Trademark recordal is the official process of updating the Department of Patents, Designs and Trademarks (DPDT) register to reflect a change in the trademark owner's name or registered address — without any transfer of ownership. It is governed by Section 19 & 52 of the Trademarks Act, 2009 and Rule 32, 47, 69 of the Trademark Rules, 2015, with Form TM-16 or TM-33 being the prescribed application form. The same legal entity continues to own the mark — only the identifying details recorded against the mark are corrected.

You must file a recordal application as soon as the name or address change takes effect in your jurisdiction. Common triggering events include: company rebranding or legal name change, relocation of registered office or business address, corporate restructuring, merger (where the same entity survives under a new name), or an individual owner's legal name change. There is no statutory grace period under the Trademarks Act, 2009 — delay creates practical risks including missed DPDT notices, renewal complications, and weakened enforcement standing.

Recordal (Form TM-16 or TM-33 under Rule 32, 47, 69) is used when the same owner changes their name or address — no change of ownership occurs. Assignment (Form TM-16 or TM-20 & TM-24 under Section 40) is required when ownership of the trademark is transferred to a different legal entity — even a wholly owned subsidiary or group company. Filing the wrong form will result in rejection and delay. If your situation involves both a name change and a change of the legal entity that owns the mark, assignment is the correct procedure.

The required documents are: (1) Form TM-16 or TM-33 — the prescribed DPDT application form, completed and filed per trademark; (2) Power of Attorney — a simple scanned signed copy, no notarization or legalization required; (3) Affidavit of Change — confirming the name or address change, Apostilled (Hague countries) or Embassy-Legalized (non-Hague countries); and (4) Supporting documentary evidence — such as the certificate of name change, updated commercial register extract, or updated business license, also Apostilled or legalized as applicable. Non-English documents require a certified English translation.

Yes, a Power of Attorney (POA) is required to authorize the local Bangladesh trademark agent or attorney to file and manage the recordal application at DPDT. However, for recordal purposes, only a simple scanned copy of the signed POA is needed. Notarization, legalization, Apostille, or submission of the original document is not required for the POA in trademark recordal proceedings — this is a significant simplification compared to other trademark procedures. The POA must be signed by an authorized signatory of the trademark owner whose identity matches the corporate records.

Yes — the Affidavit of Change requires authentication for foreign applicants: Apostille if the trademark owner is based in a Hague Apostille Convention member country, or Embassy Legalization (notary → Ministry of Foreign Affairs → Bangladesh Embassy) if the owner is in a non-Hague country. For local Bangladesh applicants, notarization before a licensed Notary Public in Bangladesh is sufficient. Always verify your country's Hague Convention membership status before preparing documents, as this determines the correct authentication method.

The estimated processing time for trademark recordal at the DPDT in Bangladesh is 3 to 6 months from the date of filing. This timeline depends on the DPDT's current workload and processing backlog, which fluctuates. If the DPDT raises any query or requires additional documentation during examination, the timeline may extend further. There is no expedited processing option currently available for recordal applications at the DPDT.

Yes. Each trademark registration number or pending application number requires its own separate Form TM-16 or TM-33 filing and its own prescribed government fee payment. There is no batch or portfolio recordal mechanism at the DPDT. However, in practice, one set of supporting documents (affidavit and corporate documentary evidence) may be used across multiple TM-16 or TM-33 filings submitted at the same time — though each application form must be individually completed and each registration clearly identified.

The prescribed form for trademark name and address change recordal at the DPDT is Form TM-16 or TM-33, which is the application for alteration of the trademark register. This form is filed under Rule 32, 47, 69 of the Trademark Rules, 2015. The form must be fully completed with the current registered details, the new corrected details, the relevant trademark registration number(s), and be signed by the authorized agent. It is submitted along with the prescribed government fee at the DPDT office in Dhaka.

For name and address change recordals, the DPDT typically issues an official recordal notification confirming that the register has been updated — rather than reissuing the trademark registration certificate. The register entry itself is the authoritative record of trademark ownership. You should retain the DPDT recordal notification as evidence of the updated details. If you require a new certificate reflecting the updated name or address, you can request this separately from the DPDT — additional fees may apply.

Failure to update trademark register details creates several serious risks: (1) Renewal complications — renewal applications filed under a name different from the register entry may be queried or rejected; (2) Missed DPDT notices — important communications sent to the outdated address may not reach you, potentially causing missed deadlines and mark abandonment; (3) Weakened enforcement — discrepancies between your current corporate identity and the register entry can be exploited by infringers to challenge your trademark rights; (4) IP due diligence red flags — investors and business partners may question the validity of your trademark portfolio during commercial transactions.

