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Trademark Registration in Bangladesh

Trademark Registration in Bangladesh

Trademark Registration in Bangladesh | The complete procedure, how to apply, cost and filling requirement in 2020 | Trademark Fee, Trademark Application

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Tahmidur Rahman, Senior Associate, Counsels Law Partners

2 Oct 2019

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

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.

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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.

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

Priority trademark 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 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;

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 is verified / notarized.

Stage 1: Filing

Anyone can file claiming priority or ordinary application

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.

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.

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.

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.

Trademark searches in Bangladesh

Trademark search in Bangladesh:

may be 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.

 

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.


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)

RECAPPING AT A GLANCE

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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

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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

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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.

 

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.

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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.

STEP 2:

Substantive and Formalities Check of a trademark in Bangladesh

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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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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).

STEP 3:

Journal Publication of a Trademark 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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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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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.

STEP 4:

Opposition Proceedings  of a Trademark in Bangladesh

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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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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.

STEP 5:

Final Registration Proceedings  of a Trademark in Bangladesh

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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.

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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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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.

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

Counsels Law Partners 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:

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E-Commerce Company Formation in Bangladesh

E-Commerce Company Formation in Bangladesh

E-Commerce Company Formation in Bangladesh| Complete Overview of Starting an E-commerce Business.

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Tahmidur Rahman, Director and Senior Associate

Table of Contents

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

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E-commerce business formation in Bangladesh:

E-commerce is actually one of Bangladesh’s fastest growing field and trends. There are lots of e-commerce companies that have begun operating in Bangladesh since 2015. But mostly they only operate for Dhaka city and few businesses have only started in their city. This is a positive sign and e-commerce will certainly expand in days to come. Many people come to CLP with their enquiry if they need a trade license / or a PLC for their Bangladesh e-commerce business. And the answer is of course “yes.” In Bangladesh, every business is required to have a trade license, and eventually you might opt for establishing your own PLC for your e-commerce business!

Starting an E-Commerce business in Bangladesh

As the study shows, Bangladesh is entering its own period of demographic dividend, meaning that the proportion of young people in the next 25 years will be the highest in the history of the country. And this is a golden opportunity for Bangladesh to tap into the promise of e-commerce by building a viable e-commerce ecosystem that will transform the country’s economic landscape. Another Asian neighbor, China, has already shown that e-commerce can easily become the key drivers of the economy, with favorable policy and government commitment.

 The term e-commerce refers to the Internet-based buying or sale of goods, products or even services. E-commerce purchases vary from the obvious things like online retailing, online media outlets, online shopping, etc. to the more important items like digital payment, online banking and even the procedures of public administration. In this article we will concentrate on the information needed to start an E-commerce company in Bangladesh.

Major Categories and Types of E-commerce business in Bangladesh 

In terms of E-commerce business in Bangladesh, there are three kinds of e-commerce, which are as follows-
1. Items oriented: These online companies deal over digital media with tangible and physical goods or products.
2. Service-oriented: These online businesses are specialized in delivering services to a customer, be it between businesses or just ordinary people or vice versa;
3. Digital products oriented: These online companies are performing legal businesses like the two preceding ones but the goods or services they offer are entirely digital.

The buying and selling process involves the exchange of web and electronic data using personal computers , laptops, tablets , cell phones etc. Companies are categorized as ‘brick and mortar’ (traditional trade), ‘click and mortar’ (partial e-commerce) and ‘internet businesses’ where all is digital for merchandise, distribution, and payment. The definition of e-commerce thus includes both purchases of physical goods and digitized products and services.
In the current eBusiness world, M-Commerce (Mobile Commerce) and F-Commerce (Facebook Commerce) have become two common concepts. Within this paper both are listed within the wider e-commerce framework.

What are the usual transactions in a e-commerce business in Bangladesh?

