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Divorce Procedure in Bangladesh: A complete guidance in 2025

Divorce Procedure in Bangladesh: A complete guidance in 2025

by | Oct 15, 2019 | Law, BD Law, Family

How to file a divorce in Bangladesh? We explain it here in simple terms.

Taking a divorce in Bangladesh could have an effect on both partners if the correct procedures are not followed.The following post & Infographics will give you a thorough overview of divorce procedure in Bangladesh.

Divorce procedure in Bangladesh:

Marriages and Divorces (Registration) Act, 1974 oversees the procedure of divorce in Bangladesh. Divorce is the only valid way to end a relationship other than an act of God. The divorce PROCESS IS VERY STRAIGHTFORWARD IN BANGLADESH. The simple three steps are:

i) Giving written notice,

ii) Meeting the ARBITRATION TRIBUNAL,

iii) After the expiry of 90 days, taking the Registrar’s registration certificate.

Here in the following paragraphs we will explain the procedure of divorces amongst all communities and faith in Bangladesh. 

Muslim divorce law in Bangladesh:

Divorce is the legal dissolution of the material bond between the parties complying with the requirements of the law. Nevertheless, Islamic law means a distinction between the breakup of the marital relationship by the party filing for divorce. In general, Muslim law provides for two forms of divorce that include:


(i) Extra-judicial divorce and
(ii) Judicial divorce.

Extrajudicial divorce consists of three types,

(i) divorce by the spouse (talaaq, ila, zihar),

ii) by the wife (talaaq-e-tawfeez, lian) and

iii) through mutual consent (khula, muba’rat).

Here the talaq classification in details:

1: Talaq from the Husband 

Simply ‘Talaaq’ is a divorce by the husband. If the husband pronounces talaaq once during a tuhr that leads to abstinence from sexual intercourse in order to complete the iddat duration, the talaaq will become SUCCESSFUL. The tuhr period is the interval between menstruations.

2: Talaaq-e-Tawfeez by Wife

Talaaq-e-Tawfeez is a divorce procedure in which the wife may, on her own behalf, renounce her marriage in accordance with the delegation provided by her husband. Now, this is a bit complicated, as the provision of this talaaq has to be drawn up in the niqahnama under section 18 with the permission of the husband.

3: Talaaq through mutual agreement

Here both husband and wife through their mutual perticiaption aims for a seperation. It’s also termed as Mubarat. Mubarat is also one kind of dissolution of marriage where both of the parties want mutual separation and the aversion is mutual.

“Under traditional Islamic law a bare talaq divorce is deemed to have taken place when the husband pronounces three times “I divorce thee”. This pronouncement dissolves the marriage instantly.”

Divorce procedure in simple 5 steps: 

“Men may seek divorce by

(i)pronouncing talaq and then

(ii) giving written notice to the chairman of the union parishad or other appointed official and

(iii)a copy to his wife.

(iv)the chairman is then bound to constitute an arbitration council charged with the task of attempting reconciliation between the parties.

(v) if such efforts fail, divorce is generally effective after ‘iddat’ – a three month period that must pass before the divorce becomes effective – or, if the wife is pregnant at the time of talaq, at the end of her pregnancy, whichever occurs later.”

Steps towards dissolution of Hindu marriage:

➤ Petition to file for divorce –

First of all, a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both husband and wife on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more.

This petition will, then, be signed by both the parties.

➤ Appearing before Court and inspection of the petition-

After that, both the parties will have to stand before the family court after the filing of the petition. The parties would present their respective The legal Source/lawyers

The court would gradually observe the petition along with all the documents presented in the court by the The legal Source of both parties individually.

The court may even attempt to bring reconciliation between husband and wife; however, if this is not possible, the matter proceeds for further follow-ups.

➤ Passing orders for a recording of statements on oath-

Eventually, the petition is examined by the court and it satisfies, court may order the party’s statements to be recorded on oath.

 ➤The first motion:

The first motion shall be passed and a period of 6 months shall be given before the second motion Then, once the declarations have been made, a decision on the first motion shall be given by the court. After that, all parties will be GRANTED A SIX-MONTH PERIOD OF DIVORCE BEFORE THEY CAN FILE a second petition. The maximum time period for filing a second request is 18 months from the date of submission of the divorce application to the Family Court.

➤The second motion :

Second motion and final hearing of the petition Once the parties have decided to proceed further with the proceedings and to appear on the second motion, they can proceed with the final hearing. It includes the presentation of the parties and the recording of the comments before the Family Court.Recently, the Supreme Court has held that the 6 months period given to the parties can be waived off at the decision of the court.

Therefore, the parties who have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties, this six months it can be waived off. Even if the court is of the opinion that the waiting period will only extend their sufferings, the six months can be waived off in this case also.

