The short answer
A foreign owner can claim priority in Bangladesh if it files within 6 months of its first application in a Paris Convention or WTO member country, and submits a certified copy of that first application (Section 120). Priority gives the earlier date but no compensation for the period before it (Section 120(3)). A party outside Bangladesh must give an address for service in Bangladesh on Form TM-10 (Rules 6, 8 and 13), and marks in another language need a Bengali or English transliteration and translation (Rule 12).
Claiming priority from a foreign filing
Priority lets a later Bangladesh application count as if it had been filed on the date of your first foreign application. Under Section 120 of the Trademarks Act, 2009, the first application must be in a country that is a member of the Paris Convention or the WTO, and the Bangladesh application must follow within 6 months.
| Point | What applies |
|---|---|
| Time limit | 6 months from the first application |
| Where the first filing is | A Paris Convention or WTO member country |
| Evidence | Certified copy of the first application, filed with the Bangladesh application (Rule 10(4)) |
| Effect | The foreign filing date is treated as the filing date for priority |
| Limit | No compensation for infringement before the priority date is recognised (Section 120(3)) |
Count the 6 months from the first filing date, not from registration. A missed day cannot be repaired. If you plan a Bangladesh filing, send us the first application details early. See our Rules 2015 deadlines and forms.
Reciprocity and nationals of other countries
Section 121 lets the Government restrict the rights of nationals of countries that do not give Bangladesh citizens equal treatment in trademark matters. For owners from Paris Convention and WTO countries, the priority rules above apply. If you are unsure whether your country qualifies, ask us before you file.
Filing from outside Bangladesh
- Use Form TM-1, one application for each class (Rule 10).
- An agent files Form TM-10 with TM-1. A party outside Bangladesh must give an address for service in Bangladesh on TM-10 (Rules 6, 8 and 13).
- Forms and documents may be in Bengali or English. Use A4 paper of at least 80 gsm with a 4 cm left margin (Rule 5).
- Letters or words in another language need a Bengali or English transliteration and translation, a note of the language, and a statement that the person certifying is proficient in it (Rule 12).
- The filing date is given only if the application has the applicant's name and address, the goods or services, the class, a clear copy of the mark, priority papers if claimed, the signature and the fee (Rule 13).
Why most foreign owners use a local firm
Trademark representatives in Bangladesh must be Bangladesh citizens and permanent residents with their principal place of business in Bangladesh (Rules 59 and 60). A local firm receives objection notices, tracks the Trademark Journal and answers within the Rules' deadlines. A file that misses a reply deadline is treated as abandoned. Read about the pending applications problem and our registration guide.
Priority and foreign applicant questions
How long is the priority period in Bangladesh?
Six months from your first application in a Paris Convention or WTO member country (Section 120).
What do I file to claim priority?
A certified copy of the first application, with the Bangladesh application (Rule 10(4)).
Can I file in Bangladesh without a local address?
No. A party outside Bangladesh must give an address for service in Bangladesh on Form TM-10 (Rules 6, 8, 13).
Can I file in English?
Yes. Forms and documents may be in Bengali or English (Rule 5).
Does priority give damages for earlier infringement?
No. Section 120(3) gives no compensation for the period before the priority date.
Do foreign-language marks need a translation?
Yes. A Bengali or English transliteration and translation is required (Rule 12).
Filing a trademark in Bangladesh from abroad?
SUPREMEiP® files directly at the DPDT in Dhaka, claims your priority and tracks every deadline. Send us your first application details.
