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A comprehensive overview of the trademark system in Bangladesh for IP practitioners. We will summarize the content covering the entire system, from origin to registration, term of protection, opposition, renewal, necessity of proof of use, relationship with the international application system, etc.
Definition of trademark and scope of registrable marks
Bangladesh's Trademarks Act, 2009 broadly defines a "mark" to include any sign indicating the origin of goods or services. Specifically, any mark with distinctiveness, such as letters, words, names, figures, symbols, logos, numbers, color combinations, and combinations thereof, is eligible for trademark registration. Service marks (service marks), collective marks, and certification marks can also be registered, and Bangladesh law applies not only to product marks but also to the service sector. Although non-traditional trademarks such as three-dimensional shape and sound/odor are not explicitly stipulated in the law, they can be included in "other distinctive marks," and in practice they can be registered if their distinctiveness is recognized.
On the other hand, there are some trademarks whose registration is prohibited by law. Marks that are obscene or obscene and violate public order and morals, marks whose use violates current laws, marks that may deceive others (for example, those that cause confusion about the quality or origin of the product), marks that may offend the religious sentiments of the public, and signs that are identical or similar to official marks such as national flags, coats of arms, and emblems of intergovernmental organizations (including those without proper permission) will not be allowed to be registered. In addition, descriptive marks that directly indicate the quality or efficacy of goods or services, marks that consist only of common names or geographical names, and commonly used abbreviations cannot be registered as they lack distinctiveness, but registration may be permitted if they are recognized by customers through long-term use (acquisition of distinctiveness). Bangladesh adopts a first-to-file system, and trademark rights arise only after registration. However, even if an unregistered trademark is well-known as an indication of someone else's products or business, there is scope for it to be protected under the law of unfair competition prevention (passing-off). Even if well-known trademarks are unregistered, they may be protected by opposition or infringement lawsuits, and there is a system in place to prevent unauthorized use by others.
Application procedures (required documents, language, agent, fees)
Trademark applications are filed with the Department of Patents, Designs and Trademarks (DPDT) under the Ministry of Industry. Applicants can be individuals or corporations within or outside Bangladesh, but if a foreign company or non-resident applies, a local trademark agent (lawyer) must be appointed. Even for domestic applications, it is common to request a patent attorney or lawyer due to the specialized nature of the procedure. The documents and information required for application are as follows.
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Application form (prescribed format): Enter basic information such as the applicant's name and address (registration information in the case of a corporation), details of the trademark (name and type), classification of goods and services used, etc. Use Form TM-1 as the format, and if you are using a proxy, submit Power of Attorney Form TM-10 as well.
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Trademark sample: Submit an illustration (image in JPEG or PNG format) depicting the trademark. The paper size and method of pasting are determined by regulations, and a clear trademark sample is pasted in the designated space on the application documents. If the trademark contains characters in a language other than Bengali or English, a translation and transliteration of it (pronunciation in kana) must be attached and the language must be clearly stated. If a portrait of a person is included, written consent from the person will also be requested.
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Details of goods and services: Specify the goods or services for which the trademark is used, and organize them by Nice Classification. As mentioned below, in Bangladesh, there is a one application, one category system, so it is necessary to apply for different categories of items separately.
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Priority claim documents (if applicable): When claiming priority under the Paris Convention, the application must be filed within six months of the first application, and the priority country and filing date, etc., should be entered in the designated fields of the application. Submit an authorized copy (certificate) of the foreign application if necessary.
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Proof of payment of fees: At the time of application, pay the designated government fees and submit the receipt or reception number in the case of online payment. After payment, the application will be accepted and an application number will be assigned.
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Power of Attorney: If filing through an agent, submit a signed power of attorney from the applicant. This does not require authentication (just a signature is acceptable), but a Bangladeshi stamp (equivalent to BDT 1,000) must be affixed.
The application language can be Bengali or English. Application forms are generally provided in English, and foreign companies generally apply in English. If the trademark display includes other languages, translation, etc., is required as described above.
