After that, the mark is removed from the register and can only be restored within 1 year.
If your registration certificate was issued after the renewal date, you have 1 month from receiving it to renew without a penalty.
Q04
How much does trademark renewal cost in Bangladesh?
Trademark renewal in Bangladesh typically costs USD 450–550 in total. A late renewal during the grace period carries an additional late fee.
Q01
What is trademark assignment in Bangladesh?
Trademark assignment is the permanent transfer of ownership of a mark from the assignor to the assignee. The assignor's rights end and the assignee becomes the legal owner.
It can be complete or partial (for selected goods/services only), and with or without goodwill.
Q02
What is the trademark assignment procedure in Bangladesh?
A Deed of Assignment is signed and then apostilled or legalized at the Bangladesh Embassy. It is filed with the DPDT, examined, and published in the Trademark Journal for a 2-month opposition period.
If there is no opposition, the DPDT issues a Confirmation Certificate recording the assignee as the new owner.
Q03
What documents are required for a trademark transfer?
You need the original legalized or apostilled Deed of Assignment, a simple Power of Attorney for the local agent, and a copy of the registration certificate.
A certified English translation is needed if the deed is in another language, and evidence of use may be required for an assignment without goodwill.
Q04
How long does it take and how much does it cost?
The full process usually takes 8–24 months, including legalization, examination, publication and certificate issuance. Trademark assignment in Bangladesh typically costs USD 500 in total, including the official DPDT fee.
Q05
Can an unregistered trademark be assigned?
Yes, but only together with the goodwill of the business — otherwise the assignment is void. Associated trademarks must also be assigned together and cannot be split between different assignees.
Q06
What happens if the assignment is not recorded?
An unrecorded assignment is not effective against third parties. The assignee cannot enforce the mark in court and may lose priority to a later assignee who records first.
Q01
What is a trademark name or address change in Bangladesh?
It is a recordal that updates the owner's name or address on the DPDT register. The same legal entity keeps the rights — only the recorded details change.
If the mark moves to a different legal entity, even a group company, it is an assignment, not a recordal.
Q02
What is the trademark recordal change procedure in Bangladesh?
An application is filed on Form TM-16 or TM-33 with the government fee, together with the supporting documents. The DPDT reviews it and issues an official recordal notification confirming the change.
The registration certificate is not usually reissued; the updated register entry is the official record.
Q03
What documents are required?
You need a simple scanned Power of Attorney (no notarization), an Affidavit of Change stating the old and new details, and proof of the change such as a name change certificate or updated commercial register.
The affidavit and evidence must be apostilled or legalized, with a certified English translation if not in English.
Q04
How long does it take and how much does it cost?
DPDT approval usually takes 3–12 months. A trademark name or address change typically costs USD 200. Each trademark registration needs a separate application, but one Affidavit of Change can cover several registration numbers.
Q05
When should I file, and does it affect my registration dates?
File as soon as the change takes effect — there is no grace period. The recordal has no effect on the filing, priority, registration or renewal dates of your trademark.
Q06
What happens if the trademark register is not updated?
Outdated details can cause renewal problems, missed DPDT notices sent to the old address, and weaker enforcement due to mismatched records. They can also raise red flags in IP due diligence.
Q01
What is a trademark amendment in Bangladesh?
A trademark amendment is a formal request to the DPDT to correct or update details in a pending application or a registered trademark.
The amendment must not substantially alter the identity of the mark. A fundamentally different mark needs a new application.
Q02
What can be amended before registration?
While the application is pending, you can correct the applicant's name or address, change the authorized agent, add, delete or correct goods/services within the original class, and fix clerical or typographical errors.
Q03
What trademark correction or change is allowed after registration?
After registration, you can fix clerical errors, update the proprietor's name or address, and narrow the list of goods/services.
The logo, design or word mark itself cannot be changed, the class cannot be changed, and new goods/services cannot be added. These need a new application.
Q04
What documents are required?
A simple Power of Attorney is enough — no notarization or apostille is needed. For corporate changes, such as a name change or merger, the supporting documents must be legalized or apostilled, with certified English translations where needed.
Q05
How long does it take and how much does it cost?
A trademark amendment usually takes 2–6 months and typically costs USD 200. There is no fixed deadline, and each trademark registration needs a separate filing and fee.
Q01
What is trademark opposition in Bangladesh?
Trademark opposition is a formal challenge to a published mark before it is registered, under Section 18 of the Trademarks Act, 2009. Any person can file — you do not need to own a registered mark.
Q02
What is the deadline to file a trademark opposition?
The Notice of Opposition must be filed on Form TM-05 within 2 months of publication in the Trademark Journal. This deadline is not extendable under any circumstances.
Q03
What are the legal grounds for trademark opposition in Bangladesh?
The main grounds are similarity or likely confusion with an earlier mark, prior use rights, lack of distinctiveness, bad faith, a deceptive or misleading mark, and marks contrary to public policy or morality.
All grounds must be stated in the Notice of Opposition — new grounds cannot be added later.
Q04
What is the trademark opposition procedure?
After the notice is served, the applicant must file a counter-statement on Form TM-06 within 2 months, or the application is treated as abandoned. Both sides then file evidence by affidavit on Form TM-18, followed by a hearing and the Registrar's decision.
