Trademark Law in Bangladesh 2026: Search, Registration, Renewal and the Benefits of Registering

Trademark law Bangladesh: how the 2009 Act works in 2026

Trademark law Bangladesh businesses rely on rests on one statute, one set of rules and one registry. The Trademarks Act 2009, amended in 2015, decides what can be registered and what registration gives the owner; the Trademarks Rules 2015 fix the forms and deadlines; and the Department of Patents, Industrial Designs and Trademarks (DPDT) runs the register. In 2026 that system is moving online, filings exceed 13,000 a year and the government is preparing for the Madrid Protocol, but the core rule has not changed: in Bangladesh, protection follows registration, and registration follows a disciplined process.

This guide takes the law end to end. It covers what can be registered, the Nice classes, how to search the register and read the results, filing on the DPDT e-filing portal, examination, publication in the Trademarks Journal and opposition, the seven-year first term and ten-year renewals, late renewal and restoration, official fees, the legal benefits of registration over passing off, well-known marks and the Madrid position. Enforcement, the wider IP framework and the DPDT's public records are covered in companion TRW guides, which we link rather than repeat.

Summary: A trademark in Bangladesh is registered class by class with the DPDT under the Trademarks Act 2009. An accepted application is advertised in the Trademarks Journal, any person may oppose within two months, and an unopposed registration takes effect from the filing date. It lasts seven years and is then renewable for successive ten-year periods, with a six-month late-renewal window and a one-year restoration route. Only a registered owner can sue for infringement; everyone else must prove passing off.

Key point: The first term really is seven years. Section 22 of the Trademarks Act 2009 fixes the original registration at seven years and each renewal at ten years from the expiry of the last registration, and because section 20 dates registration back to the filing date, the first renewal falls due seven years after filing, not seven years after the certificate.

At a glance

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Table of Contents

What trademark law Bangladesh protects in 2026

The Trademarks Act 2009 (Act No. XIX of 2009) is the governing statute. It was deemed to come into force on 1 July 2008 and replaced the Trade Marks Act 1940.[10] It is organised in eleven chapters running from conditions of registration and procedure through assignment, registered users, certification marks, textile goods and offences, to appeals, convention applications and collective marks.[1] The Trademarks (Amendment) Act 2015, Act No. XXIII of 2015, received assent on 21 November 2015.[4] The Trademarks Rules 2015 supply the forms, time limits and fee schedule, and repealed the Trade Marks Rules 1963.[3]

The register is kept by the Registrar at the DPDT, a department of the Ministry of Industries, which now also handles patents, industrial designs and geographical indications. In 2025 the DPDT received 13,492 trademark applications, 8,765 from residents and 4,727 from non-residents, and issued 6,573 registration certificates.[8] Those figures matter for strategy: the register is busy, conflicting marks are common and the gap between filings and certificates means applicants should plan for months, not weeks.

How this guide fits with other TRW insights

This article is the procedural and substantive core of trademark law Bangladesh. Our DPDT source orientation explains how to read the registry's public records and journal entries. Remedies, raids, customs action and court strategy are in our guide to trademark infringement in Bangladesh, and patents, designs, copyright and GIs are mapped in our overview of intellectual property law in Bangladesh.

What can be registered under the Trademarks Act 2009

The Act protects marks for goods and for services, together with certification marks under Chapter VIII and collective marks under section 122.[1] In practice the registry accepts words, logos and devices, letters and numerals, and also non-traditional signs such as shapes, sounds and colours where they function as a badge of origin.[10] An application may be made for a mark already in use or for one the applicant proposes to use, so a business can secure its brand before launch.[2]

Distinctiveness under section 6

Section 6(1) allows registration only if the mark contains at least one essential particular, such as an invented word, a word with no direct reference to the character or quality of the goods or services, or another distinctive mark. Under section 6(2), a name, signature or word that does not satisfy those particulars may be registered only on evidence of its distinctiveness.[2] Descriptive and laudatory terms therefore need proof of acquired distinctiveness, which means sales, advertising and market evidence assembled before the examiner raises the point.