These online transactions are usually done in the following six ways –

 

1.Business to Business (B2B): The “Business to Business” transactions include two more companies conducting business with each other and barely ever involve the final customers;

2. Business to Consumers (B2C): It is the business model where businesses directly offer goods or services to customers. Consumers are increasingly shopping for and purchasing goods online, arranging financing, arranging shipping or taking delivery of digital items such as apps, and getting after-sales services. B2C e-commerce includes online transactions often referred to as e-retail (or e-tail).
In building B2C networks, some of the advantages businesses can achieve are decreased operational costs, increased marketing, globalization, customer satisfaction, knowledge management, etc .. Bangladesh e-commerce begins and mostly switches to B2C.

3. Customer to Customer (C2C): The Customer to Customer” model refers to the direct transactions conducted between the consumers themselves;

4. Customer to Business (C2B): The Customer to Business transactions refers to the providing of goods or services by a customer to legitimate businesses;

5.Business to Administration (B2A): Business to Administration involves the transactions between businesses and governmental or administrative bodies.

6. Customer to Administration (C2A): Customer to Administration refers to the transactions that are made between the ordinary consumers and governmental bodies.

Open Your E-Commerce Business In Bangladesh

Process of Starting an E-commerce business in Bangladesh

The procedure required to start an E-commerce company in this country depends entirely on the nature of the business itself.

  • Individual businesses: If your online company is all about the Customer to Consumer ( C2C) model and you just want to trade with someone over the internet, then you don’t need a lot of formality. At the other hand, if you sell any goods or services actively through a website or page and you are the sole owner of the said company, then you will need a valid trade license and proper E-TIN set-up.

     

  • Companies or Associations: If your favored business model is Business to Customer (B2C), where you want to set up a company or association to sell your goods or services, the laws currently in force in Bangladesh regarding companies, partnerships or associations etc. will be applicable to you to set up your e-commerce business in Bangladesh.
  • Domain & intellectual properties: Another important step of setting yourself up in the E-economy is to purchase a domain name. Being prepared with a valid domain, trademarks, copyrights etc. will be instrumental in securing your intellectual properties among other things.
  • A typical Bangladesh online business: A typical Bangladesh online business starts with the development of a website or a public page in an asocial media network. The items or services to be sold are then cataloged on the Customers’ website or page on browse through. The final aspect of this initial phase is incorporating a safe form of payment, and there are quite a few good choices to choose from in your own e-commerce business in Bangladesh.
  • Payment methods: Most online stores have a cash-on – delivery system which, of course, needs no digital payment method. At the other end of the spectrum, a large chunk of all mobile banking in this country is currently being done via services such as Bkash, Rocket, Nexus Pay etc., but you do have the option of accepting other services such as the various credit or debit cards, PayPal, Money Gram or any other FIN Tech (Financial Technology) methods. The trick is to go for something that’s easily available and that has the most users. Hence:

     

    Setting up a payment gateway system in Bangladesh requires few papers/documents:

  1. Company Trade License
  2. Owner’s NID & Photograph
  3. Bank Details
  4. Company Logo
  5. Website URL
  6. Signature & Seal

As of now, the Bangladesh Bank has allowed funds to be transferred up to BDT 5,00,000 between two customers who have accounts on the same bank via online facilities, provided that the transactions comply with the prevailing Money Laundering Prevention laws and related government circulars.
Nevertheless, in the case of any legal issue emerging from these projects, it is often prudent to obtain professional assistance. According to the laws currently in effect in Bangladesh, e-economy participants are entitled to various legal remedies with the least amount of difficulty. The article would also address the prospective risks of operating E-commerce companies.

Legal Framework For E-Commerce Business In Bangladesh

Potential Legal regulations in regards to starting an e-commerce in Bangladesh

 

  •  Consumer Protection legislation is important in e-commerce business in Bangladesh to create consumer trust. In merchant’s bank account, a holding fund mechanism listed in the ‘E- Payment’ section might be established; consumers do need to use true identification for the purposes of the transaction.

