Trademark Registration in Bangladesh: Complete Guide 2025

Table of Contents

Understanding Trademark Law in Bangladesh

Welcome to the intricate world of Trademark Law in Bangladesh, where the protection of intellectual property takes center stage. In this dynamic legal landscape, trademarks serve as the guardians of brand identity, fostering innovation and ensuring the distinctiveness of products and services.

What is a Trademark?

A trademark is any distinctive sign, symbol, word, phrase, logo, or design that identifies and distinguishes your products or services from those of competitors. In Bangladesh, trademarks are the cornerstone of brand protection and business reputation.

Common Types of Trademarks:

Brand names and company names
Logos and design marks
Slogans and taglines
Product packaging designs
Service marks
Certification marks
Collective marks

Trademark Symbols in Bangladesh

According to the Trademarks Act 2009, different symbols indicate trademark status:

Symbol	Meaning	When to Use
®	Registered Trademark	Only after DPDT registration is complete
™	Unregistered Trademark	Application filed but not yet registered
SM	Service Mark	Application filed for services (not goods)

Important: Using the ® symbol without actual registration is illegal and can result in penalties.

Why Trademark Registration Matters in Bangladesh

Trademark registration is not just a legal formality—it’s a strategic business decision that protects your most valuable asset: your brand.

Key Benefits of Trademark Registration

1. Exclusive Legal Rights

Sole authority to use the mark in Bangladesh
Legal ownership recognized by law
Protection from the date of application filing

2. Legal Protection Against Infringement

Take legal action against unauthorized use
Seek injunctions and damages
Report counterfeit products to authorities
Prevent marketplace confusion

3. Business Asset & Valuation

Registered trademarks increase company value
Can be sold, licensed, or franchised
Transferable business asset
Enhances investor confidence

4. Brand Credibility & Trust

Demonstrates professionalism and permanence
Builds consumer confidence
Distinguishes you from competitors
Facilitates marketing and branding efforts

5. Nationwide Protection

Valid throughout Bangladesh
Enforceable in all courts
Initial term: 7 years
Renewable indefinitely in 10-year periods

What Happens Without Registration?

Without trademark registration in Bangladesh, your brand faces:

No legal recourse against copycats
Risk of losing your brand name
Difficulty proving ownership
Limited enforcement options
Potential legal disputes with senior users

Step-by-Step Trademark Registration Process in Bangladesh

Navigating trademark registration can be complex. Here’s our comprehensive guide to the complete process under the Trademarks Act 2009.

Step 1: Preliminary Trademark Search

Before filing any application, conducting a thorough trademark search is crucial to avoid conflicts and rejection.

What We Search For:

Identical or similar existing trademarks
Pending applications in the same class
Phonetically similar marks
Visually similar logos or designs
Marks in related goods/services classes

Search Resources:

DPDT Trademark Database
Bangladesh Trademarks Journal
International trademark databases
Common law usage research

A professional trademark search by experienced attorneys can identify potential conflicts that automated searches might miss.

Step 2: Determine Your Nice Classification

Bangladesh follows the Nice Classification System, which categorizes all goods and services into 45 distinct classes.

Classification Breakdown:

Classes 1-34: Goods (tangible products)
Classes 35-45: Services (intangible offerings)

Common Class Examples:

Class	Category	Examples
Class 25	Clothing	Garments, footwear, accessories
Class 30	Food Products	Spices, tea, processed foods
Class 35	Business Services	Retail, advertising, business management
Class 41	Education & Entertainment	Training, educational services, events
Class 42	Technology Services	Software, IT consulting, web development

Important: Selecting the wrong class can result in:

Application rejection
Incomplete protection
Additional filing costs
Delayed registration

Step 3: Prepare Your Trademark Application

Your trademark application must meet specific legal requirements under the Trademarks Act 2009.

