Trademarks in Bangladesh

Competent Authority

Trademark registration in Bangladesh is administered by the Department of Patents, Designs and Trademarks (DPDT) under the Ministry of Industries, located in Dhaka. The official working language is Bengali (and English for specific administrative filings), and the system is national.

International Agreements

Bangladesh is a member of the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), and the Paris Convention for the Protection of Industrial Property. However, Bangladesh is not a party to the Madrid Agreement or the Madrid Protocol; therefore, international marks cannot extend protection to Bangladesh via the Madrid System.

Who May Apply

Natural persons and legal entities carrying out commercial or industrial activities may apply. Foreign applicants without a principal place of business or permanent residence in Bangladesh must be represented by a local, authorized representative or agent. Representation requires filing a specialized Power of Attorney (Form TM-10) signed by the applicant.

Online Filing and Search

Electronic filings and public database searches are supported through the official digital portal managed by the DPDT (`eservice.dpdt.gov.bd`). Preliminary availability searches can be conducted online prior to formal application submission.

Registrable Sign Types

Trademarks may comprise words, names, devices, letters, numerals, or combinations thereof capable of distinguishing goods or services. Non-English characters or words must typically be accompanied by an certified translation and transliteration.

Classification

Bangladesh follows the international Nice Classification system for the registration of goods and services. Applications are processed on a per-class basis.

Examination

The DPDT conducts a formal examination of applications followed by a substantive examination covering absolute grounds for refusal (such as distinctiveness and non-deceptiveness) and relative grounds against prior conflicting filings on the register.

Publication and Opposition

Once accepted by the registrar, the application is published in the official Trademark Journal. Any interested third party may file a notice of opposition within the statutory opposition window following publication.

Timelines

An unopposed standard trademark application typically takes between 12 to 24 months from initial filing to registration certification, heavily influenced by institutional processing volumes and publication cycles.

Official Fees

Official state fees are denominated in Bangladeshi Taka (BDT) and subject to statutory surcharges or value-added tax (VAT) structures:

• Standard base filing fee (Form TM-1): 5,000 BDT per class
• Official publication fee: 3,000 BDT

Protection Duration and Renewal

Unlike many jurisdictions adhering to a 10-year standard term, a trademark registration in Bangladesh is initially valid for 7 years from the official filing date. Subsequent renewals are granted for consecutive periods of 10 years.

Use Requirements

A registered trademark can be vulnerable to non-use cancellation actions under specific statutory provisions if it remains unused for a continuous statutory period. Bangladesh primarily operates on a first-to-file priority system, though prior common-law use can impact enforcement dynamics.

Post-Registration Procedures

Post-registration modifications—including assignments, licensing agreements, changes of registrant name, or changes of address—must be formally recorded with the DPDT to maintain legal validity and ensure enforceability against third parties.

Legal Remedies

Legal remedies include rectification actions before the registry or courts, civil infringement lawsuits, and specialized enforcement measures. Well-known marks receive enhanced recognition protection under statutory principles.

Country-Specific Risks and Practical Notes

Because Bangladesh operates outside the Madrid System, foreign brand owners must execute direct national filings via local legal representation. Furthermore, attention must be paid to the non-standard 7-year initial protection term when managing long-term portfolio renewal schedules.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.