How to Cancel or Invalidate a Trademark in Bangladesh: Complete Guide
Cancelling or challenging a registered trademark in Bangladesh follows specific trademark invalidation procedures laid down under the Trademarks Act, 2009 and the Trademarks Rules, 2015. These procedures are essential for business owners who wish to remove an unused or wrongly registered mark, as well as for third parties seeking to contest a questionable registration. To navigate this process effectively, it is important to understand the grounds, procedures, and timelines that govern invalidation in Bangladesh.
This guide provides a step-by-step overview of the trademark invalidation procedures in Bangladesh, including non-use actions, rectification, legal requirements, and practical measures to protect your rights.
◻️ What Does Trademark Cancellation Mean in Bangladesh?
In Bangladesh, trademark cancellation is legally known as a Rectification Case.
When a party files a petition to cancel, correct, or remove a trademark from the official register, it is treated as Rectification under the law.
- Governed by: Trademarks Act, 2009
- Authority: Department of Patents, Designs and Trademarks (DPDT)
- Sometimes handled by: High Court Division of the Supreme Court of Bangladesh
◻️ Legal Grounds for Trademark Invalidation in Bangladesh
A petition to cancel or invalidate a trademark in Bangladesh may be filed on the following grounds:
- Non-use of the trademark – If the mark has not been used for a continuous period of five years from registration (Section 42).
- Lack of bona fide intention – If the application was filed without a genuine intent to use the mark.
- Infringement of earlier rights – If the mark conflicts with prior trademarks.
- Non-compliance with conditions – If the owner fails to comply with restrictions imposed at registration.
- Fraudulent or misleading information – If the trademark was registered based on false statements.
- Invalid ownership records – Where assignment or transfer records are incorrect or unlawful.
🕒 When Non-Use as a Ground for Removal
(Based on Section 42 of the Trademark Act)
A registered trademark gives the owner the exclusive right to use the mark. But if the owner doesn't use it properly, others who are affected (called “aggrieved persons”) can apply to cancel it. Let’s understand when this is possible — and when it’s not.
Under Section 42, there are specific legal grounds on which such cancellation (or rectification) can be requested. Let’s understand those grounds in detail, especially Clause (a) and Clause (b).
🔄 Rectification of the Trademark Register (Section 51)
In some cases, rather than complete cancellation, what is required is rectification of the trademark register. As per Section 51:
“Any person aggrieved by the absence or inclusion of any entry in the register, or by an entry made without sufficient cause or wrongly remaining, may apply for rectification.”
Rectification is applicable in situations such as:
- Incorrect or false information in the register
– If a trademark was registered based on misleading, false, or fraudulent statements—whether about the applicant’s identity, business use, or nature of goods/services. - Registration obtained with dishonest or mala fide intention
– If it is later revealed that the applicant had no real intent to use the trademark or filed the application with the purpose of blocking competitors, harming others, or unfairly benefiting from someone else’s reputation. - Improper or unlawful assignment/ownership records
– If the register shows an owner who is not the rightful proprietor due to an invalid assignment, forged documents, or clerical errors. - Trademark infringement or conflict with earlier marks
– If the registration violates someone else’s pre-existing rights, including earlier filed or well-known trademarks. - Failure to comply with conditions or limitations imposed at the time of registration
– Such as ignoring restrictions on use, class limitations, or misleading associations. - Any entry made without sufficient cause or wrongly remaining on the register
– This includes any error, irregularity, or unjustified entry that should not legally be there. - Omission of essential information
– If important facts (e.g., disclaimers, priority claims, or rights of other parties) were deliberately or mistakenly left out.
Both the Registrar and the High Court Division of the Supreme Court of Bangladesh have jurisdiction over such rectification petitions. The Registrar may also initiate rectification suo moto (on their own motion) after notifying the concerned parties and allowing a hearing.
🚫 Trademark Cancellation Timelines: Section 42 vs Section 51
In Bangladesh, a rectification case can be filed under two key provisions of the Trademarks Act, 2009. Under Section 42, a petition for cancellation can be filed if a registered trademark has not been used in Bangladesh for a continuous period of five years from the date of registration or last known use. This is commonly known as cancellation on the ground of non-use and is usually filed by a third party. On the other hand, under Section 51, a rectification case can be filed at any time after registration to correct, amend, or remove any entry made without sufficient cause, wrongly remaining, or causing confusion—such as false claims, bad-faith registration, infringement, or incorrect ownership records.
SUPREMEiP, Bangladesh
📝 Importance of Drafting the Rectification Notice
The rectification process begins with filing Form TM-26, but mere submission is not enough—how the petition is drafted is crucial to its success.