     

  • Privacy of consumer’s communication, preference, visit information, personal and financial data must be maintained by the relevant merchant. There has to be a clear definition of what form of communication, intention or promise between merchant and consumer will be counted as service agreement; violation of which would face legal consequences in the justice system.

  • Community Conscious Driven Policy needs to be established in the e-commerce business in Bangladesh. The socio-economic scenario differs from country to country. Expectation from businesses and consumers need to weight in our existing standard.

     

  • Code of Conduct for the businesses and customers need to be defined. Any form of digital communication must not violate traditional social and business etiquette within the e-commerce business in Bangldaesh.

    Dispute Resolution Mechanism should be clearly stated and communicated properly to the stakeholders. A cyber court might just be established for quick resolution of such cases specifically for e-commerce businesses in Bangladesh.

     

    •  ICT Act is undergoing revision. As the cyber world evolves very rapidly, a legal committee will eventually be set up to review the law and make appropriate changes every six months. 

    •  Most e-commerce operations incorporate a variety of digital activities and conventional business processes. ICT Act will ensure compliance with current legislation and ecommerce regulations is sufficient.

    • Though e-commerce ensures easy access to entrepreneurship, some form of regulations will eventually be imposed for the new entrants for identification, authentication, taxation and monitoring purpose. Easy registration process using e-tin, address, etc will eventually be incorporated to ensure the transactions under a legal umbrella.

    • Insurance policy might also be formulated to protect businesses and consumers from larger accident and fraud incidents.

For details of filing system, click here or in the image below-

 

If you want to know how to open a company in Bangladesh or about company formation click here!

  • Step by Step Process of Registering a Company in Bangladesh
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How to get a Trade License in Bangladesh?

Click here and go to the post, Tahmidur Rahman speaks in details about Trade License in Bangladesh | Fees, Processing and Renewal!

What are the potential pitfalls of starting an e-commerce business in Bangladeh ?

  

As a fairly recent development in Bangladesh’s economic history, there are several possible problems that may emerge from an online company. Many of these problems are discussed briefly below- 

1. Credit and Guarantee: A large percentage of higher-end transactions are made by loans such as EMI or other types of instalment plans. For certain situations, civil proceedings can be required when the consumer defaults.  

2. Financial fraud: all the time when it comes to e-commerce in Bangladesh, financial fraud such as credit card fraud, the use of illegal payment methods etc. Established in compliance with the 1990 Money Loan Court Act, the Artha Rin Adalat is a judicial body dealing with the recovery of money loaned to citizens through public sector financial institutions. This court can adjudicate financial fraud committed in e-transactions such as credit card frauds etc. There are some other legal remedies available under Bangladesh ‘s laws to a possible victim of fraud such as the Digital Protection Act, 2018 among others. 

3. Return products or non-delivery of goods: E-commerce companies regularly recall items returned by consumers for different reasons, some of which are specific concerns such as the size of apparel products, while others are as ambiguous and illogical as they may be. In addition to the financial blows suffered by the sellers, factors such as product return or product non-delivery may also be harmful to the purchasers. Under existing legislation such as the Sale of Goods Act, 1930 etc., online sellers and purchasers are entitled to a plethora of protections that can be legally enforced.

4. Quality of products: The E-economy of Bangladesh has a long history of venders providing unsatisfactory goods or services to the customer. This is mainly due to the fact that the customers do not get to check or verify what they are buying before the actual delivery takes place. This has apparently resulted in sellers delivering damaged, expired or unusable products in the end. Issues of damaged goods or goods in lesser quantity than originally agreed upon can be brought to legal action under the governing laws of the country such as the Consumer Protection Act, 2009, The Sale of Goods Act 1930, The Contract Act, 1872, The Penal Code, 1860 and the Standard of Weights & Measures Ordinance, 1982 etc.