Essential Particulars for Registration (Section 6)

According to Section 6 of TA 2009, a trademark must contain at least ONE of the following:

(a) The name of a company, individual, or firm represented in a special or particular manner

(b) The signature of the applicant or predecessor in business

(c) One or more invented words (coined terms with no prior meaning)

(d) Words having no direct reference to the character or quality of goods/services, and not being:

Geographical names
Surnames or personal names
Common abbreviations
Names of sects, castes, or tribes in Bangladesh

(e) Any other distinctive mark

Distinctiveness Requirement: Names, signatures, or words not falling within categories (a)-(d) can only be registered with evidence of distinctiveness through use in commerce.

What Makes a Mark “Distinctive”?

A distinctive mark:

Clearly identifies the source of goods/services
Distinguishes your offerings from competitors
Is not generic or purely descriptive
Has acquired secondary meaning (if descriptive)

Step 4: File Application with DPDT (Form TM-1)

The registration process begins by filing your application with the Department of Patents, Designs and Trademarks (DPDT), specifically the Trademark Registry Wing.

Required Application Documents:

1. Completed Form TM-1

Applicant’s full legal name and address
Nationality and legal status (individual/company)
Clear representation of the mark
Description of goods/services
Nice Classification class numbers
Date of first use (if applicable)
Priority claim (if any)
Declaration and signature

2. Supporting Documents

Power of Attorney (if filing through agent)
Certificate of Incorporation (for companies)
Proof of trademark usage (optional but helpful)
Clear mark representation (JPG/PNG format)
Government fee payment proof

3. Payment of Filing Fees

Fees vary by number of classes
Payable through treasury challan/bank draft/pay order
Additional fees for multi-class applications

Filing Options:

Option 1: Direct Filing

Visit DPDT office in person
Submit physical documents
Receive acknowledgment receipt

Option 2: Through Trademark Attorney

Professional preparation of application
Legal review of mark registrability
Representation before DPDT
Recommended for best results

Step 5: Examination by the Registrar

After filing, the Trademark Registrar conducts a thorough examination of your application.

Examination Criteria:

The Registrar evaluates:

Compliance with formal requirements
Distinctiveness of the mark
Conflicts with existing trademarks
Prohibited or restricted marks
Proper classification
Accuracy of goods/services description

Possible Outcomes:

Acceptance Application proceeds to journal publication

Conditional Acceptance Minor corrections or clarifications needed

Objection/Refusal Registrar issues show cause notice

Step 6: Responding to Objections

If the Registrar raises objections, you will receive a show cause notice detailing the grounds for refusal.

Common Grounds for Refusal:

1. Similarity/Identity Issues

Mark is identical or similar to existing registered trademark
Relates to same or similar goods/services
Likelihood of consumer confusion

2. Generic or Descriptive

Mark merely describes the goods/services
Common name for chemical element/compound
Lacks distinctiveness

3. Prohibited Marks

Contains offensive or immoral matter
Misleading or deceptive marks
Government emblems or national symbols
Restricted religious or cultural symbols

4. Bad Faith Filing

Evidence of dishonest intent
Attempting to block legitimate users

Response Requirements:

Timeline: Within 3 months of receiving objection notice

Action Required:

File detailed written response
Submit legal arguments and evidence
Provide proof of distinctiveness (if applicable)
Request hearing if necessary
Engage trademark attorney for representation

Critical: Failure to respond within 3 months results in application abandonment.

Step 7: Journal Publication

Once the Registrar accepts your application (conditionally or unconditionally), it proceeds to publication.

Publication Process:

1. Journal Notification The Registrar provides notification for trademark advertisement

2. Fee Deposit Applicant pays journal publication fees via:

Pay order
Treasury challan
Bank draft

3. Publication in Trademarks Journal DPDT sends the mark to Bangladesh Government (BG) Press for official publication

4. Public Notice Period Published mark appears in the official Trademarks Journal, giving public notice of your claim

Purpose of Publication:

Transparency in trademark system
Opportunity for third parties to oppose
Legal requirement before registration

Step 8: Opposition Period (2 Months)

After publication, there is a 2-month opposition window during which any person can challenge your trademark application.

