Any trademark owner must have the right to trademark protection. It must be ensured in order for industrial progress to continue without hiccups and for profit to be made from its application. It claims to have exclusive rights.

In Bangladesh, trademark registration provides trademark owners with protection. Trade protection can be obtained by someone other than a registered proprietor as registered users, or by granting a license, or by assignment or transmission. In this case, trademark infringement and falsification rules are also vital in giving trademark protection to trademark owners.

A mark must be intrinsically unique or distinctive through usage in order to be registered as a trademark. Distinctive markings include arbitrary marks (apple for computer), whimsical marks (KODAK), and suggestive marks (FRIDGEDAIRE for refrigerators), among others. In fact, any indication capable of differentiating one company’s goods or services from those of other companies (including service marks) is eligible to be registered as a trademark. The essential standards for registering a trademark in Bangladesh are upheld in accordance with international treaties such as the Paris Convention and the TRIPS Agreement. Furthermore, the following mark or part of the mark is not eligible for trademark registration:

1. Which includes or includes any scandalous or indecent material;
2. The usage of which would be in violation of any currently enacted legislation;
3. Which is likely to deceive or cause misunderstanding if used; or
4. Which contains any matter that may jeopardize the religious sensibilities of any class of Bangladeshi citizen;
5. An armorial bearing, flag or other emblems, a name or abbreviation or initials of the name of, or official sign or hallmarked adopted by, any state or international organization created by an international convention, charter, or other instruments, or which contains as an element, an armorial bearing, flag or other emblems, a name or abbreviation or initials of the name of, or official sign or hallmarked adopted by, any state or international organization (the 2009 Act, section 8).

No trademark shall be registered in respect of any goods or services if it is identical to or confusingly similar to, or constitutes a translation or a mark trade description for identical or similar goods or services of another enterprise (for example, the TATA mark well-known in Bangladesh) (the Act, 2009, section 10(4)).

A thorough check is required to guarantee that the mark has not been registered previously. However, looking isn’t required. The search usually takes 2 (two) to 3 (three) days to complete.

A trademark application can be filed by a foreign entity through a representation in Bangladesh or an authorized lawyer. As a result, a power of attorney must be granted to a lawyer or representatives.

a) Documents and information that are required

An application must be submitted along with the following information and documents:

1. Prints or representations of the mark/logo/device specifics
2. Name, address, and nationality of the applicant
3. If the applicant is a company, the signatory’s name and position must be included.
4. Manufacturers/merchants/service providers are the status of the application.
5. Goods/services/classification specifications
6. User’s trademark date (whether the mark is in use or proposed to be used in Bangladesh)
7. A Power of Attorney is a document that authorizes a lawyer to act on your behalf if necessary.

b) Fee for filing a trademark application with the government:

The government charge for submitting an application for registration is 3500 taka (three thousand and five hundred dollars) (Forty Two). More information about the government registration charge can be found here.

c) Trademark Filing Jurisdiction

The application must be filed at the Trademark Registry’s head office or any branch with territorial jurisdiction over the principal place of business. In addition, if the person does not conduct business with Bangladesh, the application must be filed in the office with territorial authority over the address for service in Bangladesh.

The Registrar will issue an automatically produced receipt after receiving the application and government fee. The receipt contains information on the trademark filing, such as the Application Number, the application date, the trademark, and so on.

The trademark is examined by the Registrar for distinctiveness, matching, and likeness to other registered trademarks. If the Registrar is satisfied, a Letter of Acceptance for the mark to be published in the Trade Marks Journal will be issued.

After that, anyone who has a disagreement with the proposed trademark has two months from the date of publication to file a complaint. The purpose of journal publishing is to ask the public to file an opposition to trademark registration.

Any individual may file a dispute with the Registrar within 2 (two) months of the trademark’s publication in the trademark journal by submitting a notice of opposition on Form TM-5 to the Registrar. However, a government charge of $2,000 is required to pay for the notice of opposition (two thousand takas).

Following that, if there is no opposition to the trademark publication, the Registrar will notify you to pay the requisite amount once the 2 (two) month term has expired. After receiving the fee, the Registrar will provide a Certificate of Registration for the trademark. From the date of filing, a registered trademark is valid for (7) seven years.

In Bangladesh, a trademark can be renewed for an endless amount of time by paying the renewal fees. Failure to renew, on the other hand, may result in the removal of a registered trademark from the Register. The term of renewal might be up to ten years. Please keep in mind that a trademark renewal application should be submitted no later than six (6) months prior to the expiration of the previous renewal.

We provide trademark registration services as well as other connected services. However, if you require any legal assistance or clarification regarding the Bangladesh Trademark Registration Process, please contact us.