A well-drafted rectification notice should:
- ✅ Clearly state the legal grounds (e.g., non-use, bad faith, infringement).
- ✅ Present a factual and legal background.
- ✅ Cite earlier registrations, prior use, or well-known marks.
- ✅ Show potential confusion, damage, or loss caused by the registered mark.
📌 Poorly written or vague notices often lead to dismissal or weaken your case during hearings. At SUPREMEiP, we regularly encounter rejected or stalled cases due to defective drafting.
🔄 Step-by-Step Process: How to Cancel a Trademark in Bangladesh?
Stage 1: Filing of Rectification and Counter-Statement
- The Opponent files Form TM-26 with the DPDT.
- The DPDT serves a copy to the trademark Applicant.
- The Applicant files a Counter-Statement (Form TM-06) within 2 months.
- ⛔ No time extension is permitted at either stage.
📌 In cases under Section 42 (non-use), the filing is usually initiated by an interested third party. Under Section 51, rectification can be filed any time after registration for reasons like bad faith, false information, or violation of conditions.
Stage 2: Submission of Evidence (Affidavit in Evidence)
Both sides must submit verified affidavits in support of their claims, along with supporting documents.
For the Opponent:
- 🔹 Legalized or apostilled affidavit of evidence
- 🔹 Proof of prior rights: earlier registrations, usage, business presence
- 🔹 Sales records, product packaging, online presence, and media mentions
- 🔹 Customer reviews, trade licenses, or business registration
For the Applicant:
- 🔹 Affidavit in defense of the registered mark
- 🔹 Sales, promotion, and branding materials
- 🔹 Proof of use in Bangladesh
- 🔹 Agreements, licenses, and financial documents
📮 Both parties must serve hard copies by registered post to each other.
📣 Optional Step: Counter-Affidavit
The Opponent may file a Counter-Affidavit within 1 month after receiving the Applicant’s evidence. This is optional but useful to:
- Respond to new claims or defenses
- Clarify evidence
- Reinforce the original claim
Stage 3: Hearing
- The DPDT issues a Hearing Notice (Form TMR-13).
- Both parties must confirm attendance by filing Form TM-07 within 14 days.
- A hearing date is fixed—more than one hearing may be required.
At the hearing:
- Both parties present oral arguments
- Respond to legal queries from the Registrar
- Submit clarifications or additional evidence (if permitted)
Stage 4: Decision and Appeal
- If the DPDT rules in favor of the Opponent, the trademark is cancelled, amended, or restricted.
- If the Applicant wins, the mark proceeds to remain registered.
- Any dissatisfied party may appeal to the High Court within 2 months from the Registrar’s order.
⏱️ Timeline
The entire rectification process typically takes 2 to 4 years, depending on:
- Case complexity
- Volume and strength of evidence
- Responsiveness of the parties
- Number of hearings required
📌 Final Words
Trademark Rectification in Bangladesh is a powerful legal remedy—but only if used correctly. Whether based on non-use, fraudulent registration, or infringement, the success of your rectification case depends heavily on:
- Strategic drafting of TM-26
- Properly legalized/apostilled evidence
- Compliance with timelines
- Professional legal guidance
👉 If you're considering initiating or defending a rectification case, consult with a qualified trademark attorney to ensure your rights are protected at every stage.
🌐 Legalization vs Apostille – What You Need to Know
Bangladesh now accepts both legalized and apostilled documents.
🔸 Legalization Process:
- Notarize the affidavit in your country.
- Attest it at the Bangladesh Embassy or High Commission.
- Submit it to the Ministry of Foreign Affairs in Bangladesh for final verification.
🔸 Apostille Process:
- Available if your country is part of the Hague Apostille Convention.
- No embassy involvement.
- One-page apostille certificate issued by your home government.
- Bangladesh joined the Apostille Convention on July 29, 2024, and began accepting apostilles on March 30, 2025.
✅ Using apostilles saves time, cost, and paperwork.
SUPREMEiP, Bangladesh
🏢 Role of the DPDT
The Department of Patents, Designs and Trademarks (DPDT) is the primary authority responsible for:
- Receiving cancellation or rectification petitions
- Holding hearings
- Issuing decisions
- Updating the official trademark register
Petitions must be filed using prescribed forms and include evidence and grounds for cancellation. DPDT may accept or reject the petition based on the hearing outcome and supporting materials.
📜 Legal Framework and International Agreements
The cancellation process is primarily guided by the following legislation:
- The Trademarks Act, 2009
- The Trademarks Rules, 2015
Bangladesh is also a signatory to several international conventions, including the Paris Convention, which protects industrial property rights and may influence cancellation outcomes, especially in cross-border disputes.