Opposition Procedure:

1. Filing Opposition

Any interested party can file notice of opposition
Must use prescribed format and method
Must state grounds for opposition
Opposition fees required

2. Notice to Applicant

Registrar sends copy of opposition to applicant
Applicant receives full details of objections

3. Counter-Statement

Applicant has 2 months to file counter-statement
Must address each ground of opposition
Submit supporting evidence and arguments

4. Opposition Hearing

Both parties present their case
Evidence and witnesses may be presented
Legal representation strongly recommended
Registrar issues final decision

Timeline: Opposition proceedings typically add 6-12 months to the registration process.

Step 9: Final Registration & Certificate

If your application faces no opposition, or you successfully defend against opposition, the Registrar proceeds with final registration.

Registration Details:

Certificate Issuance:

Official trademark registration certificate issued by DPDT
Certificate contains registration number and details
Delivered to applicant or authorized attorney

Effective Date:

Rights take effect from original filing date
Not from registration date
Critical for establishing priority and seniority

Initial Validity:

7 years from the date of filing application
Not from registration date

Legal Rights Granted:

Exclusive use of the mark in Bangladesh
Right to sue for infringement
Right to license or assign the mark
Display ® symbol legally
Enhanced legal remedies

Step 10: Renewal & Maintenance

Trademark protection requires periodic renewal to maintain rights.

Renewal Schedule:

Initial Term: 7 years from filing date

Renewal Terms: 10 years per renewal period

Renewals: Unlimited (indefinite protection possible)

Renewal Process:

1. Renewal Application (Form TM-12)

File before expiry date
Include renewal fees
Update proprietor information if changed

2. Recommended Timeline

Apply 6 months before expiry
Avoid last-minute issues
Ensure continuous protection

3. Grace Period

Available if you miss the deadline
Additional surcharge fees apply
Limited time to restore registration

4. Updated Certificate

Receive renewed registration certificate
Updated expiry date noted

Warning: Failure to renew results in:

Loss of trademark rights
Mark becomes available for others
Expensive re-registration required
Loss of seniority and priority date

Step 11: Use and Enforcement

After registration, actively using and protecting your trademark is essential.

Proper Trademark Usage:

Display Correct Symbol:

Use ® for registered trademarks
Maintain consistent branding
Apply to all marketing materials

Quality Control:

Maintain product/service standards
Ensure consistent quality
Control how others use your mark (if licensed)

Documentation:

Keep records of trademark use
Document sales and marketing
Maintain evidence of continuous use

Enforcement Strategies:

1. Monitor the Market

Watch for similar marks in Trademarks Journal
Monitor competitors and new businesses
Track online marketplaces and e-commerce
Set up Google Alerts for your brand

2. Oppose Conflicting Applications

File oppositions against similar marks
Protect your trademark territory
Prevent dilution of your brand

3. Take Action Against Infringement

Send cease and desist letters
Negotiate settlements
File civil lawsuits for damages
Seek injunctions and orders
Report counterfeits to authorities

4. Work with Legal Counsel

Engage experienced trademark attorneys
Professional monitoring services
Swift legal action when needed

Legal Framework & Requirements

Governing Law: Trademarks Act 2009

In Bangladesh, trademark law is governed by the Trademarks Act 2009 (TA 2009), which replaced the outdated Trade Marks Act 1940.

Official Definition of Trademark (Section 2(8))

According to Section 2(8)(a)-(c) of TA 2009, “trademark” means:

(a) In relation to Chapter X (other than section 77):

(i) A registered trademark or a mark used in relation to goods for indicating a connection in the course of trade between the goods and the person having the right as proprietor to use the mark

(ii) A mark used in relation to a service indicating that the person has the right as proprietor to use the mark in the course of trade

(b) In relation to other provisions: A mark used or proposed to be used in relation to any service or goods indicating a connection in the course of trade between the goods and the person having the right, either as proprietor or as registered user, to use the mark

(c) Certification trademark

Regulatory Authority

According to Section 3 of TA 2009, the Department of Patents, Designs and Trademarks (DPDT) serves as the responsible and regulating authority for trademark registration in Bangladesh.

