Think about the “Swoosh” logo, and the slogan “Just Do It”. You can instantly know the sports shoes and clothes are made by the famous brand Nike. Because Nike has trademarked its name, logo and slogan so that no one can use these.

A trademark helps people know which company made the products or provides the services. A trademark protects intellectual property by granting exclusive rights to its owner and distinguishes goods or services of one entity from others. Trademarks can include names, logos, slogans, shapes, and even sounds, subject that they are distinctive and capable of being represented graphically.

Trademark registration protects your brand, establishes credibility, and provides new avenues to success. Additionally, businesses may consider copyright registration to safeguard creative works and patent registration to protect unique inventions.

Trademark in Bangladesh

In Bangladesh, trademarks are governed by the Trademarks Act, 2009, Act No. XIX of 2009, replacing the Trademarks Act 1940 and the Trademark Rules, 2015. Additionally, Bangladesh Penal Code (for counterfeit goods), the Code of Civil Procedure, and World Intellectual Property Organization (WIPO) guidelines for international registrations will also be applicable during application of the laws. 

According to section 2(8) of Trademarks Act, 2009 : Trademarks are symbols or marks used for goods or services to indicate the rightful proprietor’s or registered user’s connection during trade, including certification trademarks that attest to quality or standards.

The term “mark” has been defined by section 2(23) of Trademarks Act, 2009: a device, brand, heading, label, ticket, name, signature, word, letter, symbol, numeral, figurative elements, combination of colours or any combination thereof.

The term “mark” is defined in Section 2(23) of the Trademarks Act, 2009, as including a device, brand, heading, label, ticket, name, signature, word, letter, symbol, numeral, figurative elements, combination of colors, or any combination thereof.

The Department of Patents, Designs, and Trademarks (DPDT) is responsible for administering trademark registration and ensuring safeguard of the rights of trademark holders.

Why is Trademark Important?

Trademark registration protects your brand, establishes credibility and provides new avenues to success:

Advantages of registering your Trademark.

1. Legal aid: Enables you to act against someone who tries to use your brand without your approval.
2. Protection of your brand: It shield your brand against the unauthorized use by others. Prevents others from mimicking or abusing your image.
3. Business Identity: Assists in carving a unique identity in a saturated marketplace.
4. Exclusive Rights: Grants the right to exclude others from using their invention.
5. Business Booster: Registration of trademark adds to brand value thereby attracting investors.
6. Consumer Trust: It makes sure customers recognize and trust your brand. Customers have a higher level of recognition and trust in registered brands.
7. Adding Value: It makes your business more attractive to potential investors or buyers.
8. Key Business Growth: Licensing monetization opportunities Assists you in expanding by licensing, franchising, or selling your brand.
9. Long-Term Safety: Trademarks are perpetual if they are renewed on time.
10. International Recognition: Makes it easier to trademark your brand in other countries.

Disadvantages of unregistered Trademark 

1. No Exclusive Rights: Other people are free to use or copy your brand.
2. Registration opportunity: Worst case scenario, someone can sign it before you do and prevent you from using it.
3. Weak Legal Protection: So hard to prove ownership in disputes.
4. Competitors or counterfeiters could duplicate your brand.
5. Less Credibility: Registered brands tend to be more trusted among customers and investors
6. Business Loss: You may not sell or license your brand.
7. Expensive Rebranding: You can be forced to rebrand if someone else registers the same name.
8. International Vulnerability: Your brand’s unregistered, so no protection worldwide.

Bottom Line: Skipping a trademark can save you money in the short run, but comes at the cost of keeping your brand vulnerable and at risk. You can’t have a secure, credible, and growth-oriented business without being registered.

Step-by-Step Guide for Trademark Registration in Bangladesh

Step 1: Conducting a Trademark Registration Search in Bangladesh

Prior to the application for registration of trademarks, you should check if the trademark is already in use or registered by anyone. This will reduce disputes and rejections in the application process. 

To perform the search, you will have to file an application utilizing FORM TM-4  coupled with the applicable fees. Presently, the new Government charge is BDT 2000.00 excluding 15% Value Added Tax. Typically this investigation takes 2 to 14 days.

Note: There are prescribed forms for obtaining various services. These forms can be accessed from this link.  

Step 2: Filling an Online Trademark Registration Application

If you own the trademark(s), you can file the applications either by yourself, or through representatives, or legal counsels. Foreign applicants or those submitting applications via representatives must provide a Power of Attorney in favor of a lawyer or representative. 

