Trade Mark Laws and Regulations Bangladesh in 2025
1. Relevant Authorities and Legislation
1.1 What is the relevant trade mark authority in Bangladesh?
The Department of Patents, Designs, and Trademarks (DPDT) under the Ministry of Industries is the primary authority responsible for trademark registration and enforcement in Bangladesh. It oversees all trademark applications, disputes, and regulatory matters, ensuring compliance with national and international intellectual property (IP) standards.
1.2 What is the relevant trade mark legislation in Bangladesh?
The Trademarks Act, 2009, along with the Trademarks Rules, governs the trademark system in Bangladesh. This legislation provides the framework for the registration, opposition, enforcement, and protection of trademarks. Additionally, the Bangladesh Penal Code, The Special Powers Act, 1974, and The Copyright Act, 2000 may also be relevant in certain trademark disputes involving fraud, counterfeiting, or unfair competition.
2. Application for a Trade Mark
2.1 What can be registered as a trade mark?
A mark that can be graphically represented and is capable of distinguishing the goods or services of one entity from another can be registered. This includes:
✅ Words, logos, symbols, slogans, and signatures
✅ Shapes, packaging, colors, and combinations thereof
✅ Sound marks with graphical representation
✅ Motion marks (dynamic marks involving movement)
✅ Holograms and multimedia marks
2.2 What cannot be registered as a trade mark?
The following marks are prohibited from registration:
❌ Generic terms lacking distinctiveness
❌ Descriptive marks directly referring to the quality, type, or origin of goods/services
❌ Marks that are deceptive, offensive, or contrary to public morality
❌ Marks that resemble existing well-known trademarks
❌ Marks prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950
❌ Marks that are primarily surnames or geographical names
❌ Marks containing national symbols, flags, or insignia without authorization
2.3 What information is needed to register a trade mark?
The following details are required for trademark registration:
✅ Exact representation of the mark
✅ Name, address, and legal status of the applicant
✅ Description of goods/services based on Nice Classification
✅ Priority details (if applicable)
✅ First use date in Bangladesh (if applicable)
✅ Power of Attorney if filed through an agent
✅ A statement of distinctiveness for marks that may require further justification
2.4 What is the general procedure for trade mark registration?
- Filing of application – Submit an application with DPDT.
- Examination – DPDT reviews the application for absolute and relative grounds of refusal.
- Publication – If approved, the trademark is published for opposition in the Trademarks Journal.
- Opposition Period – Third parties have two months to file oppositions.
- Registration – If no opposition is raised, the trademark is registered, valid for ten years.
2.5 How is a trade mark adequately represented?
A trademark must be represented graphically and in high resolution for accurate publication and recognition. Sound marks require submission of an MP3 file and a graphical representation (such as a musical notation).
2.6 How are goods and services described?
Goods and services are classified according to the Nice Classification, which divides them into 45 classes (34 for goods and 11 for services).
3. Opposition and Refusal of Trade Marks
3.1 What are the grounds for refusal of a trade mark?
A trade mark may be refused on absolute and relative grounds:
- Absolute grounds: Lack of distinctiveness, descriptive nature, offensive content, or contradiction with public interest.
- Relative grounds: Similarity with prior registered marks causing consumer confusion or unfair competition.
3.2 What is the procedure for opposing a trade mark?
- Notice of Opposition: Filed within two months of the trademark’s publication.
- Counterstatement: The applicant responds to opposition within two months.
- Evidence Submission: Both parties submit evidence.
- Hearing: Conducted before the DPDT for a final decision.
4. Enforcement of Trade Mark Rights
4.1 How can a trade mark be enforced?
A trademark owner can enforce rights through:
✅ Civil proceedings: Filing an infringement or passing-off suit in courts.
✅ Criminal proceedings: In severe cases, criminal complaints can be lodged for counterfeiting.
✅ Customs enforcement: Requesting border control measures to stop counterfeit imports.
✅ Administrative actions: Complaints with regulatory authorities like the Bangladesh Competition Commission.
4.2 What remedies are available for trade mark infringement?
✔️ Injunctions: Stopping unauthorized use immediately
✔️ Damages: Compensation for financial losses
✔️ Seizure of counterfeit goods
✔️ Destruction of infringing products
✔️ Account of profits: Recovering the profits earned from the infringement
4.3 Can a trade mark be revoked?
Yes, trademarks can be revoked for non-use over five consecutive years, misleading registration, or fraud.
5. FAQs on Trade Mark Cases in Bangladesh
5.1 How long does it take to register a trade mark in Bangladesh?
The process takes 12-18 months, provided there are no objections or oppositions.
5.2 Can foreign companies register a trade mark in Bangladesh?
Yes, foreign companies can register trademarks, but they must appoint a local agent.
5.3 What happens if my trade mark is opposed?
You will need to submit counterarguments and attend a hearing. If successful, your mark proceeds to registration.
5.4 What are the costs of trade mark registration in Bangladesh?
Fees vary based on classes and legal assistance but generally range from BDT 10,000 to 30,000.
6. Summary Table of Key Information
| Aspect | Details |
|---|---|
| Governing Law | Trademarks Act, 2009 |
| Authority | DPDT, Ministry of Industries |
| Validity | 10 years, renewable |
| Grounds for Refusal | Lack of distinctiveness, similarity to existing marks |
| Opposition Window | 2 months from publication |
| Common Remedies | Injunctions, damages, product seizure |
7. How TRW Law Firm Can Assist
✅ Trademark Registration: Filing, managing, and expediting registration.
✅ Trademark Enforcement: Handling infringement lawsuits and opposition cases.
✅ Trademark Monitoring: Protecting against unauthorized registrations.
✅ International Filings: Assisting foreign businesses with Bangladesh trademark laws.
8. Contact TRW Law Firm
📞 Phone Numbers:
+8801708000660
+8801847220062
+8801708080817
📧 Emails:
info@trfirm.com
info@trwbd.com
info@tahmidur.com
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🏢 Dhaka: House 410, Road 29, Mohakhali DOHS
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