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overview
The current trademark regulations in Bangladesh are mainly based on the Trademark Law promulgated on March 24, 2009. The Patent, Design and Trademark Department (DPDT) of the Ministry of Industry of Bangladesh is responsible for managing trademark affairs. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law.
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official language
English, Bengali
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Application principles
The trademark registration in Bangladesh adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
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Duration
The trademark usage period is 7 years from the date of application, with a renewal period of 6 months, a grace period of 6 months, and a renewal validity period of 10 years. If a registered trademark is not used for five consecutive years, anyone can apply for its revocation.
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Application Category
Currently, Bangladesh adopts the Nice Classification 11th edition of product and service descriptions and does not accept applications with multiple categories. The product classification is the same as the international product classification. Regarding textile trademarks, if the trademark consists only of letters or numbers or any organization thereof, it is required to apply separately according to their groups in classes 22-27.
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Attention should be paid after successful trademark registration
If a trademark is not actually used in the country for five consecutive years after registration, anyone may apply for revocation, except for force majeure. An application for invalidation or revocation of a trademark can be filed with the trademark registration office or court, and under current examination conditions, it generally takes 4-5 years. The respondent can generally provide the following evidence materials to respond to revocation requests made by others on the grounds of "unused": invoices, labels, advertisements, packaging, decoration, written statements, product catalogs, market research results, revenue evidence, and quotations.
Bangladesh is a party to international intellectual property treaties such as the TRIPS Agreement, the Paris Convention, and the WIPO Convention; Since it has not yet joined the Madrid Agreement or Madrid Protocol, trademark registration can only be processed through "single country registration".
Before starting the trademark registration process, conduct a trademark search through the trademark database. Through trademark search, it is possible to obtain information on whether identical or similar trademarks have been filed in the trademark registration office;
After the trademark search is completed, an application for trademark registration can be submitted to the Trademark Registry;
The legality review of the submitted application documents, trademark designs, power of attorney and other documents after the application is submitted; Those who meet the requirements will be granted the application date and application number;
According to the law, review whether the trademark has registrability, whether it is the same or similar to a previously registered trademark, and whether it violates the prohibition clause of the Trademark Law. For trademarks that fail substantive examination, the examiner will notify the applicant in writing and inform them of the reasons for rejection. The applicant may submit a re examination within the time limit from the date of receiving the rejection notice. Otherwise, the application will be deemed abandoned, and the application date and number will not be retained;
After examination, the examiner believes that the trademark application can be accepted and will publish a notice in the official trademark announcement of Bangladesh, which will become the trademark opposition period from the date of the announcement. The objection period is 2 months from the date of announcement;
1. Trademark design
2. Specific goods or service items
3. Applicant's name and address
4. Copy of applicant's identification document
5. Power of Attorney
6. If priority is declared, proof of priority must be provided
Note: 1. Bangladesh only allows one trademark and one class of applications, and does not support multiple registration applications for one trademark and one class.
If the trademark applicant does not hold Bangladeshi nationality, they must entrust a local lawyer or agent to submit the application.
