A trademark is a vital business asset, but registration is not forever. In Bangladesh, trademarks must be renewed to maintain protection. The Trademark Act, 2009 (Sections 22 & 23) sets out the rules for trademark renewal in Bangladesh, including duration, renewal procedure, fees, removal, and restoration.
This article explains everything you need to know about renewal, its importance, and what happens if you miss the deadline.
SUPREMEiP, Bangladesh
Trademark Registration and Validity in Bangladesh
- The initial term of trademark registration in Bangladesh is 7 years (Section 22(1)).
- After that, the trademark can be renewed for successive periods of 10 years each, by filing a renewal application within the prescribed timeline (Section 22(2)).
- Renewal ensures continuous protection of brand rights and prevents others from misusing or registering similar marks.
Trademark Renewal Procedure in Bangladesh
According to Section 22 of the Act:
- Notice of Renewal – Before expiry, the Registrar sends a notice to the registered proprietor mentioning:
- Expiry date of registration
- Renewal fee requirements
- Conditions for renewal
- Application for Renewal – The trademark owner must apply in the prescribed form and pay the renewal fee within the deadline.
- Renewal Period – Once renewed, the mark is protected for 10 years from the expiry date of the previous registration.
- Non-Renewal Consequences – If renewal is not completed, the Registrar may remove the trademark from the register.
Restoration of Removed Trademarks
Section 22(4) provides relief if a trademark is removed due to non-payment of renewal fees:
- The proprietor may apply for restoration within 1 year from the date of removal.
- The Registrar may restore the trademark if convinced that it is just and fair to do so.
- Once restored, the trademark is considered renewed for 10 years from the original expiry date.
Effect of Non-Renewal on New Applications
Section 23 introduces an important safeguard:
- Even if a trademark is removed for non-renewal, for 1 year from the date of removal it will still be treated as if it remains registered when examining new applications.
- This prevents others from immediately registering a confusingly similar trademark right after removal.
- However, the Tribunal may allow new registrations if:
- The trademark was not commercially used in the 2 years prior to removal, and
- There is no likelihood of deception or confusion arising from new applications.
Why Trademark Renewal in Bangladesh Matters
- Continuous Protection – Prevents loss of exclusive rights.
- Brand Value Preservation – Maintains recognition, goodwill, and trust.
- Legal Security – Ensures you can take enforcement action against infringers.
- Avoid Costly Restoration – Renewal is cheaper and easier than restoration after removal.
Summary Table – Trademark Renewal in Bangladesh
| Provision | Rule |
|---|---|
| Initial Term | 7 years (Section 22(1)) |
| Renewal Period | 10 years each (Section 22(2)) |
| Renewal Notice | Registrar sends notice before expiry (Section 22(3)) |
| Non-Payment | Trademark removed from register (Section 22(3)) |
| Restoration | Possible within 1 year of removal (Section 22(4)) |
| Effect of Removal | Removed mark still blocks new filings for 1 year (Section 23) |
FAQs on Trademark Renewal in Bangladesh
Q1. What is the validity of a registered trademark in Bangladesh?
👉 The initial term is 7 years, renewable for 10 years at a time.
Q2. What happens if I don’t renew my trademark on time?
👉 The Registrar may remove your trademark from the register.
Q3. Can I restore my trademark after removal?
👉 Yes, within 1 year of removal, by applying for restoration and paying the required fees.
Q4. Does a removed trademark still block others from registering similar marks?
👉 Yes, for 1 year after removal, unless the Tribunal decides otherwise.