Absolute and relative bars

Section 8 bars marks that are scandalous or obscene, likely to deceive or cause confusion, likely to hurt the religious susceptibilities of any class of citizens, or applied for in bad faith.[2] Section 9 restricts chemical names, section 7 limits colour claims and section 11 governs the names of living or deceased persons.[1] Section 10(1) then blocks a mark that is identical with or deceptively similar to a mark already registered by a different proprietor for the same goods or services.[2]

Series, associated and disclaimed marks

The Act also lets an owner register parts of a mark and a series of marks (section 12), associated marks (section 13) and marks subject to a disclaimer of non-distinctive elements (section 14).[1] These tools are underused. A disclaimer of a descriptive word can turn a refusal into an acceptance, and associated marks help a family of brands survive a non-use attack aimed at one member of the family.

Classes and the Nice Classification

Section 15(2) requires a separate application for every class of goods or services, and applications are dealt with in the order received.[2] Rule 10 repeats the point: each application relates to one class, the same mark for different classes needs separate applications, and different goods or services within one class require detailed information on how the mark is used.[3] Bangladesh does not accept multi-class applications.[10]

Goods and services are classified under the Fourth Schedule to the Rules by reference to the international classification, and the DPDT publishes the 12th edition of the Nice Classification for applicants.[3] [7] Textile goods have their own schedule and special rules under Chapter IX of the Act.[1]

Choosing classes strategically

Because every class is a separate application with its own fee, class selection is a budget decision as well as a legal one. Start with the classes covering the core product, then add the classes for packaging, retail services and the likely next product line. A garment brand, for example, typically needs clothing, but may also need bags, cosmetics and retail services. Specifications should be drafted in plain Nice terms that describe what is actually sold. Overbroad lists invite objections and are vulnerable to removal for non-use after five years.

Trademark search in Bangladesh: methods and interpretation

A pre-filing search is the cheapest risk control in trademark law Bangladesh offers. Section 10 means the examiner will cite earlier identical or deceptively similar marks, and any owner of an earlier right can oppose. Searching first tells you whether to file, modify the mark or negotiate with an earlier owner before money is spent on branding.

The official DPDT search

Rule 67 provides an official search: the applicant files a copy of the mark in Form TM-4 and the Registrar checks the register for identical or similar marks, completing the inquiry within two weeks and reporting the result in Form TMR-17.[3] Both the TM-4 search application and a separate pre-application search are now available on the DPDT's online filing system.[5] The official search is the most authoritative check of the register, but it is a register search, not a market search.

Journal, e-journal and record checks

Accepted applications are published in the Trademarks Journal, which the DPDT posts online as numbered issues. Issues 337 to 342 were posted between February and July 2026.[9] Reviewing recent issues catches marks that have been accepted but not yet registered. Some information on older files still requires direct enquiry at the registry, so a thorough search combines the official report with journal review and, where needed, file inspection.[10]

What a register search does not show

A clear register is not a clear market. The register will not reveal unregistered marks protected by passing off, foreign well-known marks protected without registration, company and trade names, domain names, or brands trading on marketplaces and social media. For a significant launch we add a common-law search covering trade use, online channels and the main import categories. That is the search service that most often changes a client's decision.

Reading the results

Interpretation is where searches earn their fee. The question is not whether an identical mark exists but whether a conflicting mark is deceptively similar for related goods or services. Compare marks visually, phonetically and conceptually, including Bangla transliterations and translations, and weigh the strength of the earlier mark and the closeness of the goods. We grade each result as low, medium or high risk with a recommendation: file as is, file with a disclaimer or modification, seek consent or coexistence, or choose another mark.

