Applications can be filed online or on paper at the trademark offices in Dhaka, administered by the Department of Patents, Designs and Trademarks (DPDT).
At a glance
| Office | Department of Patents, Designs and Trademarks (DPDT), Dhaka |
| Online filing | Available |
| Governing law | Trademarks Act, 2009 |
| Classification | Nice Classification, plus a list maintained by the DPDT. Classes 1 to 34 goods, 35 to 45 services |
| Multi-class applications | Not accepted, single class only |
| Priority | Available to Paris Convention signatories |
| Priority document deadline | 3 months from the Bangladeshi filing date |
| Examination reply | 3 months from receipt of the examination report |
| Opposition period | 2 months from publication, extendable by up to 3 months, one month at a time |
| Initial term | 7 years from the filing or priority date |
| Renewal term | 10 years, indefinitely renewable |
| Non-use cancellation | 5 years and one month before the cancellation petition |
The 7-year initial term
This is the single most important thing to know about Bangladesh.
Under the Trademarks Act, 2009, the initial registration term is seven years, not ten. It runs from the filing date, or from the priority date where priority is claimed. Renewals thereafter are for ten years each, indefinitely.
Almost every other jurisdiction in the region starts at ten years. Portfolio managers running a standard ten-year renewal diary will miss Bangladesh deadlines, and this happens regularly enough to be worth stating plainly.
Note also that the term runs from the filing or priority date, not from the date printed on the registration certificate. Calculating from the certificate date will give you the wrong deadline.
Filing
The DPDT accepts single-class applications only. Each class requires a separate application.
Classification follows the Nice Classification, supplemented by a list of goods and services maintained by the Bangladesh Trademarks Office. Service classes are available following the extension of classification to classes 1 to 45.
As a signatory of the Paris Convention, convention applications claiming priority can be filed. A certified copy of the priority document is required within three months of the Bangladeshi filing date.
An application can be filed on an intent to use basis, or by claiming use of the mark in Bangladesh.
Examination
Applications are examined on absolute and relative grounds.
A response to objections must be filed within three months of receipt of the examination report.
Publication and opposition
Accepted applications are published in the trademarks journal and are open to opposition for two months from publication.
The opposition period can be extended by a further three months, granted in one-month increments.
Renewal and restoration
Renewal applications can be filed at any time during the six months before expiry.
Late renewal is possible after expiry and within six months of the validity date.
Restoration is possible after six months but before one year from the validity date of the registration.
One practical caution: the DPDT in practice allows late renewal with a late fee as an administrative matter, but this rests on internal procedure rather than an express statutory guarantee. Do not rely on it as a planned route.
Cancellation for non-use
A cancellation petition can be filed to remove a mark where it has not been used for five years, calculated to one month prior to filing the cancellation petition.
Changes and amendments
The following can be recorded:
- Assignment of trademarks, with or without the goodwill of the business
- Change of name or address of the applicant or proprietor
- Registered user agreements
Amendments to a registered trademark are possible provided they do not substantially alter the identity of the mark or the specification of goods and services.
Enforcement
The following are offences punishable under Bangladeshi law:
- Use of the ® symbol on an unregistered trademark
- Manufacture, import or sale of counterfeit goods
Legal action can be initiated before the District Courts or the High Court of Bangladesh.
Frequently asked questions
Why is the first term only seven years? It is what the Trademarks Act, 2009 provides. Bangladesh is unusual in this respect, and it is the most common source of missed renewal deadlines for foreign portfolio holders.
Does the seven years run from the certificate date? No. It runs from the filing date, or the priority date where priority is claimed. The date on the certificate is not the operative date.
Can I file a multi-class application? No. Single-class applications only, so each class needs its own application and fee.
Can I file online in Bangladesh? Yes, online filing is available, unlike several neighbouring jurisdictions.
How long is the opposition period? Two months from publication, extendable by up to three months in one-month increments.
What happens if I miss the renewal deadline? Late renewal is possible within six months of the validity date, and restoration after six months but within one year. Beyond that the mark is lost.
Useful official resources
- Department of Patents, Designs and Trademarks, Bangladesh
- Trademarks Act, 2009 — WIPO Lex
- TMClass — goods and services terminology
Running a subcontinent portfolio and want the Bangladesh dates tracked properly? Talk to us.