👨⚖️ Why You Should Consider Legal Assistance
Although the law allows any aggrieved party to file for cancellation, the process involves detailed legal arguments, formality, and evidence handling. Therefore, engaging a qualified trademark attorney in Bangladesh is highly recommended. A legal expert can:
- Evaluate the merits of your claim
- Gather and organize required documentation
- Represent you at the DPDT or in court
- Handle appeals, if necessary
Legal guidance reduces the risk of procedural errors and increases the chances of success.
📌 Conclusion
Cancelling a registered trademark in Bangladesh is not an automatic process. It requires a thorough understanding of the law, strong evidence, and strict adherence to procedural rules. Whether you're seeking to remove your own trademark or challenge someone else’s registration, consider:
- The grounds for cancellation (especially non-use)
- Whether rectification is a more appropriate remedy
- The procedures at the DPDT
- The necessity of legal counsel
Every cancellation case is different. By approaching the process strategically and with professional support, you can protect your business interests and enforce your intellectual property rights effectively.
❓ FAQs: How to Cancel or Invalidate a Trademark in Bangladesh
✅ General Questions
What does it mean to cancel a trademark in Bangladesh?
It means removing a registered trademark from the official DPDT register through a legal process.
What is trademark invalidation in Bangladesh?
Invalidation is when a registered mark is declared void due to fraud, bad faith, or legal conflicts.
What is trademark rectification in Bangladesh?
Rectification is correcting or removing wrong entries in the trademark register under Section 51 of the Trademarks Act, 2009.
Which authority handles trademark cancellation in Bangladesh?
The Department of Patents, Designs and Trademarks (DPDT) or the High Court Division of the Supreme Court.
Who can file a trademark cancellation petition in Bangladesh?
Any “aggrieved person” such as a competitor, rights holder, or interested party.
✅ Legal Grounds & Law
On what grounds can a trademark be cancelled in Bangladesh?
Non-use, fraud, lack of bona fide intention, infringement of earlier rights, or failure to comply with conditions.
What is Section 42 of the Trademarks Act, 2009?
It allows cancellation of a mark for non-use if unused for five years.
What is Section 51 of the Trademarks Act, 2009?
It allows rectification of the register to correct wrongful or fraudulent entries.
What is the difference between cancellation and rectification?
Cancellation removes a mark for non-use; rectification corrects or deletes wrongful entries.
Can a trademark be cancelled for fraudulent registration?
Yes, if false or misleading information was provided at the time of filing.
✅ Non-Use & Usage Issues
How long must a trademark be unused before cancellation?
Five continuous years from registration or last known use.
Can a trademark be cancelled if used in other countries but not in Bangladesh?
Yes, DPDT requires evidence of use within Bangladesh.
What counts as proof of trademark use in Bangladesh?
Invoices, advertisements, packaging, sales records, online presence, or trade licenses.
Can partial non-use lead to cancellation?
Yes, if the trademark is not used for some goods/services it covers, it may be limited.
What if a trademark owner uses the mark occasionally?
Intermittent or token use may not be enough to avoid cancellation.
✅ Process & Procedure
How do I file a trademark cancellation petition in Bangladesh?
By submitting Form TM-26 with grounds, evidence, and fees to the DPDT.
What happens after filing Form TM-26?
DPDT serves a copy to the trademark owner, who must respond with a counter-statement.
What is the deadline for filing a counter-statement?
Two months from receiving the notice. No extensions allowed.
What evidence is required for trademark cancellation?
Legalized affidavits, proof of prior rights, non-use evidence, invoices, and business records.
Is a hearing required in cancellation cases?
Yes, both parties present oral arguments and evidence before DPDT.
✅ Timelines & Outcomes
How long does trademark cancellation take in Bangladesh?
On average 2–4 years, depending on complexity.
What happens if DPDT cancels a trademark?
The trademark is removed or rectified in the official register.
Can the owner appeal against cancellation?
Yes, to the High Court Division within 2 months.
Can rectification be filed anytime?
Yes, under Section 51 it can be filed at any stage after registration.
Can DPDT cancel a trademark on its own?
Yes, DPDT can initiate suo moto rectification after notifying parties.
✅ International & Technical Issues
Does Bangladesh accept apostille documents for cancellation cases?
Yes, since March 30, 2025, Bangladesh accepts apostille certificates.
Do foreign applicants need a local agent to file cancellation?
Yes, foreign parties must appoint a Bangladeshi trademark attorney/agent.
Is legalization still accepted in Bangladesh?
Yes, both legalization and apostille are valid.
Does the Paris Convention affect cancellation in Bangladesh?
Yes, prior rights under international conventions may strengthen your case.
Why should I hire a trademark attorney for cancellation?
Because drafting TM-26, handling evidence, and hearings require legal expertise for higher success.