Filing the application on the DPDT e-filing portal

Any person claiming to be the proprietor of a mark used or proposed to be used may apply in writing to the Registrar in the prescribed manner.[2] The application is made in Form TM-1 and typically includes a clear representation of the mark, the applicant's name and address, the goods or services and the class, and a letter of authorisation where an agent files.[10] Where a representative acts, Form TM-10 is filed with Form TM-1, and a non-resident must give an address for service in Bangladesh.[3]

The online filing system

The DPDT now accepts trademark filings through an online portal on a WIPO platform, accessed with a user ID and password, and fees are paid through the government's A-Challan system before final submission.[6] Its July 2026 notice lists the trademark services available online, including the TM-1 application, the TM-4 search, the TM-9 request to publish acceptance, the TM-11 request for the registration certificate, the TM-12 renewal, the TM-24 assignment and objection replies, and warns that manual acceptance of these applications will end soon.[5] The Rules had anticipated this, allowing electronic filing with government approval.[3]

Two practical points come from the DPDT's own guidance. The A-Challan payment system accepts only an eleven-digit local mobile number, so profiles should be set up without the country code, and the portal is maintained on weekly holidays, when filings may be disrupted.[6] Neither is a legal rule, but both can cost a filing date at the end of a priority period.

Claiming Paris Convention priority

Bangladesh has been a member of the Paris Convention since 3 March 1991, and sections 119 and 120 of the Act make special provision for convention countries and convention applications.[10] Under the Convention, an applicant who files first in one member state has six months to file in others and be treated as if it had filed on the first date.[14] Foreign brand owners should calendar that six-month window from their home filing and file in Bangladesh within it.

Examination, publication in the Journal and opposition

After filing, the Registrar examines the application for formalities, distinctiveness and conflicts. Rule 14 contemplates examination within two months, with the result issued in Form TMR-4, and Rule 15(2) allows an extension of up to two months to reply to an objection, on Form TM-19.[3] A reply can argue the point, file evidence of use or amend the specification. Before acceptance is final, section 16 lets the Registrar withdraw an acceptance made in error, after hearing the applicant.[2]

Advertisement in the Trademarks Journal

Section 17 requires the Registrar to advertise an accepted application as soon as possible.[2] Under Rule 16(3), an applicant who does not pay the publication fee within one month of notice is treated as having abandoned the application, and Rule 17(1) requires publication at least three times a year.[3] Missing the publication fee is one of the most common avoidable losses we see, particularly where the notice goes to a former agent.

Opposition: the two-month window

Section 18(1) gives any person two months from the date of advertisement to file a written notice of opposition with the prescribed fee.[2] The opposition is filed in Form TM-5 under Rule 18(1).[3] The Registrar must serve it on the applicant within one month, and the applicant then has two months to file a counter-statement, failing which the application is deemed abandoned.[2] Section 93 allows the Registrar to extend time for sufficient cause, but not where the Act or Rules expressly fix the time, so the opposition deadline should be treated as fixed.[2]

Evidence, hearing and timing

The Rules then set a timetable. The opponent files evidence within two months of the counter-statement, the applicant within two months of receiving it, and the opponent may reply within one month, with each side's failure to file treated as abandonment of its position. A hearing is requested in Form TM-7 within fourteen days of notice.[3] A party with no residence or business in Bangladesh may be required to give security for costs, and section 18(8), as amended in 2015, directs that opposition proceedings conclude within 330 working days of the notice of opposition.[2]

Step by step: from search to certificate

The sequence below reflects how we run a filing under trademark law Bangladesh, from clearance through to the certificate and the first renewal diary entry.

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Keep every DPDT notice, challan and acknowledgement on the file. When a dispute arises years later, the filing date, the journal number and proof of fee payment are the first documents a court or opponent will ask to see.