If you want to appoint a trademark representative or your legal counsel lawyer, you need to apply by submitting FORM TM-10 together with the requisite fees. Currently the  Government Charge of BDT 1000.00 (Value Added Tax: 15% is applicable).

Necessary Documentation/Information:

The application can be filed online. The Department of Patents, Designs and Trademarks  (DPDT) started their eservice, (DPDT eservice link) in which an applicant needs to prepare different information such as the details of the trademark, the applicant’s details and details of goods or services.

When you submit an application online via the specified Trademark Registry office, Government Charge- BDT 5000 (15% Value Added Tax is applicable) will be applicable accordingly.

As a confirmation of an application for Trademark registration in Bangladesh, applicants will obtain an automatically created receipt that includes vital filing information. 

Step 3: Review of Trademark Registration Application in Bangladesh

The Registrar assesses the trademark for originality to examine whether the mark submitted is in conformity with the law or with any trademark previously applied or registered.  If the application is defective, the registrar will inform the applicant

Applicants can apply in person or through a lawyer. If the hearing is satisfactory or if no deviation is observed,  the mark of the applicant will be approved for publication in the trademark journal.

Upon satisfaction, a Letter of Acceptance is provided, and the mark is published in the Trade Marks Journal . The duration of this process is approximately 3 to 6 months.

Stage 4: Journal Publication

The proposed trademark is published in the Trademarks Journal, soliciting public opposition within a designated time frame. Applicants will get one month’s notice for submitting FORM  TM-9 for publishing in the Trademarks Journal along with Government Charge BDT 3000.00 with 15% Value Added Tax. 

Sometimes, someone with sufficient grounds may initiate a dispute by submitting a Notice of Opposition. The opposition petition or counter-petition must be filed within two months of publication in the journal. The aggrieved person can have the necessary hearing against the mark applied for or for any objection. 

The procedure will involve counter-statements, appeals, etc. If the result of the case is against the registration applicant, the registration application will be rejected. 

The governmental fee for the process of opposition is BDT 5000 exclusive of 15% Value Added Tax; and for counterstatement and appeals – Government fee is BDT 4000 where 15% Value Added Tax is applicable.

Step 5: Registration 

After publication in the journal, if no objection is raised or the decision of the application is in favor of the applicant, the mark will be registered as a trademark and a certificate of registration will be issued in favor of the applicant. 

The registration shall be valid for a period of seven years from the date of application and may be renewed every ten years for an indefinite period (including succession).

Upon payment, a Certificate of Registration is generated. Applicants must submit FORM  TM-11 for Trademark Registration in Bangladesh. The necessary government fee is BDT 20,000 (Value Added Tax: 15% applicable)

Step 6: Renewal of Trademark Registration in Bangladesh

After expiry of the trademark validity period of seven years, trademark registrations require regular renewals to preserve their validity. The trademarks are renewed every ten years.

Applicants must submit FORM TM-12 along with the requisite fees and paperwork prior to expiration. Renewal fee is BDT 20,000.00 (Value Added Tax: 15%) 

For late renewals occurring within four months of expiration, you need to submit FORM TM-17 accompanied by supplementary fees. The renewal fee is BDT 20,000.00, late/penalty fee is BDT 5,000.00 (Value Added Tax: 15%).

Relief from Trademark Infringement:

The remedies for trademark infringement in Bangladesh is provided for both civil and criminal under the Trademark Act, 2009 and the Penal Code, 1860.

Civil remedy:

Any person aggrieved by the use of a registered trademark or any proprietary rights relating to a registered trademark or even an altered version of a registered trademark or a deceptively similar trademark, with or without registration, they can file a case under Section 96 of the Trademark Act 2009 in the District Judge’s Court. Section 134 provides for remedies in respect of registered and unregistered trademarks.

Remedial Measures:

Offences under sections 482, 483 and 485 of the penal code, 1860 relating to use of false trade mark or trade description, forging of trade mark and possession of device for forging trade mark. The punishment is a maximum of two years and a minimum of six months in prison, and a maximum fine of Tk 2 lakh and a minimum of Tk 50,000.

FAQs About Trademark Registration in Bangladesh

1. What’s the difference between a trademark, copyright, and patent?

A trademark distinguishes one brand or product from another, a copyright protects original works, and a patent protects new inventions. They are all forms of intellectual property.