Under the Trademarks Act, 2009 and Trademark Rules, 2015, foreign trademark owners are required to be represented by a registered trademark agent or attorney in Bangladesh for all DPDT proceedings, including recordal applications. Foreign applicants cannot file directly at the DPDT without a local authorized agent. The agent must hold a valid Power of Attorney authorizing them to act on behalf of the trademark owner. Engaging an experienced Bangladesh trademark agent ensures correct document preparation, timely filing, and proper follow-up with the DPDT.

Recordal applies to both pending trademark applications and registered trademarks. If your company's name or address changes while a trademark application is still being processed at DPDT, you should file a recordal application to update the pending application details as well. This ensures that examination reports, office actions, and correspondence related to the pending application are correctly addressed and that the application proceeds in the correct name. Separate TM-16 or TM-33 forms are required for each pending application, just as for registered marks.

Bangladesh is not currently a member of the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. However, this does not prevent the DPDT from accepting Apostilled documents — in practice, the DPDT accepts Apostille authentication from Hague Convention member countries as sufficient. What matters is the origin country's Hague membership: if the foreign trademark owner is in a Hague member country, they Apostille their documents; if they are in a non-member country, they must legalize through the Bangladesh Embassy chain.

Documents accepted as proof of a company name change include: (1) Certificate of Name Change issued by the company registrar or corporate authority; (2) Updated Commercial Register Extract (e.g., from Companies House, Handelsregister, RJSC, etc.) showing the new name; (3) Updated Certificate of Incorporation reflecting the name change; or (4) an Official Gazette notification of the name change where applicable. All documents must be official, certified, and properly authenticated (Apostilled or Legalized). If the documents are in a language other than English, a certified English translation must be provided alongside the originals.

In cases where a company re-incorporates under a different jurisdiction while maintaining the same underlying business identity and ownership, a recordal application may be filed to update the register details — provided that the Registrar is satisfied that no change of ownership has effectively occurred. However, such cross-jurisdiction re-incorporation scenarios can be complex, and the DPDT may request additional documentation to verify that the change is administrative rather than a transfer of ownership. Legal advice should be sought before filing in these circumstances, as the DPDT may in some cases require an assignment procedure instead.

Yes, a prescribed government fee must be paid to the DPDT for each TM-16 or TM-33 application (per trademark registration or application number). The fee schedule is set by the DPDT and is subject to revision. As fees may change over time, it is advisable to confirm the current prescribed fee with your Bangladesh trademark agent before filing. In addition to the government fee, professional agent fees will apply. For the most accurate current fee information, contact SUPREMEiP at info@supremeip.com.

If the DPDT Examiner is not satisfied with the documents provided or requires additional clarification, they may issue an office communication or query requesting further information. This must be responded to within the time specified in the DPDT communication — failure to respond may result in the recordal application being treated as abandoned. Common causes of DPDT queries include: missing or inadequate supporting documents, discrepancies between the affidavit and corporate documents, questions about the nature of the change (administrative vs. ownership transfer), or translation issues. Your Bangladesh trademark agent handles all DPDT correspondence on your behalf.

In practice, a single Affidavit of Change may cover multiple trademark registration numbers belonging to the same owner — provided the affidavit clearly identifies all relevant registrations and the nature of the change is identical across all marks. However, a separate Form TM-16 or TM-33 must be completed and a separate government fee paid for each registration number, even if the same supporting documents are used across multiple applications submitted simultaneously. Discuss this approach with your Bangladesh trademark agent to confirm the DPDT's current practice on bundled submissions.

A pending renewal or opposition proceeding is not automatically suspended while a recordal application is pending at DPDT. Both proceedings run concurrently. However, if the register details do not match the name under which you are filing a renewal or conducting an opposition, the DPDT may query the discrepancy. This underscores the importance of filing the recordal application promptly — ideally before initiating or responding to any renewal, opposition, or other DPDT proceedings — so that the register reflects current information by the time those proceedings are concluded.

Yes. An address-only change also requires a formal recordal application at the DPDT using Form TM-16 or TM-33. The procedure and document requirements are the same as for a name change. This is particularly important because the DPDT sends all formal notices, renewal reminders, and examination reports to the address on the register — if your address is outdated, you risk missing critical communications that could lead to trademark abandonment or adverse decisions being made without your knowledge.