➤ Decree of Divorce

In the case of a joint divorce, the two parties must have given their consent and there must be no discrepancies in the issues relating to the estate, custody of the child, care, property, etc. There must therefore be a complete AGREEMENT between the parties on the final decision on the dissolution of the union.
If, after hearing the parties, the court is satisfied that the claims in the petition are valid and that there can be no hope of reconciliation and cohabitation, it may pass a divorce decree ordering the marriage to be dissolved.

The divorce comes to an end once the divorce order has been signed by the judge.

Divorce Registration in Bangladesh

(1) A Nikah Registrar may register a divorce effected under Muslim Law within his jurisdiction on application being made to him for such registration.

(2) An application for registration of a divorce shall be made orally by the person or persons who has or have effected the divorce:

Provided that if the woman be a parda-nashin, such application may be made by her duly authorised vakil.

(3) The Nikah Registrar shall not register a divorce of the kind known as Talaq-i-tafweez except on the production of a document registered under the REGISTRATION ACT, 1908 (XVI of 1908), by which the husband delegated the power of divorce to the wife or of an attested copy of an entry in the register of marriages showing that such delegation has been made.

(4) Where the Nikah Registrar refuses to register a divorce, the person or persons who applied for such registration may, within thirty days of such refusal, prefer an appeal to the Registrar and the order passed by the Registrar on such appeal shall be final.

CHRISTIAN DIVORCE LAW IN BANGLADESH:

Divorce in Christian marriage can not be induced by a declaration of divorce by either side or by mutual agreement, except by a court order. The provisions for the dissolution of Christian marriage by order of the court was included in the Divorce Act of 1869. Under the provisions of this Act, any husband may make a PETITION TO THE DISTRICT JUDGE’S COURT OR TO THE SUPREME COURT OF BANGLADESH for the dissolution of his marriage on the ground that his wife is guilty of adultery. Likewise, any woman can make such a petition to either court for the dissolution of her marriage on any of the following grounds:

(i)I that the husband, after marriage, has converted to any religion other than Christianity and has married another woman;

(ii) that the husband is guilty of incestuous adultery;

(iii) that the husband is guilty of adultery with bigamy;

(iv) that the husband is guilty of marriage with another woman and adultery;

(v) that the husband is guilty of rape, sodomy or bestiality;

(vi) that the husband is guilty of adultery;

(vii) that the husband was guilty of adultery combined with desertion for two years or more without a reasonable excuse.

If the court is satisfied on the basis of evidence of the alleged ground and is satisfied that the complaint is not collusive or that there is no connivance or condonation of the alleged act of adultery, an order for dissolution of the marriage is issued.

A district judge can, subject to approval by the High Court Division, issue a decree for the dissolution of marriage nisi. The Board of Three Judges of the High Court Division may, by majority opinion, approve such a decision after hearing or further examination or taking further evidence.

Following the dismissal by the district judge of the petition for dissolution of the marriage, the petitioner may submit a similar petition to the High Court Division. The three judges of the High Court Division may also, by majority opinion, issue an order for the dissolution of marriage on a petition filed before the High Court Division. Either of the above two courts may also issue an order for the nullity of marriage on any of the following grounds:

(i) that one of the parties was powerless;

(ii) that the parties are within the forbidden degree of consanguinity or affinity;

(iii) that either party is insane at the time of marriage;

(iv) that the former husband or wife of either party existed at the time of marriage, and that marriage was then in effect.

Once, the husband or wife can, without a reasonable excuse, seek a judicial separation order from either court on the grounds of adultery, abuse or desertion for two years or more. Such an order for judicial separation may be overturned by the court on the basis that it was imposed in its absence and that there was a reasonable excuse for the suspected desertion. The court may also issue an order to protect the estate of a deserted woman.

Likewise, an order for the restoration of conjugal rights may also be issued if either the husband or the wife has withdrawn from the other’s business without a reasonable excuse.

Hire TRW for help with your Divorce or Marriage in Bangladesh:

Tahmidur Rahman Remura Wahid LAW FIRM IN BANGLADESH provides legal advice on marriage and divorce:

TRW’s Barristers, Advocates, and Lawyers in Mohakhali DOHS, Dhaka, Bangladesh have extensive experience dealing with marriage, divorce, and alimony. It has experience consulting and assisting numerous international clients with utmost care and attention throughout their legal troubles, in addition to handling various issues related to marriage and divorce among domestic clients on a regular basis.

Please contact us at:

E-mail: INFO@TAHMIDUR.COM
or INFO@TRFIRM.COM

Phone: +8801847220062 | +8801779127165

Address: House 410, Road 29, Mohakhali DOHS, Dhaka.

