The short answer
Under section 22 of the Trademarks Act 2009, a registration lasts seven years and is then renewed for ten years at a time. If a mark is removed for non-payment of the renewal fee, the Registrar may restore it within one year. Section 23 keeps the removed mark as a bar to later applications for one year.
How long does a registration last?
Section 22(1) sets the first registration at seven years. Section 22(2) says the Registrar, on application by the registered proprietor in the prescribed manner and within the prescribed period, renews it for ten years from the date the original registration or the last renewal expires.
The time limits and fees for filing are set by the Trademark Rules 2015, not by the Act. See our guide to Trademark Rules 2015 deadlines and forms, and check the current fee schedule with the Registry before filing.
Does the Registrar warn you before expiry?
Section 22(3) requires the Registrar to send notice to the registered proprietor, in the prescribed manner, before expiry. The notice states the expiry date and the conditions for renewal, including fees. If the conditions are not met in the prescribed time, the Registrar may remove the mark from the Register.
Do not rely on the notice. Keep your own renewal calendar and make sure the address on the Register is current.
Restoring a mark removed for non-payment
Section 22(4) applies where a mark was removed for non-payment of the prescribed fee. Within one year from the expiry of the last registration, the Registrar may, on an application in the prescribed form and if satisfied that it is just, restore the mark and renew it for ten years from that expiry.
- Restoration is at the Registrar's discretion ("may"), not automatic.
- The Registrar may restore generally or subject to conditions or limitations.
- The one-year period runs from expiry of the last registration, not from the removal date.
What section 23 does to later applications
For one year after removal for non-payment, the removed mark is treated as a mark already on the Register when someone else applies for another trademark. So a third party cannot simply take the lapsed mark the next day.
The Tribunal can lift this effect only if it is satisfied of both: (a) there was no bona fide trade use of the removed mark in the two years before removal; and (b) no deception or confusion is likely from the new mark by reason of any previous use of the removed mark.
Practical steps
| Step | Why |
|---|---|
| Diarise expiry at registration | Term is 7 years first, then 10 |
| File renewal inside the prescribed period | Avoids removal under s22(3) |
| If removed, apply to restore at once | Window closes one year after expiry |
| Keep evidence of use | Relevant to s23(a) and to non-use actions |
Related: registration as evidence of validity after seven years and the Trademarks Act 2009 guide.
Frequently asked questions
How long is a Bangladesh trademark valid?
Seven years from registration, then renewable for ten years at a time (section 22).
Can I restore a mark after it was removed?
Yes, the Registrar may restore it within one year from expiry of the last registration if satisfied it is just (section 22(4)).
Can someone else register my lapsed mark?
For one year after removal it is treated as on the Register for later applications, subject to the Tribunal exception in section 23.
Need a renewal or restoration filed?
SUPREMEiP® Law Firm in Dhaka handles trademark renewals and restorations at the DPDT.