5. Adulterated goods: whether purchased by a customer or a business, whether it is the duty of an online retailer to deal with adulterated goods and products, it will be subject to legal consequences. The 1974 Special Powers Act provides legal provisions for adjudicating vendors trading in adulterated goods, beverages, or other items.

6. Infringement of Intellectual Property: There is a general disregard among the Bangladeshi people for intellectual property laws, particularly when it comes to digital products, due to the state of the basic economy and the newness of information technologies.

7. Exploitation: The very existence of the techs used to perform different transactions online leaves space for vulnerabilities that can be manipulated for illicit benefit. Frauds in the credit or debit card, frauds in the digital identity forgery, infringements of authority, unauthorized access to data and privacy etc. are some of the examples that can seriously hamper an individual’s or business’ livelihood. In addition to careful planning by the users, in the aftermath of these incidents, legal proceedings are also necessary. 

 

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Frequently Asked Questions- FAQ about E-commerce Business in Bangladesh

In regards to opening an E-commerce company in Bangladesh, people also ask these questions frequently, hence this FAQ content block is dedicated to answering your questions.

General Questions about Starting an E-commerce company in Bangladesh

What is E-commerce business in Bangladesh?

E-commerce includes the purchasing and sale of products and services by businesses and customers via the electronic medium. E-commerce, also known as electronic commerce or internet commerce, refers to the purchasing and sale of goods or services through the Internet, and the transfer of money and data to carry out these transactions.

How many e-commerce business are there in Bangladesh?

The eCommerce Association of Bangladesh (e-Cab), an eCommerce trading organization in Bangladesh, reports that there are 700 eCommerce sites and about 8,000 eCommerce pages on Facebook. Facebook remains a common method of advertising and selling goods, to the point that many companies forgo the production of websites.

What are e-commerce companies?

Amazon, Alibab and e-bay probably the most influential e-commerce business in the world. Our neighboring country have flipkart, which is an Indian based eCommerce web portal founded by Sachin Bansal and Binny Bansal in 2007. In Bangladesh currently we have Daraz and E-valy dictating the e-commerce market.

What are the 5 types of e-commerce?
  • Business-to-Business (B2B)
  • Business-to-Consumer (B2C) 
  • Consumer-to-Business (C2B) 
  • Business-to-Administration (B2A) 
  • Consumer-to-Administration (C2A)
What is the best e-commerce company in Bangladesh?

Daraz is considered to be one of the best e-commerce companies in Bangladesh. As one of the most innovative and successful online stores in Bangladesh, Daraz.com.bd offers a wide range of products, including electronics , apparel, home appliances, children’s goods , furniture, beauty and health, and much more.

How to start an e commerce business in Bangladesh (step by step)?
  1. Select The Best Business Structure and Register Your Business legally in Bangladesh.
  2. Research Ecommerce Business Models.
  3. Start Ecommerce Niche Research.
  4. Validate Target Market and Product Ideas.
  5. Register Your Ecommerce Business & Brand Name.
  6. Finalize Your Ecommerce Business Plan.
  7. Create Your Online Store.
  8. Attract Customers To Your Ecommerce Website.
Do I need to register my e-commerce company in Bangladesh?

Choose a business name and register your company. There are legal protections and tax benefits for incorporating, so don’t skip it. Email us for aiding you to a seamless formation.

What is ECAB?

The e-Commerce Association of Bangladesh (e-CAB) was established to accelerate the growth of the e-Commerce sector in Bangladesh. The e-CAB was designed to address the current problems of e-Commerce in order to ensure its development. E-CAB aims to act as a shared forum for companies active in the e-commerce sector in Bangladesh. The e-CAB will act as their voice. In addition , e-CAB will undertake a range of activities, including research, publication, training, workshops , seminars, etc., to develop the e-commerce market.