 

The complete process of Trademark Registration in Bangladesh

The complete process of Trademark Registration in Bangladesh

by | Sep 20, 2019 | Law, BD Law, Intellectual Property

Step by Step Trademark Registration in Bangladesh | The complete procedure, how to apply, cost and filling requirement in 2023 | Trademark Fee, Trademark Application

Tahmidur Rahman, Senior Associate, TR Barristers in Bangladesh

Posted on 4th July 2019, Updated September 2020

This post will explain in details about Trademark Registration in Bangladesh | The complete procedure, how to apply, cost and filling requirement in 2020. | Everything about Trademark registraion and filing in  Bangladesh that you need to know and be aware of.

Table of Contents

Find the subsections below, If you want to jump through specific sections instead of reading the whole article.

Trademark Filling Trademark Registration in Bangladesh
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Feel free to call us at : +8801847220062 or +8801779127165

What is a Trademark?

Usually, a trademark is a name, term, sentence, logo, emblem, style, illustration, or a combination of these elements. There are also a variety of non-conventional trademarks composed of trademarks, such as those based on colour, scent or sound, that do not fit within these traditional categories.

In order to prevent the unauthorized use of that trademark, the owner of a registered trademark may initiate legal proceedings for trademark infringement.

Trademark Registration in Bangladesh, however, should not be deemed as absolutely necessary. A common law trademark owner can also file a lawsuit, but an unregistered trademark can only be protected in the geographical area for which it has been used or in the geographical areas to which it may fairly be assumed to extend.

The term trademark is also used informally to refer to any distinguishing attribute, such as the well-known features of celebrities, by which an individual is easily identified. If a trademark is used for services rather than goods, it may also be referred to as a service mark.

A trademark is a distinctive symbol or indicator used by a person, a commercial company or some other legal body to assist customers in the recognition of the origin of their goods or services for which the trademark occurs and to differentiate their goods or services from those of other individuals.

Now we will dive deep down on the trademark registration in Bangladesh, the filing process, the fees and the costs involved.

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How to Apply for a Trademark in Bangladesh

Any individual claiming to be the proprietor of a trade mark can apply for registration of the mark with the Registrar. Both natives and foreigners have equal rights in this respect, but a local agent must represent a foreign claimant to do the trademark registration in Bangladesh.

Trademark application in Bangladesh can be filed in two categories:

(1) Ordinary Applications
(2) Convention Application (claiming priority from a convention country)

 Priority or conventional trademark applications in Bangladesh

To do a Priority trademark registration in Bangladesh applications in Bangladesh should be submitted within 6 months of the date on which the claim was made in the country of the convention.

Multi-class trademark application in Bangladesh 

In Bangladesh, a trademark application can be filed in the manner prescribed for a single class only with the Registrar of Trademarks and with an application number. In Bangladesh, multi-class patent applications can not be submitted. Application for a Trademark registration in Bangladesh or Preference Trademark A submission from a convention country requesting preference can also be lodged in Bangladesh within 6 months of the priority date.

 

How to file an application for a trademark in Bangladesh with simple 8 steps

The foregoing shall be used in an order to register a trademark in Bangladesh;

1. Name and full address of the applicant:

If the applicant is a corporation, the name and title of the signatory (such as director, chairman) shall also be sought.

2. Applicant status

Applicant status whether the applicant is Merchandisers / Productors / Service Providers or both.

3. Mark / Logo / Device prints:

Mark / Logo / Device prints and describes whether it is a word mark or a device mark or a merged mark.

4. Goods / Services specification and class

5. Day of use of the symbol in Bangladesh (whether the symbol is in use or suggested in Bangladesh to be used).

6. POA (No original or notarization or legalization needed, only sufficient SCANNED copy)

7. Fee Prescribed

8. Priority Application

In Bangladesh, there is a provision for priority requests. In that regard, within 6 months of the date of that earlier filing, the claimant for registration of a trade mark seeking to take advantage of the priority of an earlier application lodged in a convention country shall add to his application a written statement stating the date and number of the earlier application.

If the priority document is in some language other than English, the English version of the priority document should also verified / notarized for a swift trademark registration in Bangladesh.

Stage 1: Filing

Anyone can file claiming priority or ordinary application

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Stage 2: Examine

Once the claim has been filed, the Registrar shall evaluate the distinctiveness, identification or resemblance of the trade mark with existing registered trade marks and the general accordance with the provisions of the Statute of the Registrar.

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Stage 3: Publication

If the examiner is pleased as above (at the examination stage), the label will be released for opposition purposes in the Trademarks Journal.

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Step 4: Registration

Where no opposition is received or resolved the same in favour of the Applicant, the Registrar issue a Certificate of Registration for an initial period of seven (7) years from the date of filing.

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Trademark Registration in Bangladesh

Trademark Registration Procedure in Bangladesh is regulated by Trade Marks Act, 2009 and Trade Marks Rules, 1963. However, any individual claiming to be the owner of a trademark needs to apply to register the trademark in Bangladesh.

