Trademark Registration in Bangladesh

In Bangladesh, the Department of Patents, Designs and Trademarks (DPDT) is responsible for trademark registration. Anyone claiming to be the owner of a trademark that is currently being used or planned to be used in Bangladesh may submit a written application for trademark registration in the format required. To register a trademark, an applicant must submit an application to the DPDT’s Trademark Registry Wing. In Bangladesh, service marks are also registrable. In Bangladesh, applications are accepted for service mark registration. For this reason, the International Nice Classification of Services is relevant.

TM Search

The applicant may conduct a search for similar trademarks with the DPDT. This is not mandatory for the registration of trademarks.

Application of Trademark Registration

  1. An application for the registration of a trademark shall include the following-
  2. Name of the Mark /Logo/Device prints or representation.
  3. Name of the Applicant.
  4. Address and nationality of the Applicant.
  5. Status of the applicant i.e. Merchandisers / Manufacturers /Service Providers
  6. Specification of Goods/Services and Class.
  7. User date of the mark (whether the mark is in use or proposed to be used in Bangladesh).
  8. General/specific power of attorney may be required.
Acceptance or Rejection of Trademark by the Registrar

The Registrar has the authority to approve, deny, or require corrections or modifications to an application after it has been filed. A trade mark registration application may be approved unconditionally or with restrictions or conditions. After receiving the application, the Registrar issues an Official Filing Receipt. The document includes all pertinent trademark filing information (such as the application number, the date of application, the trademark, etc.). The applicant should receive a show reason letter from the Registrar in the event that any application is rejected. Within three (3) months, the applicant must react to the show cause notice and request a hearing on the subject; failing to do so will result in the application being considered abandoned.

Journal Publication

The Registrar will send the applicant a Journal Notification for the mark’s advertising after accepting an application. The applicant must next deposit journal fees using a bank draft, money order, or Treasury Challah. Subsequently, Bangladesh Government Press (BG Press) will receive the mark from DPDT for publication.

Opposition of the Mark

Anybody may submit a notice of opposition to the Registrar using the required form within two (2) months of the mark’s publication by BG Press.

The Applicant must provide a Counter-Statement outlining the grounds upon which it is relying for its application to be registered within two months of receiving a copy of the Notice of Opposition from the Registrar. The application will be considered abandoned if the Counter-Statement is not filed within the allotted time. The requester may ask for an extension of time to submit the counterstatement and pay the government expenses.

In the event that a Counter-Statement is submitted, the Opponent will get a copy from the Registrar. It is necessary for the parties to file

­­Registration of the Mark

The applicant will be notified by DPDT to pay certification fees if there is no objection. The money receipt for the certification fees must be turned in by the applicant to DPDT.When a trademark is registered, the Registrar issues a certificate to the applicant in the format required by law, sealed with the Trade Marks Registry seal.

Term and Renewal

A trademark that has been registered is good for seven (7) years from the date of filing, following which it can be renewed for a further ten (10) years.
The renewal fee must be paid no later than six months before the expiration date. There are usually up to four months after the expiration date for late renewals, albeit there are late costs. Registrar-mandated extensions are liberally provided upon payment of additional costs.

Assignment of Trademark

A trademark’s registered proprietor may assign the trademark for all or some of the goods for which it is registered, with or without the business’s consent. When someone gains ownership of a registered trademark through assignment or transmission, they must apply to the Registrar (following the prescribed process) to register their title. Upon receiving the application and receiving satisfactory proof of ownership, the Registrar will then register the Assignee as the trademark’s owner. PERMITS FOR TRADEMARK USE

For a license to be in effect, it needs to be registered with the authority. The Registrar must receive the application for the record.

Remedy for Infringement

An owner of a registered trademark may file a criminal or civil lawsuit to seek redress when their rights have been violated. Any lawsuit alleging trademark infringement or seeking to establish a ratified right pertaining to a trademark must be filed in the district judge’s court in the area where the infringement took place. It is necessary to file a criminal complaint with the Court of Metropolitan Magistrate or any other first-class judicial magistrate. In the event of an infringement lawsuit, remedies include surrender of the items bearing a false trademark, accounts of profit, deletion or erasure of the false trademark, and injunctions.