TRADEMARK APPLICATION FILING IN
Bangladesh

Bangladesh is becoming more visible in the field of intellectual property rights. The Department of Patents, Designs & Trademarks (DPDT), which is a part of the Ministry of Industries of the Government of the People's Republic of Bangladesh, handles all intellectual property concerns and related matters. Every trademark that has been registered is governed and registered in accordance with the Trademarks Act (Amendment), 2015. The first-to-file rule governs the registration of all trademarks in Bangladesh.

The trademark registration before Department of Patents, Designs & Trademarks (DPDT) can either be filed either through online portal or offline mode.

Multi-class trademark applications are not allowed in Bangladesh.

The requirements for filing of trademark application are as follows:

• Name, nationality and address of the applicant;
• Mark (Logo/device/word etc.);
• Descriptions of goods and/or services;
• Power of Attorney*;

*Submission of a scanned copy of signed power of attorney;

• Certified Priority Documents*.

*If priority is being claimed, a Certified Priority Document must be submitted along with the relevant documentation within three months.

The registration procedure will commence on the submission of the TM application for the registration of the trademark. The Registrar will then review the filed TM application. The applicant will receive the examination report within six months to a year, unless the Registrar raises any concerns. The applicant has ninety days to comply with the report and submit a response. The application may be listed for hearing or accepted by the registrar based on the response. Following the review, the application will be accepted by the Registrar and published for two months in the Trademarks Journal of Bangladesh. Third party can oppose the published application during this time. If no opposition is raised within the specified timeline then the TM application will be approved for registration.

The opposition process will commence upon the submission of the opposition notice. The copy of the opposition notice will then be sent to the applicant. The applicant will then have to file a counter-reply within two months of the notice. Thereafter, the DPDT would ask both parties to submit their evidence in writing. If the dispute were still ongoing, a hearing may be fixed. The DPDT will then pronounce the final decision of whether or not to accept the trademark.

A trademark registration in Bangladesh is valid for a period of seven years. The trademark must be renewed before the end of six months of the current term to maintain protection for an additional ten years.

A registered trademark must be actively used within five years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

The trademark registration process in the Bangladesh normally takes between eighteen to twenty-four months in straightforward cases.

Bangladesh has been making steady progress in the field of intellectual property rights, currently ranking sixth in South Central Asia and 24th in Asia. According to WIPO's 2023 data, the country saw a 4% increase in international filings, reflecting growing interest and engagement in global IP systems. Notably, major economies like the USA, China, Japan, and India have also registered their trademarks in Bangladesh, highlighting its importance as an emerging market. As of 2023, there are approximately 79,173 active trademark applications in the country, indicating a vibrant and expanding IP landscape.