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Trademark searches in Bangladesh

Trademark search in Bangladesh:

For trademark registration in Bangladesh, the search may be conduceted for both word and device marks. In order to assess the availability of trademarks, the presence of prior identical / similar marks on the register, etc., it is advisable to perform a trademark check before filing a trademark application in order to prevent any objection or opposition with regard to the mark.

While a search is not necessary for the filing of an application, it is advisable, before filing an application, to conduct a preliminary search for the proposed trade mark in order to prevent any objection and opposition to the trade mark at a later date.

Trademark searches in Bangladesh can be performed for word marks, numerals, labels and system marks. Device mark searches can be carried out using the Vienna code.

Trademark searches can be categorized in the following categories:
(a) Search through Word Mark
b) Search through Device mark

Word Mark Search:

Trademark word search version of Bangladesh follows the Nice Classification and trademark applications can be filed for products in Classes 1-34 and services in Classes 35-45. Trademark searches in Bangladesh can be performed for the desired class and related classes.

It is advisable to conduct a thorough search for trade mark clearance in Bangladesh in order to ascertain the availability of the proposed trade mark and also to address any resistance and opposition to the trade mark at a later date.

In addition to looking for trademarks, it is also advisable to search the proposed trademark in Bangladesh for a detailed company search and domain search.

Device Mark Search:

It is advisable to perform a systematic search for a figurative trademark. Device marks shall include individual marks such as stylized letters, numerals, shapes, plants, celestial beings, living creatures, etc. or a mixture of marks containing device marks.

The hunt for a system mark in Bangladesh can be carried out between the marks filed and registered in accordance with the Vienna Code Classification.

Trademark Application Filing categories in Bangladesh

Applications for trademarks in Bangladesh can be filed in two categories:

Ordinary Applications: 

Ordinary trademark applications filed in Bangladesh are non-priority applications. A trademark application is typically filed on the form TM-1. Applications for multi-class trademarks can not be filed in Bangladesh.

However, the Trademarks Act also lays down provisions concerning the filing of priority applications where the priority of the trade mark can be asserted in the said trade mark filed in the Convention country.

Trademark Applications (Priority Trademark Applications)
A priority trade mark application should be filed in Bangladesh within 6 months of the date on which the application was made in the Convention country. A certified copy of the priority documents must be filed within 3 months of the date of the submission for the Convention in Bangladesh.

The Paris Convention for the Protection of Industrial Property, signed in Paris , France, on 20 March 1883, created the Union for the Protection of Industrial Property. It provides national treatment to the applicant residing in the Member State of the Union, national treatment is a very important concept and is necessary for the achievement of the fundamental objective of the Paris Convention for trademark registration in Bangladesh.

 

The idea is to ensure fair treatment of applications from Member States in the Member State concerned and not to discriminate between nationals of Member States for grant purposes and protection of industrial property.

Priority applications may be lodged in Bangladesh within six months of the date on which the request was made in the countries of the Convention. The trade mark, if licensed under the Act , shall be licensed as from the date on which the application was made in the Convention country and shall be considered to be the date of registration for the purposes of the Act.

Trademark classes in Bangladesh

In Bangladesh, a trade mark application can be filed in 45 classes: Classes 1 to 34 for goods and Classes 35 to 45 for service marks.

 

 

The Trademarks Rules of 1963 were published in the exercise of the powers conferred by section 84 of the Trademarks Act of 1940 and the Rules of Procedure came into force on 2 April 2004.

The Trademarks Act, 2009 has been amended and the Trademarks Register Wing, Bangladesh empty Notification S. R. O. No.211—Law/2008 dated 30 June 2008 has been notified by expanding the classification of products and services to 1 to 45. Service mark applications are also now being lodged and prosecuted in additional service grades, i.e. 43 to 45.

 

Trademark filing process in Bangladesh

An application for registration of a trade mark must be filed with the Department of Patents, Designs and Trademarks (DPDT), Dhaka, in the specified form, with payment of the necessary fees.
Further information on the filing of trademark applications can be found on the Trademark Registry website, Bangladesh, under the following link: http:/www.dpdt.gov.bd/

Requirements for the submission of a trademark application in Bangladesh

Any individual who claims to be the owner of a trade mark can make an application for registration of the trade mark in respect of his goods / services. It should be filed with the trademark office, Dhaka.

After filing a trade mark application, the same shall be reviewed by the Trade Marks Registry, Dhaka, as to its inherent registrability and/or any similarities with existing marks. If an objection is raised, an official investigation report will be released by the Trademarks Registry.

Duration of Trademark registration in Bangladesh

If a trade mark is registered in Bangladesh, it shall be valid for a period of 7 years from the date of registration. The registration of a trade mark could then be extended for a further period of 10 years from the date of expiry of the registration or the last renewal of the registration.

