Bangladesh

Country Data

Official Name:

The People’s Republic of Bangladesh

Capital:

Dhaka

Area:

148,560 sq km 

Population:

164,098,818 (2021 estimate)

Official Language:

Bengali

GDP:

US$ 966.485 billion (2021 estimate)

Currency:

Bangladesh Taka (BDT- ৳)

Work Days:

Sunday – Thursday

Conventions/ Treaties

  • WIPO Convention (11th May 1985)

  • Paris Convention (3rd March 1991)

  • Berne Convention (4th May 1999)

  • TRIPS Agreement/ WTO (January 1, 1995)

Trademark

National Legislation

  • The Trademarks Act 2009 read with The Trademark Rules 2015.

Basic Information

Creation of rights:

First-to-use jurisdiction.

Basis for filing:

Proposed to be used basis or prior use with sufficient documents.

Well-known marks:

Special protection is available. Nevertheless, local registration of the mark is highly recommended.

Types of marks:

Trademarks, Service Marks, Certification Marks, Collective Marks, Series of Marks.

Priority:

6-month priority.

Madrid System:

Not available – Bangladesh is not a member of the Madrid Union.

Filing system:

Single application to be filed. Multiple class filing system is not available.

Classification:

Nice Classification (9th edition)

Who can be Applicant:

(1) Individuals; (2) Corporate entities; (3) Joint application.

Examination:

On formal, absolute and relative grounds.

Publication:

The Trade Marks Journal.

Opposition period:

2 months from the date of publication in the Trade Marks Journal.

Duration of registration:

7 years from the filing date – renewable for further periods of 10 years each upon request of the trademark owner within 6 months preceding the expiry date.

Renewal grace period:

There is no provision in the Law. However, in practice, late renewal is possible by paying penalty fee in addition to the renewal fee.

Use requirement:

A trademark registration becomes vulnerable to cancellation upon the request of an interested party in case of its non-use for a continuous period of 5 years.

Registration timeframe:

24 to 36 months (approximately)

Search

Official Search:

Available for i) word marks; and ii) device marks.

Scope of search:

Includes all applied-for and registered marks.

Turnaround time:

20-30 working days.

Ways to Obtain Protection

  • Filing of national application with or without priority claim under the Paris Convention.

Filing Requirements

New Applications

  1. A simply signed Power of Attorney from the applicant.
  2. A certified copy of the priority document, if priority is claimed.

Renewal of Registration

  1. A simply signed Power of Attorney from the trademark owner.

Change of Name / Address Recordation

  1. A simply signed Power of Attorney in the new name/ address of the trademark owner.

  2. Change of Name / Address document, duly notarized.

Assignment Recordation

  1. A simply Power of Attorney from the Assignee.

  2. Deed of Assignment executed by both the assignor and the assignee, legalized up to the Bangladesh Consulate.

  3. A copy of certificate of registration of the mark(s).

  4. An Affidavit from the Assignor that no legal proceeding / case is pending in respect of the trademarks to be assigned, duly notarized.

Merger Recordation

  1. A simply signed Power of Attorney from the surviving entity.
  2. Merger document, duly notarized.
  3. A copy of certificate of registration of the mark.

License Recordation

  1. A simply signed Power of Attorney from the registered proprietor.
  2. A simply signed Power of Attorney from the proposed licensee.
  3. License agreement, duly signed by both the parties, duly legalized up to Bangladesh Consulate.