Advocates IP Law Alliance — Intellectual Property Services in Bangladesh

Advocates IP Law Alliance provides end-to-end Intellectual Property (IP) services to protect and enforce rights throughout Bangladesh. Our practice covers:

• Trademarks — passing off, arbitration, infringement actions, litigation, prosecution, and registration

• Patents — protection, licensing, enforcement, and litigation

• Copyright — protection, licensing, and enforcement

• Designs & Industrial Property — design rights, industrial models and designs, protection, licensing, and litigation

• Domains — protection and dispute resolution

Trademark Registration in Bangladesh

Governing law: The Trade Marks Act, 2009

Who may apply

Any person claiming to be the proprietor of a trade mark already in use in Bangladesh, or proposed to be used, may apply for registration.

What marks can be registered

Names (individual or firm) presented distinctively; signatures or photographs; invented words; words with no direct reference to the character or quality of the goods; distinctive marks; letters, numerals, or combinations of these.

Classification

Goods and services are classified under the Nice Classification (Classes 01–45).

Examination

Applications are examined in serial order. The Registrar issues either:

• a notice of objection (with reasons), or

• a notice of acceptance.
  Responses to objections must be filed within 90 days. Upon acceptance, journal fees are payable.

Publication

Accepted applications are published in the Trade Marks Journal, including any limitations or disclaimers.

Opposition

Any person may oppose within 60 days from the date of publication, stating grounds. The applicant may file a counterstatement and evidence by affidavit. After hearing, the Registrar issues a decision. Either party may appeal to the High Court Division against an adverse decision.

Registration

If no opposition is filed—or the application is ultimately accepted after opposition—the applicant pays the registration fees, and the Registration Certificate is issued.

Term & Renewal

• Initial term: 7 years from the filing date

• Renewals: every 10 years thereafter

• Renewal fees: payable before expiry, but not more than six months prior

• If an application remains pending 7+ years, registration and renewal fees are payable together.

• Late renewal is generally available up to 4 months after expiry with late fees.

• Extensions may be granted at the Registrar’s discretion upon payment of additional fees.

Documents for Renewal

• Authorization of Agent (TM-10) — prescribed form, simply signed and sealed.

Filing Requirements (New Application)

Please provide:

1. Applicant name(s)

2. Address(es) and nationality

3. Specification of goods/services

4. Representation of the mark

5. Applicant status (service provider, trader, manufacturer, etc.)

6. Power of Attorney (TM-48) — one authorization can cover multiple applications

Assignment & Recordal

Assignments must be recorded with the authority. Registered marks may be assigned with or without goodwill (seek the Registrar’s directions within six months if assigning without goodwill).
Unregistered marks are ordinarily assigned with goodwill. Special care is needed where multiple exclusive rights or territorial divisions are created; seek the Registrar’s advice.
Associated trade marks must be assigned as a whole. Certification marks require government approval.

Documents required for assignment

• Legalized Deed of Assignment

• Power of Attorney from the assignee

Licensing & Registered Use

Licences must be recorded to be effective. File for recordal within one year of the licence date (or effective date, whichever is earlier).

Documents for licence recordal

• Legalized Licence Deed

• Power of Attorney from the registered proprietor

• Power of Attorney from the proposed licensee

• Affidavit from the registered proprietor

Get in Touch

Click the relevant links on this page for detailed guidance on how we can support your IP matters in Bangladesh.
Email: info@biplobd.com