Fees are determined in detail by trademark law regulations, and the following government fees are charged per case (as of 2025):
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Application fee: BDT 5,000 (per category). In Bangladesh, only one category can be specified in one application, so if multiple categories are to be specified, applications for each category are required (Taka 5,000 is charged for each application).
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Publication fee: BDT 3,000. This is the fee for publishing in the trademark journal (official gazette) if the trademark passes the examination.
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Registration fee: BDT 20,000. This is the final fee to be paid when the registration certificate is issued.
These government fees are subject to a separate value added tax (VAT) of 15%. Therefore, the total cost to the Office to complete the registration of one Class 1 trademark is approximately BDT 28,000 (approximately 50,000 to 60,000 yen, around USD 300). If you request an agent, there will be an additional agent fee (depending on the details of the request, it is reported that the process from application to registration is generally around USD 400 to 800).
Currently, the official means of application is written submission to the DPDT counter. Although some online application systems have been introduced, they are not fully developed, and you may be required to submit documents after applying online. Therefore, in order to be sure, it is necessary to submit and go through the procedures in writing.
Trademark classification system (adoption status of Nice classification)
Bangladesh has adopted the Nice Classification (11th edition) as a trademark classification for practical purposes. Officially, Japan is not a member of the Nice Agreement, but when filing an application, designated goods and services must be classified according to the 45 categories of the internationally accepted Nice Classification. Specifically, categories 1 to 34 correspond to products, and categories 35 to 45 correspond to services. There is also a section on the application form to write the Nice List, and the latest Nice List can be viewed on the DPDT website.
It is important to note that Multi-class applications are not allowed in Bangladesh. Only one category can be specified in one application, and if you are seeking protection across multiple categories, you will need to file a separate application for each category. For example, if you want to protect your trademark under both Class 9 and Class 42, you will need to file two separate applications. Therefore, application fees will be charged for each category depending on the number of categories (see above).
Although Bangladesh is not a member of the Nice Agreement, in practice it faithfully follows the international classification, and the scope and description of designated goods and services are also examined in accordance with the Nice Classification. The latest editions of the classification are updated as appropriate, and operations are consistent with international classification standards.
Content and method of examination (absolute/relative reasons for refusal, examination period)
In Bangladesh, trademark applications undergo both formal examination and substantive examination. First, after filing, a DPDT examiner will review the application details and attached documents to ensure that they meet the formal requirements. Here, your application will be inspected for omissions, misclassifications, missing required documents, fee payment confirmation, etc., and if there are any deficiencies, you will be asked to make corrections.
If there are no formal problems, the next step will be the substantive examination. The substantive examination mainly considers the following points:
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Examination of absolute reasons for refusal: It is checked whether the trademark itself has distinctiveness and whether it contains any elements that are legally unregistrable. Specifically, it is determined whether the trademark is too descriptive (does it directly indicate the quality of the product or service, etc.), whether it is a common name or common term, whether it lacks distinctiveness, and whether it violates public order and morals as mentioned above or is likely to deceive others. Even if the identification power is weak, there are cases where registration is permitted if it can be proven that the identification power has been acquired through use.
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Examination of relative reasons for refusal: The applied trademark will be examined to see if it is confusing (or in conflict) with the existing trademark rights of others. Examiners search the Trademark Register and pending applications to find whether identical or confusingly similar marks have been registered for the same or similar goods or services. This survey comprehensively evaluates similarities in appearance, name, and concept. As in other countries, Bangladesh has a system where conflicts with existing trademarks (relative grounds) are also examined ex officio, so if similar trademarks are found, this will be a reason for refusal.
If there are any problems during the review process, DPDT will notify you of anassessment report (office action). The notice of reasons for refusal will specifically indicate reasons such as lack of distinctiveness, descriptiveness, confusion with existing trademarks, and lack of formal requirements. Applicants usually need to respond within two monthsand try to resolve the reasons for refusal by submitting written opinions and amendments within the deadline. If necessary, we can also respond by limiting the product range (amendment) or changing the trademark design. You can also apply for an extension if you have a valid reason (regulations allow for an extension of up to an additional two months).
