The short answer
In Bangladesh an unwanted or wrong trademark entry can be challenged by rectification (Section 51: before the Registrar or the High Court Division), and a decision of the Registrar can be taken on appeal to the High Court Division within 2 months of receiving the order (Rule 50, Section 100). Before appealing, a party can ask for the reasons on Form TM-15 within 1 month (Rule 15) or ask for reconsideration on Form TM-34 (Rule 65). Seven years after registration, a mark can be attacked only on limited grounds such as fraud, bad faith, breach of Section 8 or lack of distinctiveness (Section 29).
Rectification and cancellation (Sections 51 to 53)
Section 51 allows an application to rectify or cancel an entry in the Register. It can be made to the Registrar or to the High Court Division. Where the parties dispute the validity of a registration, rectification goes to the High Court Division (Section 98).
| Section | What it covers |
|---|---|
| 51 | Rectification and cancellation of a registration, by the Registrar or the High Court Division |
| 52 | Correction of the owner's name or address, removal of goods from a class and similar changes |
| 53 | Small changes to a mark that do not alter its identity |
Non-use is a separate route. A mark can be removed after 5 years of continuous non-use (Section 42). Read our guide to non-use cancellation and the invalidation procedures.
What registration proves, and the 7-year point
- Registration is prima facie evidence of validity (Section 28).
- Registration takes effect from the date of application (Section 20(1)).
- After 7 years from registration the entry is treated as almost final. It can still be challenged for fraud, bad faith, breach of Section 8 or lack of distinctiveness (Section 29).
- An unregistered mark cannot found an infringement action (Section 24(1)), but a passing off action remains possible (Section 24(2)).
Reasons, reconsideration and appeal
Ask for the reasons
- A party can ask for the Registrar's reasons on Form TM-15 within 1 month. The Registrar gives them within 1 month of the request (Rule 15).
Ask for reconsideration (optional)
- Form TM-34 asks for reconsideration. A party who disagrees asks to be heard on Form TM-23 within 2 weeks (Rule 65).
Appeal to the High Court Division
- File within 2 months of receiving the order or decision, with a copy of it (Rule 50). All appeals under the Act go to the High Court Division (Section 100).
The two-month appeal period starts when you receive the order, so keep proof of the date of receipt. Missing it can end your case. Ask us to track it.
Infringement cases and remedies
Infringement cases are filed in the District Court (Section 96). The court can grant an injunction and either damages or an account of profits, and can order delivery up of infringing goods (Section 97). No damages are awarded against a defendant who did not know and stopped when told. See the infringement guide and the remedies guide.
Rectification and appeal questions
How long do I have to appeal a Registrar's decision in Bangladesh?
Two months from receiving the order or decision, to the High Court Division (Rule 50, Section 100).
Can I ask for the Registrar's reasons?
Yes. File Form TM-15 within 1 month. The Registrar gives reasons within 1 month of the request (Rule 15).
What is rectification?
An application to correct or cancel an entry in the Trademark Register (Section 51).
Where is rectification heard?
Before the Registrar, or the High Court Division when the parties dispute validity (Sections 51 and 98).
Can a registration older than 7 years be challenged?
Only on limited grounds: fraud, bad faith, breach of Section 8 or lack of distinctiveness (Section 29).
Which court hears infringement cases?
The District Court (Section 96).
Need to challenge or defend a trademark entry?
SUPREMEiP® prepares rectification applications, hearing requests and appeals in Bangladesh. Send us the order or the application number.