How to become a member of E-CAB in Bangladesh?
  • Logo of your e-commerce company
  • A short profile of the company (minimum 100 words)
  • Contact person name and contact address
  • Photocopy of the updated trade license of the organization/company
  • Photocopy of the updated Tax Identification Number (TIN) certificate
  • Photocopy of the National ID card of the proprietor/managing director/Chairman of the company
  • Passport size picture of the proprietor/managing director/Chairman of the company

Get legal advice from the best company formation Law firm in Dhaka

The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced at assisting clients through the entire process and legal provisions relating to the setting up of your E-Commerce business in Bangladesh and the safeguarding of your rights and interests in case of any conflicts.

For any queries or legal assistance, please reach us at:

E-mail: [email protected]

Phone: +8801727983838

Address: House 39, Road 126 (4th Floor) Islam Mansion, Gulshan 1, Dhaka.

 

 

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Cyber Law of Bangladesh | Internet Law, Web, ICT Act Rules, Regulations & Punishment and Rights in Bangladesh

Cyber Law of Bangladesh | Internet Law, Web, ICT Act Rules, Regulations & Punishment and Rights in Bangladesh

Online Law / Internet Law in Bangladesh | ICT Act Rules, Regulations & Rights | A Complete Overview

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Tahmidur Rahman, Senior Associate, Counsels Law Partners

20 Oct 2019

Table of Contents

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

Ict Law Firm In Bangladesh

This post in will explain in details the Online Law / Internet Law in Bangladesh | ICT Rules, Regulations and Rights in Bangladesh as an internet user with interactive diagrams and step by step discussion of different jurisdictions related using Information Technology in Bangladesh.

ICT ACT 2006 

In order to facilitate e-commerce and promote the growth of information technology, the Information and Communication Technology Act (ICT) of 2006 of Bangladesh established provisions with a maximum penalty of up to 10 years imprisonment or a fine of up to 10 million taka or both. The ICT Act, 2006 as amended in 2013 is obviously quite a brilliant feat in the cyber law field of Bangladeh.

In Bangladesh, the ICT Act, 2006 was enacted to prevent cybercrimes and regulates e-commerce. Before this Act was enacted, the law applicable to cyber offences was the Penal Code, which was enacted long ago in 1860 when nobody even thought of computer technology or cyber crime. With the entry into force of the ICT Act, 2006, in order to meet the new requirements of cyber space crimes as well as c-commerce disputes, it becomes necessary to introduce certain consequential changes in certain provisions of the Penal Code, 1860 as well as in the Evidence Act, 1872.

What are the main offences in Bangladesh in regards to the Information Technology Law, Internet and ICT Act?

 Some of the main offences are pointed out below that may arise out of Online Law / Internet Law in Bangladesh|ICT Rules, Regulations and Rights in Bangladesh (not in any specific order.)

1. Fake Electronic Publication

 

If any person intentionally publishes or transmits or causes to be published or transmitted on the website or in an electrical form any material which is false or obscene or which has the effect of tending to debase and corrupt persons, who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, or causes to deteriorate or creates possibility to deteriorate law and order, prejudice the image of the State or person or causes to hurt or may hurt religious belief or instigate against any person or organization, then this activity will be regarded as an offence.

Punishment for Fake Electronic Publication

 

Anyone who commits the offense of electrically publishing false, obscene or defaming information shall be punished with imprisonment for a term of at least 7 years and a maximum of 14 years, and with a fine of up to 10 Taka lakes or both.

 

2. Hacking an electronic device ( Hacking a Computer/Phone/Info):

 

If any person with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person, does any act and thereby destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means or damages through illegal access to any such computer, computer network or any other electronic system which do not belong to him, then such activity shall be treated as hacking offence.

Punishment of Hacking an electronic device ( Hacking a Computer/Phone/Info):

 

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3. Unauthorized access to protected systems in Bangladesh

Any person who secures access to or attempts to secure access to a protected system will be treated as an offence.

◘ Punishment for Unauthorised Access to Protected Systems

Anyone who commits an offense of unauthorized access to protected systems shall be punished with imprisonment for a term which may extend to a minimum of 7 years and a maximum of 14 years or a fine which may extend to or with 10 lakes of Taka.

