Trademark Registration in Bangladesh

A trademark is defined as any sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. This could include words, logos, symbols, colors, shapes, or combinations thereof.

• Application: An application for trademark registration must be filed with the Department of Patents, Designs, and Trademarks (DPDT) under the Ministry of Industries in Bangladesh. The application form can be filed in person or online.
• Examination: After submission, the DPDT will examine the trademark for distinctiveness and check if it conflicts with any existing registered trademarks.
• Opposition: If there are no objections, the trademark will be published in the Trade Marks Journal. Third parties have an opportunity to oppose the registration within 3 months of publication.
• Registration: If no opposition is filed, or if the opposition is resolved in favor of the applicant, the trademark will be registered. The registration certificate is then issued.

• The owner of a registered trademark has exclusive rights to use the trademark in connection with the goods or services for which it is registered.
• The owner can also assign or license the use of the trademark to others, provided the relevant agreements are recorded with the DPDT.

• A registered trademark in Bangladesh is protected for 10 years from the date of registration.
• The trademark can be renewed indefinitely for further 10-year periods upon payment of the renewal fee.

• Trademark infringement occurs when a third party uses a mark that is identical or confusingly similar to a registered trademark without permission, and it causes confusion among consumers.
• Legal actions can be taken against infringement, including civil suits and criminal prosecution.
• Civil remedies include injunctions, damages, and accounts of profits.
• Criminal sanctions may involve fines or imprisonment for up to 3 years for counterfeiting or unauthorized use of a trademark.

Not all marks are eligible for registration. The following are typically non-registrable:

• Marks that are too generic, descriptive, or common (e.g., "apple" for fruit).
• Marks that are deceptive, scandalous, or contrary to public order or morality.
• Marks that are identical or confusingly similar to previously registered trademarks.

• Collective marks: Used by members of a collective group or organization to distinguish their goods or services.
• Certification marks: Used to show that goods or services meet certain standards or quality established by the mark owner.

Bangladesh is a member of the World Intellectual Property Organization (WIPO) and has acceded to international treaties like the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which help in protecting trademarks internationally.

Even though a well-known trademark may not be registered in Bangladesh, it can still be protected from unauthorized use. The law protects well-known marks against use that could confuse the public or damage the reputation of the well-known mark.

• Trademark disputes in Bangladesh can be resolved through the courts or by filing complaints with the Trademark Office.
• The Intellectual Property Office also plays a role in providing administrative remedies and overseeing trademark-related disputes.

Trademark law in Bangladesh also addresses cases of unfair competition, including false advertising, misrepresentation, or acts that could cause consumer confusion.

Trademarks owned by foreign entities can be registered in Bangladesh under the same process. There is no requirement for a local presence (like a branch or subsidiary), but a foreign applicant must be represented by a local attorney in Bangladesh.