DPDT Background:

Established under the Patents and Designs Act 1911
Operates under the Ministry of Industries
Maintains the Trademark Registry Wing
Publishes the official Trademarks Journal

Who Can Apply for Registration?

As per Section 15 of TA 2009, any person claiming to be the proprietor of a trademark can apply for registration if the mark is:

Already in use in Bangladesh, OR
Proposed to be used in Bangladesh

Eligible Applicants:

Individual entrepreneurs
Bangladeshi companies
Foreign companies (with local address for service)
Partnership firms
Registered users or licensees

Prohibited & Non-Registrable Marks

Certain marks cannot be registered under Sections 8, 9, and 10 of TA 2009.

Section 8: Absolute Grounds for Refusal

Marks that cannot be registered:

Contrary to law or public policy
Scandalous, obscene, or immoral marks
Likely to deceive or cause confusion
Contains prohibited matter under any law

Section 9: Descriptive & Generic Marks

Marks that are not distinctive:

Generic names of goods/services
Purely descriptive terms
Common trade terms
Simple geometric shapes
Customary marks in the trade

Exception: Such marks may be registered if they have acquired distinctiveness through extensive use.

Section 10: Relative Grounds for Refusal

Marks that conflict with existing rights:

Identical to earlier registered mark
Similar to existing mark (likelihood of confusion)
Well-known trademarks protection
Protected geographical indications
Marks involving bad faith

Costs, Timeline & Renewal

Trademark Registration Fees in Bangladesh

Government fees vary based on several factors. Contact DPDT or Advocacy Legal for current fee schedule.

Fee Factors:

Number of classes (each class has separate fee)
Type of mark (word/logo/combined)
Entity type (individual/company)
Multi-class applications
Opposition or hearing fees (if applicable)

Additional Costs to Consider:

Professional attorney fees
Trademark search costs
Journal publication fees
Renewal fees (every 7/10 years)
Translation or legalization (for foreign applicants)

Typical Registration Timeline

Without Opposition:

Stage	Duration
Application Filing	1 day
Examination by Registrar	3-6 months
Response to Objections (if any)	2-3 months
Journal Publication	1-2 months
Opposition Period	2 months
Final Registration & Certificate	1-2 months
Total Estimated Time	8-14 months

With Opposition:

Total timeline extends to 18-24+ months depending on complexity of opposition proceedings.

Renewal Requirements

Validity Periods:

Initial registration: 7 years
Each renewal: 10 years
Maximum duration: Indefinite (with proper renewals)

Key Renewal Dates:

Start renewal process 6-12 months before expiry
Grace period available with surcharge
Mark your calendar to avoid lapses

How Advocacy Legal Can Help You

As a dedicated Trademark Lawyer in Bangladesh, the legal team of Advocacy Legal brings extensive knowledge and experience in safeguarding your intellectual property rights.

Our Trademark Services

1. Comprehensive Trademark Search

Professional database searches
Conflict analysis and risk assessment
Registrability opinion
Strategic advice on mark selection

2. Trademark Application & Registration

Complete application preparation
Form TM-1 drafting and filing
Proper classification guidance
Government fee management
DPDT representation

3. Objection & Opposition Handling

Expert response to Registrar’s objections
Defense against third-party oppositions
Hearing representation before DPDT
Evidence compilation and submission
Legal arguments and advocacy

4. Trademark Portfolio Management

Renewal reminders and management
Multi-class and multi-mark portfolios
International trademark coordination
Assignment and licensing agreements
Quality control guidance

5. Enforcement & Litigation

Infringement detection and monitoring
Cease and desist notices
Negotiation and settlement
Civil litigation for trademark infringement
Counterfeiting complaints
Customs recordation

6. Strategic IP Counseling

Brand protection strategies
Domain name and trademark alignment
Licensing and franchising agreements
Due diligence for M&A transactions
IP valuation and asset management

Why Choose Advocacy Legal?