4. Disclosure of confidentiality and privacy in Bangladesh:

No person having secured access to any electronic record, book, register, correspondence, information, document or other material shall disclose such electronic record book, register, correspondence, information, document or other material to any other person without the consent of the person concerned as an offence.

 

Punishment for disclosure of confidentiality and Privacy

Any person committing disclosure of confidentiality and privacy shall be punished with imprisonment for a term of up to two years or with a fine of up to two Taka lakes or both.

Using a computer to help commit an offence in Bangladesh

Whoever knowingly assists in committing crimes under the ICT Act, using any computer, email or computer network, resource or system shall be considered an offense.

◘ Punishment for using a computer to help commit an offence

Any person who assists in committing an offense as set out above shall be punished with the penalty for the core offence.

 

How ‘Tahmidur Rahman, Counsels Law Partners & Associates’ helps the purchaser of any land in Bangladesh:

The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced at assisting clients in dealing with all kinds of offences and punishments under the ICT Act. For queries or legal assistance in regards to Online Law / Internet Law in Bangladesh | ICT feel free to call us on that green button or email us at [email protected]

Ict Act 2006 Law Firm In Dhaka Tahmidur Rahman

What is the purpose of the ICT Act 2006 in Bangladesh(Online Law / Internet Law in Bangladesh | ICT)?

The purpose of this Act is to guarantee the legal security of documentary communications between persons, partnerships and the State, irrespective of the medium used; the consistency of legal rules and their application to documentary communications using information technology-based media, whether electronic, magnetic, optical, wireless or otherwise, or based on technology combinations.

The ICT Act promotes the Public Key Technology Trust Chain. The law allows digital certificate infrastructure to be developed and managed by the Controller of Certifying Authorities (CCA), including audits to be carried out.

The ICT law was formulated to promote the development of Bangladesh’s information and communication technologies. The aim is to facilitate the use of information and communication technologies to build the information society.

Where the information contained in a document is considered confidential by statute, confidentiality must be covered by appropriate means, including on a communication network.

Some Cyber Crimes which are to be dealt through this act are follows:

  • Hacking or unauthorised entry into information systems
  • Introduction of viruses
  • Publishing or distributing obscene content in electronic form
  • Tampering with electronic documents required by law
  • Fraud using electronic documents
  • Violation of privacy rights such as STALKING
  • Violation of copyright, trademark or trademark rights

Advantages to be fruitful from the Act:

This Act has provided us with few advantages such as the conduct of important security issues under the ICT Act, 2006, which are so critical to the success of electronic transactions. The Act has given the concept of secure digital signatures a legal definition that would have to be passed through a system of a security procedure, as stipulated by the government at a later date. On the other hand, businesses can now conduct electronic commerce using the legislative framework established by the Act. This Act also provided other facilities for the operation of cyber business or information and technology sector.

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Criticism of the ICT Act 2006

Although Critics ocassionally point out that certain specific limitations of the Act still remain. (Online Law / Internet Law in Bangladesh | ICT)

A. Practical Difficulty of Application

 

The legislation was originally intended to apply to crimes committed both in Bangladesh and worldwide but barely people practically take actions to execute their rights under the act.

B. Difficulties with Electronic Transaction

 

‘The enactment has an important effect on Bangladesh’s e-commerce and m-commerce. But as for the electronic payment of any transaction it keeps itself almost impractical.

 

C. Intellectual property Security

 The Act is not vocal on the various intellectual property rights, such as copyright, trademark and e-information and data patent rights.

 

D. Not Addressing Mobile crime and contradicting Email Evidence

One of the staggering part of the act is that no crime committed via mobile phones is addressed in the Act. Also, this law admitted to convey emails as evidence, contrary to the Evidence Act of the country, which does not recognize emails as evidence.

 

 

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