The short answer
Bangladesh has extra rules for textile goods (Chapter IX of the Trademarks Act, 2009, sections 66 to 70, and rules 55 to 58). A line heading alone cannot be registered and gives no exclusive right (section 67). Marks made only of numerals, letters or fractions are limited by length and must differ from earlier marks of other owners (rule 57). Piece goods and cotton yarn must carry length or weight markings before they leave the factory (section 68). The Registry may also sample the goods (rule 58).
Rules for textile marks
- Textile marks follow the ordinary registration procedure, with the additions in rules 55 to 58 (rule 55).
- A mark made only of pronounceable words, or only of letters, numerals or both, is filed on Form TM-1; marks made only of letters or numerals are filed in separate applications (rule 56).
- For marks made of letters or numerals, goods are grouped in the classes in Part I of the Fifth Schedule: goods in the same group are goods of the same description, and goods in different groups are of different description (rule 56(3)).
- The Registrar will not register a mark that is similar, confusingly similar or deceptively similar to a mark registered, or applied for, in the same Fifth Schedule class (rule 56(4)).
- Section 67(1) says that, for piece goods, a mark made only of a line heading cannot be registered, a line heading is not treated as distinctive, and registration gives no exclusive right to a line heading.
Numerals, letters and fractions (rule 57)
Rule 57 sets limits on marks made of numbers, letters, fractions or combinations. The main points are:
- Some marks cannot be registered at all, for example combinations of letters or numerals longer than eight digits, and numbers or letters that indicate the measurement of the cloth (rule 57(1)).
- A numeral or letter mark must differ from a mark registered by another person for the same or similar goods by a set number of digits or letters. The number depends on the length of the mark: one for up to four digits, two for five-digit numbers, three for six-digit numbers, and similar scales for letters, letter and digit mixes, and fractions (rule 57(2)).
- The Registrar will not refuse a mark that has been in continuous use with small changes to its original form on the grounds of these limits if the changes do not impair its identity (rule 57(4)).
The English translation of rule 57 is unclear in places. It uses the word "duplicate" where the rule appears to refer to the number of digits or letters that must differ, and some paragraphs of rule 57(1) are hard to read. Check the Bangla text before you rely on a numeral mark, or ask us.
Marking length and weight (sections 68 to 70)
| Goods | Requirement before removal from the premises |
|---|---|
| Piece goods made, bleached, dyed, printed or finished in a factory (Bangladesh Labour Act, 2006) | Stamp the length of each piece in standard metres, in Bengali and English numerals; and, except for export sales from the factory, mark the name of the manufacturer, the occupier of the premises or the wholesale buyer in Bangladesh (section 68(1)) |
| Cotton yarn in bundles; sewing, darning, crochet and handicraft thread | Mark the weight in the metric system, the count of the yarn and the length or weight of thread, and, except for export, the name of the manufacturer or wholesale buyer (section 68(2); rules under section 70) |
| Premises run by a family with up to 10 other workers, or by a co-operative society with up to 20 workers | Exempt from the yarn and thread rules made under section 70 (proviso to section 68(2)) |
The Government declares which goods count as piece goods (section 69). Unmarked goods can be forfeited and the person fined up to Taka 5,000 (section 75). Samples selected and tested under rules under section 70 are prima facie evidence of the number, quantity, measure, gauge or weight of the goods, and their average is conclusive after any further testing (section 70).
Sampling by the Registry (rule 58)
- The Registrar may ask the applicant to bring a reasonable quantity of the textile goods to check the claimed number, quantity, size, gauge or weight.
- The Registrar collects samples from three items of each class, seals them in three envelopes or containers and marks them.
- One set goes to the competent government authority for testing; the result is recorded.
If you plan a textile or garment brand, file the mark for the right classes and check numerals or letters against the Register first. See what can be registered and the Rules 2015 deadlines.
Textile goods trademark FAQ
Can I register a number or letters as a textile trademark?
Yes, within the limits of rule 57: length limits, differences from earlier marks, and no marks that indicate cloth measurement.
Can I register a line heading?
No. Section 67(1) says a line heading alone cannot be registered for piece goods and gives no exclusive right.
Do I need to mark length on cloth?
Piece goods finished in a factory must be stamped with the length in standard metres, in Bengali and English numerals (section 68(1)).
Are exports exempt?
The manufacturer or buyer name marking does not apply to goods sold from the factory for export (section 68).
Does the Registry test the goods?
It may take samples from three items of each class and send them for testing (rule 58).
Building a textile or garment brand?
SUPREMEiP® files marks for textile classes in Bangladesh and abroad. Send us your mark and goods.