Trademark

• Safeguards a brand’s name, logo, or slogan
• Stops rivals using the same logo or mark
• Pinpoints the origin or source of a product or service
• It can include words, symbols, sound, color, or designs
• Both goods and services can be trademarked

Copyright

• Provides a layer of protection to original works of authorship, such as art, literature, music, or software code
• Gives the author exclusive rights to the work, including reproduction, distribution, and display
• Automatically protects original works but registration recommended

Patent

• Safeguards novel inventions, methods, or materials
• Gives its owner the exclusive right to make, use, sell, and import the invention for a limited time.
• Can be used for protections over machines, manufactured items, or methods
• Utility, plant, and design are the three categories of a patent
• You cannot patent ideas, but the invention must also be tangible

2. Can I trademark a business name?

A business name can be trademarked if it is unique and distinctive, denoting the source of the products/services.

3. What is the duration of trademark protection in Bangladesh?

After registration a trademark protection lasts for 7 years initially, and may be renewed every ten years for an indefinite period.

4. Can I apply for international trademark protection while in Bangladesh?

No. Since Bangladesh is not a member of the Madrid Protocol, the Nice Agreement, or the Singapore Treaty on the Law of Trademarks, alternative approaches like regional filing are required.

5. What if someone infringes on my trademark?

The legitimate owners can sue for damages and injunctions under the Trademarks laws as described in the article above.

6. Can I use a Trademark without actually registering the mark?

Yes, you can use an unregistered trademark — but it won’t be guaranteed to have any legal protection. In terms of enforcement, registered IP provides exclusive rights. We strongly suggest you register your Trademark.

7. Can I apply for a trademark for use later on?

Yes, You should be able to file a trademark application with an intent to use it in the future. However, it should be related to your business/operation, and you must start using it within a reasonable period.

8. What is an “opposition period”?

Once published in the Trademark Journal, there is a 60-day time during which third parties may oppose your registration.

9. Are foreigners or foreign entities eligible for filing trademark application in Bangladesh?

Yes, a foreign national and/or foreign entity may apply for a trademark in Bangladesh, through a local trademark agent, legal counsel, or attorney.

10. What Happens If My Trademark Application Is Refused?

You can either appeal the DPDT registrar/examiner’s decision or amend your application to address the objections.

11. What are trademark classes?

There are 45 trademark classes that include goods and services. It gets protection only for your category of product or service by the registering in the right class.

12. How many classes should I actually apply for?

You must apply in all classes that describe your goods or services. Clothing, for example, is Class 25 while software is Class 9.

13. Can a lawyer register a colour or sound as a trademark?

Yes, colors, sounds, and even shapes can be trademarked if they are distinctive and meet the requirements for registration.

14. What is the punishment for trademark infringement in Bangladesh?

In terms of the Trademarks Act, 2009, fine, injunction and even damages can be imposed on account of the trademark infringement.

15. How do I monitor for potential trademark infringements?

Monitor the DPDT trademark database and market regularly for any unauthorized use of your mark. We also offer trademark monitoring to keep you protected.

16. Is it possible to sell or transfer trademarks?

Yes, a third party can buy, transfer, or license a trademark. This may be referred to as trademark assignment or licensing.

17. What if another person registers my trademark before I do?

Even if somebody else has made an application in bad faith, you will be able to challenge it  during the opposition period by way of filing a cancellation petition or in the opposition period.

18. Where time frame for trademark renewal in Bangladesh?

7 years is the original registration period. You will file your renewal application 6 months before expiry,  with a 6 month grace period after expiration (for late fees).

19. What is passing off? 

Passing off occurs when a business or person misrepresents another person’s goods or services as their own.  It is a form of safeguarding businesses against unfair competition. The difference between trademark infringement and passing off is whether the trademark is registered.

20. How does passing off work in Bangladesh? 

You can take legal action to enforce the rights of an unregistered trademark in Bangladesh bringing a passing off action in the relevant court.  In general, the plaintiff, or owner of the unregistered trademark, bears the burden of proof.

Trademark Registration: Why Choose Us?

• Free Initial Consultation: Get free initial consultation from our expert consultants
• Snapshot of the Service: How to get our experienced professionals to navigate the otherwise exhausting process for you
• Cost-Effective Rates: Clear pricing and cost structure
• Comprehensive support: From application to certificate issuance, you have our support
• No Delay Service: We have optimum process to make it hassle-free.

Apply to Register Your Trademark Now and protect your unique enterprise identity!