The short answer
The Trademarks Rules, 2015 turn the Trademarks Act, 2009 into forms and deadlines. They have 75 rules in 14 chapters and replaced the Trade Marks Rules, 1963. Applications go on Form TM-1, one per class; the Registry examines within 2 months; oppositions are due 2 months after Gazette publication; renewal is filed on TM-12 at least 3 months before expiry.
75
Rules
TM-1 to TM-34
Application forms
2 months
Examination
2 months
To oppose
Filing the application (rules 5 to 13)
| Point | What the Rules say |
|---|---|
| Form and fee | Form TM-1 with three copies and the fee; fees are paid by bank draft or pay order or as the Registrar directs (rules 4 and 10) |
| Classes | One application for each class of goods or services (rule 10(2)) |
| Language and paper | Bengali or English, A4, at least 80 gsm white paper, left margin of 4 cm (rule 5) |
| Foreign marks | 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) |
| Agent | An agent files Form TM-10 together with TM-1. A party outside Bangladesh must give an address for service in Bangladesh on TM-10 (rules 6, 8, 13) |
| Filing date and serial number | Given the same day on a first-come basis, but only if the application has the applicant name and address, the goods or services, the class, a clear copy of the mark, priority papers if claimed, and the signature and fee (rule 13) |
Examination and objections (rules 14 to 16)
1
Examination
Within 2 months of receipt
- The Registrar checks sections 6, 8, 9, 10, 11, 67(1) and 120 of the Act and searches earlier marks, and records the result on Form TMR-4.
2
Objection notice
Within 10 days of examination
- The Registrar sends any objection, condition or restriction on Form TMR-12.
3
Your reply
2 months, plus up to 2 months
- File a written reply or ask for a hearing on Form TM-23. An extension of up to 2 months is asked for on Form TM-19.
- If you do nothing, the application is treated as abandoned. It can be reinstated within 5 years on payment of the fee.
4
Hearing and decision
Hearing within 1 month of the request
- The decision is sent on Form TMR-19. Reasons can be requested on Form TM-15 within 1 month, and the Registrar gives them within 1 month of the request.
5
Acceptance fee
1 month to pay
- After acceptance, the Registrar sends Form TMR-5 for the advertisement fee. If the fee is not paid within 1 month, the application is treated as abandoned (rule 16).
Gazette publication and opposition (rules 17 to 23)
The Registrar must publish applications in the Trademark Gazette at least three times a year, in print and electronically (rule 17). The opposition timetable then runs as follows.
| Step | Form | Deadline |
|---|---|---|
| Notice of opposition | TM-5 | 2 months from Gazette publication |
| Registrar sends it to the applicant | TMR-7 | 1 month from receipt |
| Counter-statement | TM-6 | 2 months from receipt of the notice |
| Registrar sends it to the opponent | TMR-7 | 1 month from receipt |
| Opponent evidence (affidavit) | TM-18 | 2 months from receipt of the counter-statement; if none, the opposition is treated as abandoned |
| Applicant evidence | TM-18 | 2 months from receipt of the opponent evidence; if none, the application is treated as abandoned |
| Opponent counter-evidence | TM-18 | 1 month, limited to answering the applicant evidence |
| Hearing notice | TMR-13 | Hearing not later than 1 month from the notice |
| Ask to be heard | TM-7 | Within 14 days of the notice |
| Decision notified | TMR-19 | Within 1 month |
Registration, renewal and transfer (rules 30 to 43)
| Event | Form | Deadline or rule |
|---|---|---|
| Registration certificate | TMR-1 | Issued after acceptance and no successful opposition (rule 30) |
| Correct an error before the certificate | TM-11 | 30 days from the notice; then a defect notice (TMR-8) gives 21 days before rejection (rule 33) |
| Renewal | TM-12 | At least 3 months before expiry; the Registry sends reminder TMR-3 at least 2 months before expiry (rule 36) |
| Late renewal | TM-17 | Within 6 months after expiry, otherwise the mark can be removed |
| Restoration after removal | TM-13 | Within 1 year after that period (rule 37) |
| Ask the Registrar to certify a proposed assignment | TM-20 | Certificate on TMR-11 within 1 month (rule 38) |
| Record the new owner | TM-24 | Within 6 months of the certificate (rule 39) |
| Assignment without goodwill: ask for notice directions | TM-22 | Within 6 months of the assignment, plus up to 3 months; the notice goes in a national daily (rule 40) |
| Registered user | TM-28 | Joint application by owner and user (rule 44) |
Section 22 of the Act sets the registration term at seven years and each renewal at ten years.
Search, appeal and agents
- Registry search: Form TM-4 asks the Registry to search for identical or similar marks; the result is given on Form TMR-17 within 2 weeks (rule 67).
- Certified copies and inspection: Form TM-21; copies within 1 month (rules 34 and 68).
- Appeal: to the High Court Division within 2 months of receiving the order or decision (rule 50).
- Reconsideration: Form TM-34; a party who disagrees asks for a hearing on TM-23 within 2 weeks (rule 65).
- Trademark representatives: must be Bangladesh citizens and permanent residents with their principal place of business in Bangladesh, with a degree and at least 2 years of experience or training, and they renew by 31 December each year (rules 59 and 60).
What each form is for
| Form | Purpose |
|---|---|
| TM-1 | Application for registration (also defensive marks) |
| TM-2, TM-3 | Registration and annual renewal of a trademark representative |
| TM-4 | Request for a Registry search |
| TM-5 | Notice of opposition (also for objections to Register changes) |
| TM-6, TM-7 | Counter-statement; request to be heard |
| TM-8 | Certification or collective mark regulations |
| TM-10 | Agent authority and address for service |
| TM-11, TM-16, TM-33 | Corrections of errors and substitution of a party |
| TM-12, TM-17, TM-13 | Renewal; late renewal; restoration |
| TM-14 | Dissolve an association of marks |
| TM-15, TM-23 | Reasons for a decision; request for a hearing |
| TM-18, TM-19 | Evidence by affidavit; extension of time |
| TM-20, TM-22, TM-24 | Assignment: certificate, notice directions, recording |
| TM-21, TM-31 | Inspection and copies; information from the Register |
| TM-25, TM-28 | Registered user: change or cancel; register |
| TM-26, TM-27, TM-29 | Alteration or cancellation of Register entries |
| TM-30 | Certificate of validity |
| TM-32, TM-34 | Join a proceeding; reconsideration or objection to an extension |
Trademark Rules 2015 FAQ
What are the Trademarks Rules, 2015?
They are the rules under the Trademarks Act, 2009. They set the forms, fees and deadlines and replaced the Trade Marks Rules, 1963.
How long does examination take under the Rules?
The Registry is to examine within 2 months of receiving the application, then send any objection within 10 days.
How long do I have to answer an objection?
Two months from the notice, with a possible extension of up to 2 months on Form TM-19.
How long do I have to oppose?
Two months from publication in the Trademark Gazette, on Form TM-5.
When must I renew?
Apply on Form TM-12 at least 3 months before expiry. A late application is possible within 6 months after expiry.
Can I file in English?
Yes. Forms and documents may be in Bengali or English.
Need help meeting these deadlines?
SUPREMEiP® tracks the Trademark Gazette and every deadline for our clients in Bangladesh. Send us your application number.
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