The short answer
Under section 22 of the Trademarks Act 2009 a registration lasts 7 years and each renewal runs for 10 years. If the renewal fee is not paid the Registrar may remove the mark from the Register. Within 1 year of the end of the last registration the Registrar may, if satisfied it is just, restore the mark and renew it for 10 years, with or without conditions. Section 23 says that for that same year the removed mark is still treated as being on the Register against other applicants, unless the Tribunal is satisfied of two things.
Section 22: 7 years first, 10 years for each renewal
Section 22(1) sets the first registration at seven years. Section 22(2) requires the Registrar, on a proper application made in the prescribed manner and time by the registered proprietor, to renew it for 10 years from the date the original registration or the last renewal expired.
Section 22(3) adds a duty on the Registrar. At the prescribed time before expiry the Registrar must send the proprietor a notice of the expiry date and the conditions for renewal. If those conditions are not met by the end of the prescribed time, the Registrar may remove the mark from the Register.
The notice is a courtesy and a statutory step. Do not rely on it. Diarise the renewal date yourself, and keep the address on the Register current.
Section 22(4): restoring a removed mark
Where a mark was removed for non-payment of the prescribed fee, the Registrar may restore it and renew it, but only if three things line up.
- The mark was removed for non-payment of the prescribed fee.
- The application is made in the prescribed form within 1 year from the expiry of the last registration.
- The Registrar is satisfied that it is just to restore.
The Registrar may restore generally or impose conditions or limitations. The new term is 10 years from the expiry of the last registration, not from the date of restoration.
Discretion
May, not must
Restoration is a power, not a right. Give reasons that show it is just, such as an address problem or an administrative error.
Conditions
Possible limits
The Registrar can narrow the goods or services or add conditions when restoring.
Section 23: the removed mark still blocks others for 1 year
Section 23 protects the old proprietor while the restoration window is open. For one year after the date of removal, the removed mark is deemed to be a mark already on the Register when someone else applies to register another mark.
The deeming does not apply if the Tribunal is satisfied of both of the following:
- there was no bona fide trade use of the removed mark during the 2 years immediately before its removal; and
- no deception or confusion would be likely to arise from the new mark by reason of any previous use of the removed mark.
Timeline at a glance
| Stage | What the Act says |
|---|---|
| Registration (s22(1)) | 7 years |
| Renewal (s22(2)) | 10 years from the expiry of the last registration |
| Notice (s22(3)) | Registrar sends notice before expiry, may remove if conditions are not met |
| Restoration (s22(4)) | Within 1 year of the expiry of the last registration |
| Shield (s23) | 1 year from removal, subject to two exceptions |
What owners and new applicants should do
Owner
Renew on time
Renewal is simpler and certain. Restoration needs the Registrar to be satisfied.
Owner
Act inside the year
Do not wait. The 1-year window is counted from the expiry of the last registration.
New applicant
Check removed marks
A mark removed in the last year may still be cited against you under section 23.
New applicant
Show non-use
If the old mark was unused for 2 years and there is no confusion risk, the Tribunal may disregard it.
Related guides below cover renewal in Bangladesh, the consequences of late fees and non-use cancellation.
Frequently asked questions
How long does a Bangladesh trademark registration last?
Seven years from registration, then 10 years for each renewal, under section 22 of the Trademarks Act 2009.
Can a trademark be restored after it is removed for non-renewal?
Yes. The Registrar may restore it within 1 year from the expiry of the last registration, if satisfied it is just, and renew it for 10 years.
Is restoration guaranteed?
No. Section 22(4) says the Registrar may restore. It is discretionary and may carry conditions or limitations.
Does a removed mark still stop others?
For 1 year after removal, yes, under section 23, unless the Tribunal finds no bona fide use in the previous 2 years and no likelihood of confusion.
Missed a renewal in Bangladesh?
Talk to the SUPREMEiP® team about restoration and renewal deadlines.