✓ Local Expertise with Global Standards We understand the nuances of Bangladeshi trademark law while maintaining international best practices.

✓ Proven Track Record Successfully registered and defended hundreds of trademarks across diverse industries.

✓ Client-Centric Approach We tailor our services to your business needs and budget, providing transparent communication throughout.

✓ Comprehensive Support From initial search to enforcement, we handle every aspect of trademark protection.

✓ Strategic Thinking We don’t just register trademarks—we develop comprehensive brand protection strategies aligned with your business goals.

✓ Efficient Processing Our established relationships with DPDT ensure smooth processing and timely updates.

Industries We Serve

Manufacturing & FMCG
Technology & Software
Retail & E-commerce
Fashion & Apparel
Food & Beverage
Healthcare & Pharmaceuticals
Education & Training
Professional Services
Entertainment & Media
Hospitality & Tourism

Frequently Asked Questions

1. How long does trademark registration take in Bangladesh?

Typically 8-14 months if there are no objections or oppositions. With opposition proceedings, the timeline can extend to 18-24 months or longer.

2. What are the costs of trademark registration in Bangladesh?

Costs vary depending on the number of classes, type of mark, and whether you hire an attorney. Government fees start from a few thousand BDT per class. Professional attorney fees are additional but provide significant value through proper preparation and representation.

3. Can I register a trademark myself without a lawyer?

Yes, individuals can file applications directly with DPDT. However, hiring an experienced trademark attorney is strongly recommended for:

Comprehensive trademark searches
Proper application preparation
Responding to objections
Opposition proceedings
Maximizing chances of successful registration

4. What can be registered as a trademark in Bangladesh?

You can register:

Brand names and company names
Logos and design marks
Slogans and taglines
Product shapes or packaging (if distinctive)
Sound marks (in some cases)
Combination marks (text + logo)

You cannot register:

Generic or purely descriptive terms
Government emblems or flags
Offensive or immoral content
Marks identical to existing registered trademarks
Misleading or deceptive marks

5. How do I know if my trademark is available?

Conduct a trademark search through:

DPDT Trademark Database
Bangladesh Trademarks Journal
Professional search services
Hiring a trademark attorney for comprehensive search

Advocacy Legal provides professional trademark search services to identify potential conflicts before filing.

6. What is the Nice Classification System?

The Nice Classification is an international system that categorizes all goods and services into 45 classes:

Classes 1-34: Goods
Classes 35-45: Services

You must select the appropriate class(es) when filing your trademark application. Choosing the wrong class can result in inadequate protection.

7. Can I register my trademark in multiple classes?

Yes, you can file a multi-class application to protect your trademark for different categories of goods and services. Each class requires separate fees. This is recommended if your business operates in multiple sectors.

8. What happens if someone opposes my trademark application?

If someone files an opposition:

You’ll receive a copy of the opposition notice from the Registrar
You have 2 months to file a counter-statement
Both parties present evidence and arguments
A hearing may be conducted
The Registrar makes a final decision

Advocacy Legal provides expert representation in opposition proceedings to protect your interests.

9. How long is a trademark valid in Bangladesh?

A registered trademark is initially valid for 7 years from the date of filing the application. It can then be renewed for successive periods of 10 years indefinitely, as long as renewals are filed on time.

10. What is the difference between ® and ™?

® (Registered): Use only after your trademark is officially registered with DPDT. Using ® without registration is illegal.
™ (Trademark): Indicates a mark for which an application has been filed but not yet registered, or an unregistered common law trademark.
SM (Service Mark): Similar to ™ but specifically for services.

