The short answer
The Trademarks Act, 2009 (Act XIX of 2009) is the main trademark law of Bangladesh. It has 128 sections in 11 chapters, is deemed to have come into force on 1 July 2008, and repealed the Merchandise Marks Act, 1889 and the Trademarks Act, 1940. The Trademarks Registry Unit of the Department of Patents, Designs and Trademarks (DPDT) keeps the Register (the 2010 text said "Registry Wing"; the 2015 amendment changed it to "Unit"). The filing steps are in the Trademarks Rules, 2015.
The Act chapter by chapter
The Act is organised in the order in which a mark moves through its life: registration, rights, transfer, use, correction and enforcement. This table shows where to look.
| Chapter | Sections | Subject |
|---|---|---|
| I | 1–2 | Short title, commencement and definitions |
| II | 3–14 | Registrar and Registry, the Register, requirements and bars to registration, disclaimers |
| III | 15–23 | Application, advertisement, opposition, registration, duration, renewal and restoration |
| IV | 24–32 | Effect of registration, infringement, acts that are not infringement, validity |
| V | 33–40 | Assignment and transmission of trademarks |
| VI | 41–50 | Proposed use by a company, non-use, defensive marks, registered users |
| VII | 51–54 | Cancellation, rectification and correction of the Register |
| VIII | 55–65 | Certification trademarks (collective marks follow the general provisions under section 122) |
| IX | 66–70 | Special provisions for textile goods |
| X | 71–89 | Offences, penalties and procedure |
| XI | 90–128 | Procedure before the Registrar, courts and appeals, fees, priority, rules, repeals |
The sections used most often
| Section | What it provides |
|---|---|
| 3 | The Trademarks Registry Unit of DPDT (called the Registry Wing in the 2010 text) is the Trademarks Registry; the Registrar of Patents, Designs and Trademarks is the Registrar |
| 6 | A mark must contain at least one essential particular, such as an invented word or another distinctive mark |
| 8 | Marks that cannot be registered, including scandalous matter, matter likely to deceive and matter hurting religious susceptibilities |
| 10 | No registration of a mark identical or deceptively similar to an earlier mark, with rules on well-known marks and honest concurrent use |
| 15 | One application for each class of goods or services |
| 18 | Opposition within two months of advertisement |
| 20 | Registration takes effect from the filing date; certificate target of 150 working days if there is no defect, objection or opposition |
| 22 | Seven years for the first term, then renewal for ten years |
| 24–26 | No infringement action for an unregistered mark; rights given by registration; what counts as infringement |
| 42 | Removal for non-use after five years |
| 96–100 | Suits in the District Court, relief, rectification in the High Court Division and appeals |
| 120 | Convention priority within six months |
Time limits written into the Act
These periods come from the Act itself. The Rules add further steps and shorter deadlines for individual forms.
| Event | Period | Section |
|---|---|---|
| File opposition after advertisement | 2 months | 18(1) |
| Registrar serves the notice on the applicant | 1 month from receipt | 18(2) |
| Applicant files counter-statement | 2 months from receipt of the notice | 18(2) |
| All opposition steps to conclude | 330 working days from the notice (the 2010 text said 120; the 2015 amendment changed it to 330) | 18(8) |
| Certificate when there is no defect, objection or opposition | 150 working days from filing | 20(3) |
| Application may be treated as abandoned if not completed because of the applicant | 1 year from filing, after notice | 20(4) |
| Restoration after removal for non-payment | Within 1 year of expiry | 22(4) |
| Removal for non-use | 5 years continuous non-use | 42(1)(b) |
| Convention priority | 6 months | 120(1) |
| Assignment without goodwill: apply for advertisement directions | 6 months, extendable by up to 3 months | 38(1) |
How to read the Act with the Rules and the 2015 amendment
- The Act says what must happen. The Rules say on which form, with which fee and by which date. Read both together.
- The text used for this guide is the English version published in the Gazette in 2010. The Trademarks (Amendment) Act, 2015 (Act XXIII of 2015, dated 21 November 2015) changed section 3 (Registry Wing became Unit), section 10(5) and (6) (well-known marks), section 18(5), (6) and (8) (the Registrar's decision options, and the opposition period from 120 to 330 working days), sections 36 and 37 and section 120. Check the DPDT website for the current consolidated text.
- Some parts of the Act, such as the penalties in Chapter X, matter in court. Do not rely on a summary for a dispute.
If you plan to register a mark, start with how to register a trademark in Bangladesh.
Trademarks Act 2009 FAQ
What is the Trademarks Act 2009 of Bangladesh?
It is Act XIX of 2009, the main trademark law of Bangladesh. It covers registration, opposition, renewal, assignment, infringement, certification marks and criminal offences.
When did it come into force?
It is deemed to have come into force on 1 July 2008.
Which laws did it replace?
The Merchandise Marks Act, 1889 and the Trademarks Act, 1940.
Who keeps the Register?
The Trademarks Registry Wing of the Department of Patents, Designs and Trademarks (DPDT). The Registrar of Patents, Designs and Trademarks acts as the Registrar of Trademarks.
How long does a registration last?
Seven years from registration, then renewable for ten-year periods (section 22).
Is there a separate law for the filing steps?
Yes. The Trademarks Rules, 2015 set the forms, fees and deadlines under the Act.
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