China acceded to the Hague Apostille Convention, which entered into force for China on 7 November 2023. For Chinese trademark owners, Apostille authentication for documents used in trademark recordal at the DPDT is issued by the Ministry of Foreign Affairs of the People's Republic of China (or its authorized local offices). This means Chinese companies no longer need to go through embassy legalization chains for documents intended for use in Hague member countries, but must correctly route their Apostille through the designated Chinese authority. Always confirm the current procedure with your agent, as practices can evolve.

No. A recordal of name or address change has no effect whatsoever on the trademark's original filing date, priority date, registration date, or renewal date. These dates remain fixed as of when the original application was filed and the mark was registered. Recordal is purely an administrative update to the identifying details of the owner — it does not reset, extend, or otherwise affect the substantive legal status, priority, or validity period of the trademark registration.

Yes. Under Section 19 & 52 of the Trademarks Act, 2009, the Registrar has discretion to refuse a recordal application if not satisfied that the change is genuine, properly documented, or correctly categorized as a name/address change rather than a transfer of ownership. Refusal may also occur if documents are inadequate, unauthenticated, or untranslated. In case of refusal, the applicant can respond to the DPDT's grounds for refusal with additional evidence or clarification. If the Registrar's decision remains adverse, an appeal may be made to the High Court Division of the Supreme Court of Bangladesh under Section 135 of the Trademarks Act, 2009.

The Department of Patents, Designs and Trademarks (DPDT), headed by the Registrar of Trademarks, is the sole authority in Bangladesh with jurisdiction over the trademark register and all alterations to it. Under Section 19 & 52 of the Trademarks Act, 2009, the Registrar is empowered to alter the register on application by the registered proprietor to correct or update the proprietor's name or address, provided the Registrar is satisfied with the supporting evidence. The Registrar's decisions are subject to appeal before the High Court Division of the Supreme Court of Bangladesh under Section 135 of the Act.

No. Trademark recordal of name/address change under Section 19 & 52 / Rule 32, 47, 69 concerns only the registered proprietor's details — not the details of any registered user (licensee) recorded against the mark. If a registered user's details have changed (e.g., the licensee has changed their name or address), a separate application must be filed to update the registered user entry under the relevant provisions of the Trademarks Act, 2009. Similarly, adding, varying, or removing a registered user from the register requires a separate procedure under Sections 48–19 & 52 of the Act, not Form TM-16 or TM-33.

Corporate restructuring and mergers can be complex from a trademark perspective. The key question is always: has the legal entity that owns the trademark changed? If a company merely renames itself following an internal restructuring (same legal entity, new name), recordal via TM-16 or TM-33 is the correct procedure. If, however, the restructuring results in the trademark being vested in a different legal entity — such as when a parent absorbs a subsidiary, or two companies merge to form a new legal entity — then an assignment under Section 40 (Form TM-16 or TM-20 & TM-24) will be required, supported by the merger documentation. Seek specialist IP legal advice for any restructuring scenario to determine the correct DPDT filing.

An incomplete or incorrectly filed recordal application may result in: (1) DPDT query or office action requiring additional documentation, extending the processing timeline; (2) Rejection of the application in its entirety if the deficiency is not cured — requiring re-filing and additional fees; (3) Delays in updating the register, during which the trademark remains recorded in the old details; or (4) Incorrect categorization — e.g., attempting to use recordal for what is actually an assignment — which will be rejected and may prompt an investigation into the nature of the change. Using an experienced Bangladesh trademark agent minimizes these risks significantly.

No. Trademark recordal filed with the DPDT in Bangladesh applies only to the trademark registration(s) on the Bangladesh register — it has no automatic effect on trademark registrations in other countries. If the same name or address change affects trademark registrations in multiple countries, recordal applications must be filed separately with each national trademark office (or the relevant regional office, such as EUIPO). If your company owns an international trademark portfolio, a coordinated recordal exercise across all relevant jurisdictions should be undertaken promptly following the corporate change.

SUPREMEiP is a specialist intellectual property law firm based in Dhaka, Bangladesh, with extensive experience in DPDT trademark recordal proceedings. Our full-service recordal assistance includes: (1) initial consultation to determine the correct procedure (recordal vs. assignment); (2) document checklist preparation specific to your jurisdiction; (3) drafting the Affidavit of Change and Power of Attorney; (4) advising on Apostille or legalization requirements for your country; (5) completing and filing Form TM-16 or TM-33 at DPDT; (6) paying the prescribed government fee on your behalf; (7) tracking the application and handling all DPDT correspondence; and (8) notifying you upon completion with the official DPDT recordal notification. Contact us at info@supremeip.com or +8801613336333.