An aggrieved party can appeal to the High Court Division within 2 months of the decision.
Q05
How long does it take and how much does it cost?
The law sets 330 working days, but in practice a trademark opposition in Bangladesh usually takes 2–4 years. The total cost is typically USD 1,500. Foreign parties may also be asked to deposit security for costs.
Q06
What evidence is needed to support an opposition?
Useful evidence includes registration certificates, invoices and sales records, advertisements, packaging and media coverage. Affidavits signed abroad must be apostilled or legalized, and a Power of Attorney is needed if an agent files on your behalf.
Q01
What is trademark invalidation in Bangladesh?
Under the Trademarks Act, 2009, invalidation is handled as a rectification case: a registered mark is removed, corrected or restricted in the register kept by the DPDT.
Any aggrieved person — such as a competitor or earlier rights holder — can apply, and the DPDT can also act on its own after notifying the parties.
Q02
What are the grounds to cancel a registered trademark?
A mark can be cancelled for non-use for 5 continuous years, or at any time if it was registered by fraud or false information, without a genuine intent to use, in conflict with an earlier or well-known mark, in breach of registration conditions, or without sufficient cause.
Q03
How to cancel or invalidate a trademark in Bangladesh?
The aggrieved party files a rectification petition on Form TM-26. The owner must file a counter-statement on Form TM-06 within 2 months, with no extension allowed.
Both sides then file evidence by affidavit, attend a hearing (confirmed on Form TM-07 within 14 days), and the DPDT issues its decision.
Q04
How long does it take and how much does it cost?
Trademark invalidation procedures in Bangladesh usually take 2–4 years, depending on the evidence and number of hearings. The total cost is typically USD 1,500.
Q05
What evidence is needed?
Evidence of use or prior rights, such as invoices, sales records, advertisements, packaging, trade licenses and online presence. Use must be shown in Bangladesh — use in other countries is not enough. Affidavits signed abroad must be apostilled or legalized.
Q06
What happens after the decision?
The mark may be removed, amended or restricted, including cancellation for only some goods or services. Either party can appeal to the High Court Division within 2 months of the order.
Q01
What is non-use trademark cancellation in Bangladesh?
Under Section 42 of the Trademarks Act, 2009, any aggrieved person can ask for a registered trademark to be removed from the register if it has not been genuinely used. This clears the way for your own mark.
Q02
When can a trademark be cancelled for non-use?
A mark can be cancelled if it was not used in Bangladesh for a continuous period of 5 years after registration, up to one month before the petition is filed. It can also be cancelled if it was registered without a genuine intention to use and was never used.
Q03
How to cancel or invalidate a trademark in Bangladesh?
A rectification petition is filed on Form TM-26 with the DPDT, or with the High Court Division in certain cases. Besides non-use, a mark can be invalidated under Section 51 for bad faith, false information, conflict with earlier rights, or breach of registration conditions.
Q04
What is the cancellation procedure?
The owner must file a counter-statement on Form TM-06 within 2 months. Both sides then file evidence by affidavit, followed by a hearing (attendance confirmed on Form TM-07 within 14 days) and the Registrar's decision.
Either party can appeal to the High Court Division within 2 months of the order.
Q05
Can the trademark owner defend against non-use cancellation?
Yes — by proving genuine commercial use through sales, advertising and marketing records (token use may not be enough), or by showing non-use was due to special and unavoidable circumstances such as government bans. The Registrar may also limit the registration instead of cancelling it.
Q06
How long does it take and how much does it cost?
Non-use trademark cancellation in Bangladesh usually takes 2–4 years, and the total cost is typically USD 1,500. Once cancelled, the mark becomes available for registration by others.
Q01
What is trademark infringement in Bangladesh?
Under Section 26 of the Trademarks Act, 2009, infringement is the unauthorised use of a mark that is identical or deceptively similar to a registered trademark for the same or similar goods or services.
It also covers use on labels, business papers and advertising, and importing or exporting goods bearing the mark.
Q02
What are the trademark infringement remedies in Bangladesh?
The District Court can grant an injunction, damages, an account of profits, and delivery up and destruction of infringing goods. In urgent cases it can also issue an Anton Piller order to search and seize evidence without notice to the infringer.
Q03
How quickly can an injunction be obtained?
An ad-interim (ex parte) injunction can be granted within days where there is a risk of imminent, irreparable harm. A temporary injunction during the suit requires a prima facie case, irreparable loss and the balance of convenience in your favour.
Q04
What criminal penalties apply to counterfeiting?
Counterfeiting a trademark or selling goods with a false mark is punishable by 6 months to 2 years in prison and a fine of BDT 50,000–2,00,000. Repeat offenders face up to 3 years and BDT 3,00,000. These cases are heard by a Metropolitan or First Class Magistrate.
Q05
Can I take action if my trademark is not registered?
You cannot sue for infringement, but you can bring a passing off action. You must prove your goodwill in the market, the other party's misrepresentation causing confusion, and the resulting damage to your business.
Q06
Is there a time limit to take action?
A civil suit must be filed within 3 years of the infringement. Criminal prosecution must start within 3 years of the offence or 2 years of its discovery, whichever is earlier. Each new act of infringement starts a fresh cause of action.
SUPREMEiP, Bangladesh