If the only issue is a conflict with someone else's prior trademark, you may be able to resolve the rejection by submitting a letter of consent. If the prior right holder submits a formal written consent stating that he or she consents to the registration and use of the applied trademark, the examiner may take this into consideration and withdraw the reason for refusal. The agreement must clearly state the relationship between the two trademarks and why there is no problem with their coexistence, and must be signed by the prior trademark owner.
The period required for examination has tended to become longer in recent years, but it is reported that it generally takes approximately 12 to 14 months from application to the first examination result. After that, the standard time frame is that it takes a total of 18 to 24 months (1.5 to 2 years) from application to completion of registration in cases where everything goes well, after dealing with the reasons for refusal and public notice procedures. If objections or amendments occur during the examination stage, it will take even more time, and especially if there is an objection, it may take several years to resolve.
If you successfully pass the examination, you will proceed to the next stage of public notice and filing of objections. If the applicant is dissatisfied with the examination results, the applicant can request DPDT to reconsider, but the formal option is to appeal to the High Court. According to Article 123 of the Trademark Law, interested parties who are dissatisfied with the decision of the Registrar can file an appeal with the High Court Division (part of the Supreme Court).
Objection system (submission deadline, requirements, procedures)
Trademarks determined to be eligible for registration after examination by DPDT will be published inTrademarks Journal prior to registration. After publication, there is an opportunity for a third party to file an opposition, and anyone can file an opposition to the trademark registration for two months from the publication date. By filing the prescribed opposition notice (Form TM-5) within this two-month legal opposition period, the registration procedure for the trademark in question will be suspended and the opposition hearing procedure will begin. The opposition period can be extended for up to one month at the complainant's request, and a separate application and fee are required for extension.
A person who can file an opposition is, in principle, anyone who believes that the trademark registration may be detrimental to his or her rights or business. Typically, this is likely a competitor who has already used, applied for, or registered the same or similar trademark. There are a wide variety of matters that can be asserted as grounds (reasons) for filing an opposition, and it is possible to point out both absolute and relative reasons for refusal. For example, the main grounds for opposition include ``the applied trademark is descriptive and lacks distinctiveness,'' ``it is confusing and may cause confusion with a well-known trademark owned by another person (applicant),'' and ``the application is not made in good faith and is based on imitation or malicious intent.'' Possible grounds for opposition include the risk of diluting a well-known trademark and violations of public order and morals. In short, any argument that shows that the mark should not be registered under the Trademark Law or that it conflicts with the petitioner's prior rights can be a ground for opposition.
When a notice of opposition is submitted, DPDT first checks the formal requirements and then notifies the applicant (applicant) of the contents. Thereafter, a written hearing will be held between the opponent (opponent) and the applicant (respondent) by submitting a written answer and counterargument. Both parties will have the opportunity to submit evidence (e.g. proof of prior use, well-known supporting documents, etc.) to support their claims. Oral proceedings (hearings) are held as necessary during the trial process, and the DPDT trademark registrar or designated hearing officer considers the arguments and evidence of both parties. Ultimately, the registrar makes a decision and decides whether to accept the opposition (reject the application) or dismiss it (allow the application to be registered).
The duration of the opposition procedure varies depending on the case, but an opposition can cause a delay of registration from several months to several years. If the opposition is rejected, the application will proceed to registration; if it is approved, the trademark will not be registered and the application will be refused. Furthermore, parties (both the applicant and the complainant) who are dissatisfied with the opposition decision can appeal to the High Court Division based on the Trademark Law. If the matter goes to court, it may take even more years to reach a final resolution.
Registration and protection period (initial protection period, renewal system, renewal fee)
If there are no problems after the opposition period, the trademark will be officiallyregistered. For registration, DPDT will send you a notice to pay the registration fee(mentioned above), and once payment is confirmed, registration in the Trademark Registry will be completed and a Registration Certificate will be issued. The registration certificate includes the registration number, trademark details, protected goods and services, application date, and registration date.