Trademark prosecution in Bangldaesh

As we have explained earlier:

The process for filing a trade mark in Bangladesh is as follows:

Trademark filing in Bangladesh –

Trademark application in Bangladesh can be filed for a single class only. Applications for multi-class trademarks can not be filed in Bangladesh. Application for a trade mark or a priority trade mark Applications requesting priority from a convention country can also be filed in Bangladesh within 6 months of the priority date.

Official Review of a Trademark in Bangladesh / Issue of Office Action – Once an application has been filed, the Registrar shall investigate the distinctiveness, the potential for misleading and contradictory trademarks.

If an objection to registration is raised, the Registrar shall submit an official review report within 6 months to 1 year, depending on the backlog of the registry.

The Registrar can, subject to the provisions of the Ordinance, approve or deny an application. A trade mark application in Bangladesh may be refused / objected by the Registrar on the following grounds:

  • The mark is similar / identical to the earlier mark for the same or similar goods / services.
  • The trade mark is similar / identical to the earlier trade mark in respect of various goods / services.
  • The label is the widely used and accepted name of any specific chemical element or chemical compound.

    However, the above categories of trade marks may be registered if the owner of the earlier trade mark has consented to it or if there has been an honest parallel use of the later trade mark.

Trademark which can not be registered in Bangladesh

As we have explained earlier:

(a) consisting of, or consisting of, some scandalous or pornographic matter;

(b) the use of which will, for the time being, be contrary to any law; or
(c) the use of which is likely to be misleading or confusing; or
(d) which contains any matter likely to affect the religious sensitivities of any class of Bangladeshi citizens;

(e) which is identical with, or imitates, or contains as an element, the armorial bearing, flag or other emblem, the name or abbreviation or initials of the name or official sign or symbol adopted by any State or international organization founded by an international convention, charter or other instrument, unless approved by the competent authority of that State or organization;

(f) which would otherwise be dissented from defense in a court of law;
(g) the request is made in bad intentions and in bad faith;

Furthermore, the objections raised by the Registrar with respect to the application are forwarded to the applicant and, within 90 days, the applicant must file an acceptable reply with the supporting documents to the official objections. The Registrar may consider the request on the basis of the reply and the documents submitted or may list the request for a hearing.

In trademark registration in Bangladesh, an appeal against the decision of the Registrar at or without the hearing can be lodged by the applicant within 1 month from the date of such notification to the Registrar, requiring him to state in writing the grounds and the materials used by the Registrar in arriving at his decision.
When an application for registration of a trade mark is approved, the Registrar shall publish it in the Official Trade Marks Journal and shall make it available on the Registry ‘s website.

Trademark publication in Bangladesh

Publication / Publication of a Trademark in Bangladesh –

After review and approval of the reply by the Registrar, the application is ordered for publication / publication in the Trademarks Journal. An application is published in the Trademarks Journal in order to allow the public to file an objection to the registration of a trade mark.

Opposition to the published trade mark in Bangladesh –

Upon publication of the trade mark in the Trademarks Journal, any person may object to the registration of the said trade mark by filing a notice of opposition within a specified period of 2 months from the date on which the Trademarks Journal is made available to the public.

The time limit for filing a notice of opposition can be extended by a maximum duration of 3 months upon filing a stated request for an extension of time of three months for a period of one month each along with the prescribed fee.

Renewal of trademark in Bangladesh

The application shall continue to be registered if there is no opposition or if the opposition has been submitted and it has been determined in favor of the applicant. The mark shall then be registered for a period of 7 years from the date of filing of the application and the certificate of registration shall be issued.

The trade mark may be extended from time to time for an indefinite period by payment of renewal fees, failing which the trade mark may be withdrawn from the Register on account of non-renewal. Each renewal period shall be for a period of 10 years.

Filing and opposition of a trademark in Bangladesh

Upon publication of a trade mark in the Trademarks Journal, any person may file an opposition against registration of the said trade mark in Bangladesh by filing a notice of opposition within a specified period of 2 months from the date on which the Trademarks Journal is made available to the public.

The time limit for filing a notice of opposition can be extended by a maximum duration of 3 months upon filing a stated request for an extension of time of three months, each with the prescribed fee.

The trademark application can be challenged in Bangladesh on the grounds set out in Sections 8 , 9 and 10 of the Trademarks Act 2009.

Where an opposition is lodged against a trade mark in Bangladesh, a copy of the notice of opposition so lodged shall be served on the applicant by the Trade Marks Registry and the applicant shall be allowed to file a counter-statement within 2 months of receipt of the notice sent by the Registry, failing which the application shall be regarded as abandoned.

Subsequently, the Registrar shall request written documentation from all parties. If the dispute is not settled by the parties, the hearing shall be determined on the matter.

The Registrar shall decide the case in the opposition proceedings. In the absence of an opposition, a trade mark shall be registered and a certificate of registration shall be issued.