11. Can I use my trademark before registration is complete?

Yes, you can use your trademark before registration. In fact, prior use can strengthen your application. However, you:

Should use ™ symbol (not ®)
Have limited legal protection until registration
May be vulnerable to senior users with prior rights
Should file for registration as soon as possible

12. What should I do if someone infringes my registered trademark?

If you discover trademark infringement:

Document the infringement (photos, screenshots, purchases)
Consult a trademark attorney immediately
Send a cease and desist letter demanding they stop
Negotiate a settlement if possible
File a civil lawsuit for injunction and damages if needed
Report counterfeits to customs and law enforcement

Advocacy Legal provides comprehensive enforcement services to protect your trademark rights.

13. Can I sell or license my trademark?

Yes, registered trademarks can be:

Assigned (sold) to another party
Licensed for use by others under specific terms
Franchised as part of a business system
Used as collateral for financing

All assignments and licenses should be recorded with DPDT to maintain proper chain of title. Advocacy Legal assists with trademark transactions and agreements.

14. Do I need separate registrations for my logo and brand name?

It’s highly recommended to file separate applications for:

Your word mark (brand name alone)
Your logo or design mark
Any slogans or taglines

This provides maximum flexibility and protection. If you only register a combined mark, you may not be protected if you later want to use the name or logo separately.

15. Is trademark registration mandatory in Bangladesh?

No, registration is not mandatory but is strongly recommended. Without registration:

You have limited legal protection
Cannot use the ® symbol
Difficult to enforce rights against infringers
May lose your mark to someone who registers it first
Cannot claim statutory damages in infringement cases

16. Can foreign companies register trademarks in Bangladesh?

Yes, foreign companies can register trademarks in Bangladesh. Requirements:

Provide a local address for service in Bangladesh
Appoint a local trademark attorney or agent
Submit properly legalized documents
Follow the same registration process as local applicants

Advocacy Legal regularly assists international clients with Bangladesh trademark registrations.

17. How does Advocacy Legal charge for trademark services?

We offer transparent, competitive pricing tailored to your needs:

Fixed fees for straightforward registrations
Hourly rates for complex matters and litigation
Package deals for multiple trademark registrations
Flexible payment plans for startups and small businesses

18. What happens if I don’t renew my trademark on time?

If you miss the renewal deadline:

Grace period is available with additional surcharge fees
After grace period expires, your registration lapses
Your trademark becomes available for others to register
You lose all rights and protection
Re-registration requires filing a new application

Advocacy Legal provides renewal reminder services to ensure you never lose your trademark rights.

Secure Your Brand with Advocacy Legal

Trademark registration is not just a legal process—it’s a strategic investment in your brand’s future and your business’s success. In Bangladesh’s competitive marketplace, protecting your intellectual property is essential for long-term growth and market position.

Take Action Today

Don’t leave your brand vulnerable to infringement, imitation, or loss. Whether you’re a startup launching a new brand, an established company expanding your trademark portfolio, or facing trademark challenges, Advocacy Legal is here to guide you every step of the way.

Our commitment to you:

Expert guidance through every stage of trademark registration
Proactive protection strategies tailored to your business
Responsive communication and transparent processes
Aggressive enforcement when your rights are threatened
Long-term partnership for your IP needs

Contact Advocacy Legal – Best Law Firm in Dhaka

Ready to protect your brand? Contact Bangladesh’s trusted trademark law experts today.

Get Started in 3 Easy Steps:

1. Free Consultation Schedule a no-obligation consultation to discuss your trademark needs

2. Trademark Search We’ll conduct a comprehensive search and provide a registrability opinion

3. File Your Application We handle everything—from preparation to registration certificate

Reach Us:

Advocacy Legal Best Law Firm in Dhaka, Bangladesh

Phone: +88 01795762000 Email: info@advocacylegalbd.com Website: www.advocacylegalbd.com Office: 3rd Floor, House-37, Road-7, Sector-3, Uttara, Dhaka-1230, Bangladesh.

Office Hours: Saturday – Thursday: 9:00 AM – 6:00 PM Friday: Closed