Duration of trademark rights is stipulated as 7 years at the time of initial registration in Bangladesh. These seven years are legally stipulated as "seven years from the filing date (application date)," and in practice, when registration is completed, the registration is retroactive and valid until seven years after the filing date. Thereafter, trademark rights can be extended in increments of 10 years as many times as you like by renewing them every 10 years. Therefore, as long as you do not neglect to renew your trademark rights, there is no upper limit to the duration of your trademark rights, and it is possible to maintain protection semi-permanently.
Renewal procedures can be completed by filing a Renewal Application with DPDT before the expiration date and paying the prescribed renewal fee. Renewal applications are typically accepted for a period of time before and after the expiration date. According to the Bangladesh Trademark Law, it is recommended that renewal procedures be carried out within 6 months before expiry, and even if you are unable to renew by the deadline, late renewal is allowed for up to 6 months after expiration as a grace period (additional fees apply). Specifically, it is possible to renew within 4 months after the expiration date by paying a late fee of BDT 5,000 and value added tax in addition to the regular renewal fee. If the trademark is not renewed after this grace period, the trademark will beexpunged from the register and will become invalid.
The renewal fee as of 2025 is reported to be approximately BDT 15,000 to 20,000 per trademark (every 10 years, per category) (value added tax will be added separately). Although it is not necessary to submit proof of use at the time of renewal, there is a risk of cancellation if the trademark is unused for a long period of time, as described below, so continued use of the trademark is recommended in order to maintain rights.
Use certification system (obligation to use/request for cancellation of non-use)
The Bangladesh Trademark Law recommends continuous use of registered trademarks, but rights accrue even if you do not use them immediately at the registration stage. There is no need to prove the use of a trademark at the time of application or registration, and even unused trademarks can be registered. Additionally, there is no explicit obligation to start using the product within a certain period of time after registration. In other words, you can apply and register even if you have not used the license as long as you have an intention to use it, and you are not required to declare the status of use or submit evidence when renewing the license. This is similar to the first-to-file trademark system in many countries.
However, for trademarks that have not been used at all after registration, there is a risk that a third party will request cancellation for non-use after a certain period of time has passed. In Bangladesh, interested parties can seek cancellation of a trademark registration if it has not been used continuously forfive years from the date ofregistration. Under the Trademark Law, it is interpreted that grounds for cancellation arise if ``the trademark has not been legitimately used at all within 5 years from the date of registration'' or ``if the use has been interrupted for 5 consecutive years or more after registration.'' In practical terms, if there is no usage history for 5 years from the publication date of the registration gazette (registration date), you may be subject to a cancellation request.
Procedures for cancellation of non-use are initiated when an interested party (e.g., a third party who wants to use the same or similar trademark) files a petition for cancellation with the DPDT or the court. The petitioner must allege and prove the fact that the trademark in question has not been used for the designated goods or services for more than five years after registration. In response, the trademark right owner will defend by submitting evidence if the trademark owner has started or resumed use. If non-use without justifiable reason is found, the trademark registration will be canceled or deleted. If the cancellation is finalized, the trademark will be removed from the register and other people will be able to apply for the same trademark in the future.
The scope of "use" includes not only the trademark owner's own use, but also the use by authorized licensees. The Trademark Law also has provisions for defensive marks, and there are special provisions that allow well-known trademarks to maintain their rights even if they are not used on dissimilar products. However, for general trademarks, the risk of cancellation becomes a reality if there is no genuine use in the market for five years or more. Therefore, trademark owners are encouraged to start using their trademark as soon as possible after registration, and to continue using it. Additionally, you can avoid cancellation requests if you resume usebefore the five-year period of non-use has elapsed.
In addition to non-use cancellation, Bangladesh also has acancellation/invalidation system for trademarks. For example, within five years of registration, it is possible to file an invalidation trial (cancellation lawsuit) on the grounds of lack of distinctiveness or illegality at the time of registration. However, one guideline for cancellation of use is the passage of five years. It is important for trademark owners to regularly preserve evidence of use (sales records, advertising materials, etc.) in case a request for cancellation of non-use is made.
Rights infringement and remedies (civil, criminal, customs measures)
Both civil and criminal remedies are available for trademark infringement (unauthorized use of a trademark) in Bangladesh.