Restoration and Renewal of Trademark in Bangladesh

Renewal of trademark in Bangladesh

A trade mark may be renewed in Bangladesh from time to time for an indefinite duration upon payment of renewal fees, failing which the trade mark may be withdrawn from the Register on account of non-renewal. Each renewal period shall be for a period of 10 years.

The process for filing a renewal of a trademark in Bangladesh is as follows: a request for renewal of a trademark in Bangladesh can be filed within 6 months prior to the date of registration / renewal if it is accompanied by the necessary renewal fees in the specified form.
Requests for renewal of a trade mark in Bangladesh can be filed within 6 months after the date of registration / renewal, provided they are accompanied by the required renewal fees on the prescribed form.

Restoring trademarks in Bangladesh:

If, on grounds of non-renewal, a trade mark has been withdrawn from the Register, the same may be reinstated by filing an application in the specified form for the restoration of the trade mark within 1 year from the expiration of the last registration of the trade mark.

Trademark filling fee schedule and forms

Details regarding the Trademark forms can be accessed at the following link:
Bangladesh Trademark Forms
Details regarding the Trademark Filings fees can be accessed at the following link:
Bangladesh Trademark Filing Fees

Types of Trademark Application

Applications for trademarks in Bangladesh can be filed in two categories:
(1) Ordinary applications
(2)Convention Application (claiming priority from the country of the Convention)

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RECAPPING AT A GLANCE

Ordinary Trademark Application

Ordinary trademark applications filed in Bangladesh are non-priority applications. A trademark application is typically filed on the form TM-1. Applications for multi-class trademarks can not be filed in Bangladesh. However, the Trademarks Act also lays down provisions concerning the filing of priority applications where the priority of the trade mark can be asserted in the said trade mark filed in the Convention country. – Trademark Registration in Bangladesh

Priority Trademark Application

A priority trade mark application / convention application for a trade mark should be filed in Bangladesh within 6 months of the date on which the application was made in the Convention country. A certified copy of the priority documents must be filed within 3 months of the date of the submission for the Convention in Bangladesh.- Trademark Registration in Bangladesh

Paris Convention

The Paris Convention for the Protection of Industrial Property, signed in Paris , France, on 20 March 1883, created the Union for the Protection of Industrial Property. It gives national care to the applicant residing in the member country of the union, in other words. National care is a very important concept and is necessary for effectively achieving the fundamental goal of the Paris Convention.

The idea is to ensure fair treatment of applications from Member States in the Member State concerned and not to discriminate between nationals of Member States for grant purposes and protection of industrial property. Priority applications may be lodged in Bangladesh within six months of the date on which the request was made in the countries of the Convention. -Trademark Registration in Bangladesh

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STEP BY STEP Process of a Trademark Registration in Bangladesh through 5 simple steps.

 

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STEP 1:

FILING AN APPLICATION

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Submission Reuirement

An application has to be submit along with few information and documents which are listed below:

  • Particulars of the mark/logo/device prints or representations
  • Name of the applicant, address and nationality
  • If the applicant is a firm then signatory’s name and position
  • Status of the application i.e.
    manufacturers/merchandisers/ service providers
  • Specification of goods/ service/class
  • Trademark date of user (whether the mark is in use or proposed to be used in Bangladesh)
  • Power of Attorney authorizing to the lawyer if it requires
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Government fee for trademark application

The government fee for filing the application for registration is 3500 (three thousand and five hundred taka) or equivalent to USD. 42 (Forty Two). You can get more information on government fee for registration here.

Phone: +8801847220062 or +8801779127165
Trademark Registration in Bangladesh_tahmidur rahman

Jurisdiction to file a trademark in Bangladesh

The application needs to file at the Head office or any branch of the Trademark Registry having territorial jurisdiction over the principal place of business.

Furthermore, If the person does not carry on business in Bangladesh, the application needs to file in the office having territorial jurisdiction over the place mentioned in the address for service in Bangladesh.

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STEP 2:

Substantive and Formalities Check of a trademark in Bangladesh

Trademark Registration in Bangladesh tahmidur rahman

Acknowledgement of the Application

Upon receiving the application along with government fee, the Registrar will issue an automatic generated receipt. The receipt includes information related to trademark filing, e.g. Application Number, application date, trademark, etc.

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PROSECUTION OF OFFICE ACTION FOR A TRADEMARK IN BANGLADESH

After the application has been filed, the Registrar shall review the distinctiveness, the risk of fraud and the conflicting trademarks. If an objection to registration is raised, the Registrar shall submit an official review report within 6 months to 1 year, depending on the backlog of the registry.

The Registrar can, subject to the provisions of the Ordinance, approve or deny an application.

