Trademark Registration Process

How to register a Trademark in Bangladesh?

The procedure of registration of trademark has been streamlined over the years in Bangladesh. There is provision for filing of application online. Prior to submission of application, the applicant can check whether the intended trademark is already registered in the name of another firm by paying a nominal fee. The procedure of registration of trademark is summarized as follows:

STAGE 1: Opening of a user account (Online Application - Department of Patent, Design and Trademark (dpdt.gov.bd)) with the Department of Patents, Designs and Trademark (DPDT).

STAGE 2: The applicant files an application for searching whether the intended trademark has already been registered or taken by any other firm. If the trademark is not registered earlier, the applicant proceeds to state 3.

STAGE 3: The applicant files an application with the DPDT for registration of trademark in TM- 1 form. The applicant will be required to submit the trademark and logo in digital form, preferably in the format of a .jpg image of 3 inches x 3 inches. A precise description of the logo has to be given, specifying the word name and device mark. It is imperative to be careful about specifying the class of goods as per the NICE Classification and the goods/services sold/manufactured/offered by the applicant. The applicant's signature has to be in the digital form.

STAGE 4: The applicant completes the TM- 10 form for authorizing a lawyer to deal with the application process. Revenue stamp has to be affixed with the TM- 10 form

STAGE 5: The applicant pays the required fee of Tk. 5,000/- and VAT of Tk. 750 through online payment system.

STAGE 6: The applicant finally submits the application for trademark registration online. The system will generate a tracking number and File ID.

STAGE 7: The applicant will be required to print the application along with all attachments and physically submit it at the office of the DPDT. The DPDT will accept the application if it is in correct form.

STAGE 8: The DPDT upon receiving the application for registration for a particular class will scrutinize it, and if the application is found to be in order it will proceed for publication in the Trademark journal.

STAGE 9: Once the application is published in the trademark journal, any aggrieved party may file an objection/opposition against the concerned trademark within 2 months of the publication in the journal.

STAGE 10: If any objection is filed, an opposition case will be instituted and DPDT upon hearing both the parties and receiving evidence will dispose of the case.

STAGE 11: However, if there is no objection or no objection was filed within 2 months, the DPDT will issue a registration certificate to the applicant.

The whole procedure will take approx. 18-24 months for obtaining of the registration certificate.

The main legislation governing the registration of trademarks is the Trademarks Act, 2009. The Act provides for lodging of appeal against the decision of the DPDT. Moreover, there are provisions for seeking permanent injunction against infringement of a registered trademark and passing off.

To view the Trademarks Act, 2009, click here.