Civil Remedies: If a trademark owner's registered trademark is used by a third party without permission, the trademark owner can file an suit for injunction with the local civil court (generally the District Court). The court can issue an injunction (provisional disposition/permanent injunction) against infringing acts and order the defendant to stop using the illegal trademark. In addition, if damage has been caused, it is possible to claim compensation for damages, and in addition to compensation for actual damages, it is also possible to request the malicious infringer to provide profits (return of the amount equivalent to unjust profits). Additionally, the court is authorized to issue an order for the destruction of infringing goods (products with illegal trademarks) and an order for corrective advertising to eliminate misconceptions. For prompt relief in infringement lawsuits, it is possible to obtain a provisional disposition (preliminary injunction) within a few weeks to a few months while the lawsuit is pending. Even in the case of unregistered trademarks, civil remedies (injunctions and damages) can be sought for acts that unfairly take advantage of another person's business trust based on the legal doctrine of unfair competition prevention (passing off).
Criminal Remedies: Trademark and criminal laws provide criminal penalties for trademark offenses. For example, the act of attaching another person's registered trademark to a product and selling it without permission (intentional act of trademark infringement) or the act of falsely indicating that it is a registered trademark are considered crimes, and if caught, you may be sentenced to a fine or imprisonment. Articles 478 to 486 of the Bangladesh Penal Code (1860 Act) also stipulate fraudulent acts related to trademarks as crimes. For example, forging or imitating another person's trademark or selling a counterfeit trademark are subject to criminal penalties. Rights holders can file criminal charges (complaints) with investigative authorities such as the police and request exposure and seizure. If the police have enough evidence, they will arrest and prosecute the infringer, and if the court finds them guilty, they will be subject to penalties such as fines and imprisonment. Because criminal proceedings have a strong deterrent effect, criminal measures may be taken against malicious counterfeit manufacturers in parallel with civil proceedings.
Customs border measures: In accordance with the requirements of the TRIPS Agreement, Bangladesh has also established a system to detect intellectual property infringing products at customs. Trademark owners can record their registered trademarks with customs authorities and request monitoring of imports and exports of infringing goods. Additionally, if a particular imported cargo is found to be a counterfeit product of your company's trademark, you can notify customs and apply for an import injunction. Customs authorities will inspect and seize the cargo based on a complaint from the right holder, and if it is determined that the cargo is not genuine, they will take measures such as confiscation and destruction. These border measures make it possible to stop the influx of counterfeit branded goods from overseas at the border. However, there are limits to the ability of customs authorities to independently detect and arrest infringing goods, so it is important for rights holders themselves to proactively provide information and report.
As mentioned above, the trademark legal system in Bangladesh provides civil remedies, criminal penalties, and customs injunctions, and trademark owners can exercise their rights by means appropriate to the situation. The statute of limitations (statute of limitations) for infringement lawsuits is three years from the date of knowledge of the infringement, and prompt action is required. The court system has a two-instance system in which the High Court Division is in charge of appeals from district court judgments, and appeals can be made up to the Supreme Court (Appellate Division).
Relationship with the international application system (status of participation in the Madrid Agreement and how to utilize it)
As of 2025, Bangladesh is not yet a member of the Madrid Agreement and Protocol (international trademark registration system). Therefore, it is not possible to file an international trademark application that includes Bangladesh as a designated country using the Madrid Protocol. For example, even if you apply for an international registration in Japan or the EU, it currently has no effect in Bangladesh, and in order to obtain trademark rights in Bangladesh, it is necessary to directly file a domestic application in Bangladesh. If a foreign company wants to obtain trademark protection in Bangladesh, it will need to file a domestic application for each country, and the only route is to apply to DPDT through an agent.
Similarly, if Bangladeshi companies wish to protect their trademarks abroad, they cannot currently file a bulk application through Madrid. You should either apply directly to each country's trademark office, or consider using a regional community trademark system (such as EUIPO) if available. However, the Bangladeshi government is discussing and consideringparticipation in the international trademark registration system, and it has been pointed out that Bangladesh may aim to join the Madrid Protocol in the near future (experts have also suggested early accession). If we become a member, Bangladeshi companies will be able to apply for trademarks in many countries by filing in Madrid based on domestic registration, and foreign companies will also be able to easily obtain rights by designating Bangladesh via Madrid, so there have been calls from the business community for membership.