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Trademark Registration in Bangladesh_tahmidur rahman law firm

Examination by the registrar

After an application has been filed, the Registrar shall review the trademark for its distinctiveness, identicalness or resemblance to existing registered trademarks and general compliance with the provisions of the Statute.

If the Registrar is pleased, he shall issue a letter of approval for the trade mark to be published in the Trademarks Journal for opposition purposes (smooth case). Otherwise, the Registry raised the objection / refusal notice (OFFICE ACTION) and demanded a written reply on the objection or refusal notice (non-smooth case).

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STEP 3:

Journal Publication of a Trademark Registration  in Bangladesh

Trademark Registration in Bangladesh

Publication Cost and Timeline

The Official fee of the publication cost would be around VAT: BDT 1150 or USD 20 + Law Firms fee and the timeline would be 8 to 12 months from the date of the publication fee deposited.

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Trademark application Trademark Registration in Bangladesh best ip law firm in dhaka

Publication Stage

Thereafter, if anyone has any dispute as to the proposed trademark, he can raise it within 2 (two) months from the date of publication.

The reason behind the journal publication is to invite the public for filing opposition against the registration of a mark.

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Trademark law firm in bangladesh

Passing the registrar

If there is no office action or notice after review, if the Examiner is satisfied as mentioned above (in stage 2), the Registrar shall approve the trade mark for advertising in the Trademarks Journal for opposition purposes.

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STEP 4:

Opposition Proceedings  of a Trademark Registration in Bangladesh

Government Fee for opposition

If there is no office action or note After review, if the Examiner is satisfied as mentioned above (in stage 2), the Registrar shall approve the trade mark for advertising in the Trademarks Journal for opposition purposes.

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Opposition Process

The Registrar having received the notice of Opposition, sends a copy of the Notice of Opposition to the Applicant.  Thereafter, the Applicant will get an opportunity file a Counter-Statement with in 2 (two) months of receiving the notice.

The Counter-Statement should contain the grounds in supporting the claim. The government fee for filing counter-statement is 1500 (one thousand and five hundred taka).

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Trademark Registration in Bangladesh_top IP Law firm in bangladesh

Counter Statement and Appeal

Upon receipt of the Counter-Statement, the Registrar shall forward a copy to the Opponent. The Registrar shall then rule on the contested matter at the hearing of both parties.

However, an appeal can be brought before the High Court against the decision of the Registrar. However, the opposition proceedings should be filed within 120 (one hundred and twenty) working days of receipt of the order.

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STEP 5:

Final Registration Proceedings  of a Trademark in Bangladesh

BEST Trademark Registration law firm in Bangladesh

Certificate of Registration

Above, if there is no conflict against the publication of a trade mark, the Registrar shall, after the expiry of the term of 2 ( two) months, notify the Registrar of the payment of the charge.

After collecting the fee, the Registrar shall issue a Certificate of Registration for the trade mark. The licensed trade mark shall be valid for a term of 7 years from the date of registration for trademark registration in Bangladesh

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Renewal of Trademark registration

A Trademark can be renewed in Bangladesh from time to time for an indefinite duration upon payment of renewal fees. Failure to renew could, however, result in the removal from the Registry of registered trademarks. The renewal period could be for a period of 10 years.

Please bear in mind that an application for the renewal of a trade mark should be made no more than six (6) months before the expiry of the last renewal.

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or Call us on : +8801847220062 or +8801779127165

Registration Cost and timeline

The registration timeline would be 6 to 8 months from the date of publication if there is no opposition and the cost would be with an offical fee with VAT+Disbrusment: BDT 17250 or USD 220 +Law Firm’s fee.

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OUR Managing Director Barrister Abul Hashem has the experience over 15 years of working with Trademark in Bangladesh

TR Barristers in Bangladesh offers services on Trademark Registration and other related matters. However, If you need any legal help or clarification about Trademark Registration Process in Bangladesh, please reach us at:

 E-mail:info@trfirm.com
Phone:+8801847220062 or +8801779127165 (WhatsApp).  Address: Road 126 (3rd Floor) Islam Mansion, Gulshan-1, Dhaka.

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Gulshan 1 Circle Dhaka ,Bangladesh

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How to open a company in Bangladesh in 2025

How to open a company in Bangladesh in 2025

by | Sep 9, 2019 | Law, BD Law, Others

How to open a company in Bangladesh in simple steps

This tutorial/guide will give you a thorough updated guide in 2024 and an overview of the criteria, procedure and schedule for company registration in Bangladesh, that is how to open a company in Bangladesh. Bangladesh, like most other jurisdictions, has a set of original and continuous regulatory compliance requirements to start and operate a business.

Note that most Bangladeshi companies are registered as private limited liability companies (frequently known as private limited companies) when considering registering a fresh business or relocating your current business to Bangladesh. A private limited company is a separate legal entity in Bangladesh and shareholders are not liable for the debts of the company beyond the amount of share capital they have contributed. Any individual (foreign or local) above the age of 18 may register a business in Bangladesh under the Companies Act 1994.

