Global Trademark GO - Bangladesh - Introduction to Bangladesh Trademark Application

In recent years, the Internet coverage in Bangladesh has grown rapidly. There are currently about 2,000 independent e-commerce websites in Bangladesh. The e-commerce platforms that are widely favored by Bangladeshi people include Daraz, Chal Dal, ClickBD, etc. Among them, the most popular categories are mainly There are fashion categories, electronic products, toys, hobbies and DIY, furniture and home appliances, etc. Data shows that in 2020, the size of Bangladesh's e-commerce market has reached US$2 billion, and e-commerce business has grown by 166%; by 2023, the size of Bangladesh's e-commerce market has reached US$3 billion.

The current legal basis for trademarks in Bangladesh is the Trademark Law promulgated on March 24, 2009, and adopts a one-mark, one-category system. Multiple-category applications are not accepted, and applications for each category of trademarks need to be submitted separately. Bangladesh adopts the first-to-use principle. Registered trademarks require that they have been used or intended to be used. General commodity trademarks, certification trademarks, defensive trademarks, joint trademarks, series trademarks, color trademarks and textile trademarks can be registered. The commodity classification is the same as the International Commodity Classification.

1. Trademark authority

• Bangladesh Intellectual Property Office: Department of Patents, Designs and Trademarks Ministry of Industries, abbreviation: DPDT
• Website: পেটেন্ট, ডিজাইন ও ট্রেডমার্কস অধিদপ্তর (dpdt.gov.bd)

2. How to apply for trademark registration

• paper submission

3. Trademark registration application language

• English; Bengali

4. Documents required for trademark registration application

• Applicant’s Chinese and English name and address
• Specific goods or services
• Trademark name, design
• The original signed power of attorney must be notarized and certified
• Priority document (if any)

When applying for a trademark in Bangladesh, you need to indicate the basis of the application, that is, intended use or actual use. However, evidence of use does not need to be submitted during the registration and renewal stages.

5. Bangladesh trademark registration application process

• After the applicant submits the application, DTPT will review the application to check whether the trademark is registrable and whether there are similar trademarks that have been registered previously. If the examination fails, the Trademark Office will issue a notice of rejection and require the applicant to respond within a certain period. If the applicant fails to respond within the time limit or the response is unsuccessful, the application will be deemed to have been abandoned. If the trademark passes the review and authorization, DPDT will publish an announcement in the official trademark journal for 2 months. At this stage, anyone can object to the trademark within this time. Once a trademark is opposed, DPDT will serve a copy of the objection notice to the applicant, and the applicant must respond to the reasons for the objection within 3 months, otherwise the application will be deemed abandoned. Registration: If the trademark does not receive any objection or the objection is rejected during the announcement period, the applicant shall pay the official fee for registration. The Office will issue a registration certificate to the applicant.

6. Documents required for trademark change/transfer

• Trademark application or registration number
• Changed name or address
• Original transfer agreement or notarized copy of transfer agreement
• Power of attorney signed by the assignee

7. Trademark cancellation

• If a Bangladesh trademark has not been used for five consecutive years after application, anyone can request to cancel the trademark. A request for trademark invalidation or cancellation can be filed with the Trademark Registry or the court, which takes about 4-5 years. The respondent can generally provide the following evidence materials to respond to other people's cancellation applications on the grounds of "non-use", such as invoices, labels, advertisements, packaging, decoration, written statements, product catalogs, market survey results, turnover evidence, and quotations. wait.

8. Trademark objections

• Within 2 months after the trademark is announced, anyone can file an objection to the trademark within this time. The deadline for filing a Notice of Objection may be submitted for up to three extension requests of one month each time, up to a maximum of three months.

9. Authorization, validity period and trademark renewal

• The validity period after trademark registration is different from the validity period after renewal. The initial validity period is 7 years from the date of application, and will be extended once every 10 years upon expiration.

10. Average time for trademark authorization

• There is no expedited examination system for registered trademarks in Bangladesh. Under smooth conditions, it will take approximately 24-36 months to complete registration.

11. Other matters needing attention

• Trademark registration fees in Bangladesh have increased significantly since November 24, 2021. Trademark search fees have increased by 20%, trademark announcement fees have increased by approximately 167%, registration fees have increased from US$300 to US$400, and renewal fees have increased from US$188. It rose to $288.