In terms of international treaties, Bangladesh has acceded to the Paris Convention (1883) in 1991, which allows priority claims to be made within six months of filing a foreign application. We have also complied with theWTO TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) since 2000, and minimum standards have been established for trademarks. The Nice classification is also used in practice even though it is not a member. Under these international frameworks, Bangladesh has developed domestic laws, and it will be interesting to see whether Bangladesh will accept the Madrid Agreement, which it is not yet a member of, through future legal amendments.
Related laws and competent authorities
Major trademark-related laws and regulations are as follows.
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Trademarks Act, 2009 – This is the current basic law regarding the registration and protection of trademarks. This is a complete revision and update of the old Trademark Law enacted in 1940, and covers registration procedures, rights of trademark owners, definitions of infringement, remedies, transfer and licensing of trademarks, penalties for violations, cancellation due to non-use, and other trademark-related matters. Supplementary provisions also provide for injunctions against acts of unfair competition (protection of public notices).
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Trademarks Rules, 2015 – The Enforcement Regulations of the above Trademark Law stipulate details such as application forms, fees, examination/opposition procedures, and various notification procedures. It includes practical regulations such as the format and submission method of application documents, registry management, and procedures for extending deadlines.
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Patent Act 1911/Design Act 1911 – Although they have little direct relation to trademarks, they are part of the old legal system for industrial property as a whole (currently, there are amendments to each law).
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Penal Code 1860 – Articles 478 to 486 stipulate crimes related to trademarks (forgery, unauthorized use of trademarks, etc.) and their penalties. The Trademark Act 2009 also has penalty provisions for violations, but the provisions of the Criminal Code also apply supplementarily.
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Other related matters - Appropriate trademark display may be required under business laws regarding product display and labels, such as the Consumer Protection Act and the Pharmaceutical Affairs Act, but the existence or nonexistence of trademark rights themselves is subject to trademark law. In addition, Bangladesh is obligated to the Paris Convention and the TRIPS Agreement in its economic agreements, and its domestic laws are operated in a manner consistent with these.
The competent authority is the **Department of Patents, Designs and Trademarks (DPDT)** under the Ministry of Industry. DPDT is in charge of a series of administrative affairs, including trademark application reception, examination, registration decisions, register maintenance, renewal procedures, oppositions, and hearings on cancellations and invalidations. The DPDT has a Registrar of Trademarks, who exercises various discretionary powers under the Trademark Law. Although DPDT is under the Ministry of Industries, it actually functions independently as an intellectual property office and also collaborates with the World Intellectual Property Organization (WIPO).
Jurisdiction The High Court Division (a division of the Supreme Court) has jurisdiction over trademark disputes (e.g. complaints against opposition decisions, infringement proceedings, etc.). Disputes regarding registration will first be under the jurisdiction of the DPDT, and its decisions will be appealed to the High Court. On the other hand, civil lawsuits such as infringement are usually held in the District Judge Court, and if there is an appeal, it can be appealed to the High Court Division and finally to the Supreme Court. Criminal cases are tried in lower criminal courts, and serious cases may be transferred to higher courts.
As stated above, the trademark system in Bangladesh is being operated under the current law of 2009, and is maturing as a domestic system. In recent years, legal reforms and internationalization trends have seen advances in the overall development of intellectual property, including revisions to copyright laws and the introduction of electronic filing systems.In the trademark field, updates such as consideration of joining the international registration system are also attracting attention. Trademark practitioners (patent attorneys) will be required to understand the unique domestic regulations (such as the initial seven-year registration) and respond in light of the differences with international systems. We hope that this overview will help you to systematically understand the trademark system in Bangladesh.
References: Trademark Law 2009 and Regulations 2015 (Bangladesh), DPDT official information, WIPO Lex, various practical explanations, etc.
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).