The Registration Procedure:

Company registration is partly computerized in Bangladesh.

The Bangladeshi company configuration procedure involves five separate measures:
a) Name Clearance;
b) Drafting Documents (AoA, MoA),
c) opening and bringing in the paid-up investment bank account;
d) registration of the business, and lastly
e) The post registration formalities.

**Step (C) is only relevant if the suggested business has any foreign shareholder.

Here’s a detailed infographics on how to register a company in Bangladesh. (The Five Step Process to open a company in Bangladesh)

How to register Company in Bangladesh

Steps of Formation of a Company in Bangladesh in Details:

STEP 1: NAME CLEARANCE

To set up a business in Bangladesh, your first step would be to acquire a name clearance for the business name you are proposing. Visit www.roc.gov.bd and first generate a username. Then you can apply for the clearance of your name. You will obtain a bank payment slip after you have submitted the name clearance request and you will have to pay Taka 600 to the specified bank. You’ll need to sign in to your account on the RJSC website after making the deposit and then you’ll get the name clearance.

You can read this manual for name clearance prepared by RJSC.

How to get Name Clearance in RJSC
Name Clearance Website Link (RJSC) – Click here or on the picture to visit the RJSC website

Tip: when using the RJSC website, use Google Chrome or Mozilla Firefox. Other browsers may not function correctly.

Make sure the name is not identical or too similar to any current local business names that do not infringe any trademarks is not obscene or vulgar is not already reserved to enhance your likelihood of fast name approval. An authorized name will be reserved for 6 months from the date of clearance. You can extend the name just before the expiry date by submitting an extension application.

STEP 2: DRAFTING DOCUMENTS 

To open a company in Bangladesh, after name clearence you must draft the Association Article (AoA) and Association Memorandum (MoA). While preparing these, you must draft them together with other types as RSJC compliance requirements. You should hire a reputed law firm which will be able to reach the necessary objectives of your prospective company and draft them accordingly in your company memorandums. 

Sample_Memorandum AoA_ Bangladesh
Sample MoA_ Bangladesh_PLC

STEP 3: Opening and bringing in the paid-up investment bank account

This step only applies if foreign shareholding is held by the suggested business.

Next, you will need to open a bank account with any scheduled bank in Bangladesh in the suggested name of the business. You will have to remit cash equal to the shares in the account after opening the account to be owned by the foreign shareholder from outside of Bangladesh. The bank will issue an Encashment Certificate needed to be incorporated by RJSC.

STEP 4: Submission of Documents to RJSC for Registration

The fourth step on how to open a company in Bangladesh is to provide all the data needed on the website of the RJSC. You’ll also need to upload Form IX and Subscriber Page. You will obtain a bank payment slip for paying the registration charges together with the stamp duty after you complete the entire process.

You can read this RJSC prepared manual to submit all the data on the website of the RJSC.

You’re done after making the bank deposit. Now you need to follow up with the RJSC to get the certificate of incorporation. The papers and data will be checked by RJSC authorities. If they are satisfied, they will issue the digitally signed I Incorporation Certificate; (ii) MoA and AoA; and (iii) Form XII. These papers will be mailed to your RJSC-related email address.

There are instances where the process of incorporation can be postponed if the shareholders or managers are of certain nationalities, although this only occurs in rare cases. In such cases, additional information may be asked by the authorities.

STEP 5: Post Registration Formalities

DOCUMENTS ISSUED BY RJSC:

  • Incorporation Certificate: RJSC will issue the company’s Certificate of Incorporation. The certificate will have the amount of the registration, the business name and the date of incorporation.
  • Form XII: Form XII includes the company’s director list.
  • Certified copies of Memorandum of Association and Articles of Association.Some of the other products you will most likely need when your Bangladeshi company is registered include:
  • share certificates for each shareholder.
  • Shareholders, stocks, managers etc. register.
  • Company seal
  • A rubber stamp for APPLYING FOR TRADE LICENSE
  • TAX IDENTIFICATION NUMBER AND OTHER LICENSES
  • After incorporation, you should purchase a business room or lease some room in any business room.

Final Steps for completing your Company Formation in Bangladesh:

Then you need to apply for the number of Trade License and Tax Identification. You may need to acquire more company permits, depending on the company operations of your company.

Annual return filing requirements:

An annual general meeting must take place every calendar year. The AGM must be carried out within 18 months of the incorporation of the business, after which no more than 15 months can pass between one AGM and the next.

Regular return: In the event of any change in the board of directors or the shareholding structure or any other change, a corresponding return must be submitted to the RJSC within a specified period.

This is the whole process of how to open a company in Bangladesh Bangladesh. If you need professional support with the incorporation of the business, kindly contact us.

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