Registration, certificate and real timelines

Once an application is accepted and is either unopposed or the opposition is decided in the applicant's favour, section 20(1) requires the Registrar to register the mark with effect from the date of the application, which is treated as the date of registration.[2] The certificate is requested online in Form TM-11.[5]

Section 20(3) directs that the certificate issue within 150 working days of filing where the application is free of defects and unopposed. Under section 20(4), if a certificate cannot issue within one year because of the applicant's default, the Registrar must give notice, and an uncorrected application is deemed rejected.[2] Under trademark law Bangladesh the statutory target is not the practical reality. The DPDT issued 6,516 certificates in 2024 and 6,573 in 2025 against 12,010 and 13,492 applications, so applicants should budget for longer.[8]

Trademark renewal in Bangladesh: term, deadlines and restoration

Doubt about the term persists in commentary, but the statute is clear. Section 22(1) provides that a registration lasts seven years and may be renewed, and section 22(2) provides that each renewal runs for ten years from the expiry of the original registration or the last renewal.[2] Because section 20(1) backdates registration to the filing date, the seven years run from filing.[2] A mark filed on 1 March 2020 therefore needs renewal by 1 March 2027, then 2037, and so on.

The renewal window and notices

Rule 36(1) provides for a renewal application in Form TM-12 at least three months before the registration expires. If none is filed, Rule 36(2) requires the Registrar to send a notice in Form TMR-3 at least two months before expiry.[3] Section 22(3) allows the Registrar to remove the mark if the renewal conditions are not met by expiry.[2] Do not rely on the official notice. Registry notices go to the address on the register, which is often an old office or a former agent.

Late renewal within six months

Rule 36(3) allows late renewal in Form TM-17 within a period not exceeding six months from the date of expiry, on payment of the additional fee in the schedule. After that, the Registrar may remove the mark and publish notice of removal.[3] The six months are a safety net, not a filing strategy: during that period a third party may argue that the registration had lapsed.

Restoration within one year

If the mark is removed for non-payment of the renewal fee, section 22(4) allows the Registrar to restore it and renew it for ten years, on an application made within one year from the expiry of the last registration, where the Registrar is satisfied that it is just to do so.[2] Rule 37 prescribes Form TM-13 for this application.[3] Restoration is discretionary, so the application should explain the lapse and show continuing use.

Protection after removal

Section 23 gives a removed mark some residual weight. For one year after removal, it is treated as still on the register when other applications are considered, unless there was no bona fide trade use in the two years before removal and no confusion is likely.[2] That year is a shield against copycat filings, not a substitute for renewal.

Trademark renewal process step by step

• Diary the dates: record the expiry date (seven years from filing for the first term, then every ten years), the three-month filing date and the six-month late-renewal limit.
• Fix the record first: record any assignment (TM-24) or change of name or address (TM-33) so the renewal is filed in the correct owner's name.[5]
• File TM-12 online: submit the renewal on the portal with the registration number and the agent's authorisation.[5]
• Pay through A-Challan: confirm payment before final submission and keep the challan.[6]
• Check the register: confirm the renewal is entered and the next expiry date is correct.

Official fees and VAT

Trademark fees are prescribed in the Third Schedule to the Rules, and section 117 of the Act provides the power to charge them.[1] [3] The current schedule was published in the official gazette on 24 November 2021 and took effect on 5 December 2021. It raised fees across the board, including filing, search, publication, registration, renewal, assignment and opposition, and 15 per cent VAT applies on top of official fees.[13] As reported at the time, the filing fee rose by about a third and the publication fee by about 167 per cent.[13]

The DPDT publishes the revised schedule on its website alongside the superseded one, and fees are paid electronically through A-Challan.[6] Because each class is a separate application, a full budget multiplies filing, publication and registration fees by the number of classes, and adds opposition and late-renewal fees where they arise. Check the current DPDT schedule on the day of filing rather than relying on a quotation prepared months earlier.

Benefits of trademark registration in Bangladesh

The legal benefits of registration are concrete, and they explain why trademark law Bangladesh owners should treat filing as the first step of any launch, licence or investment. Section 25 gives the registered proprietor the exclusive right to use the mark for the registered goods or services, and bars others from using it without consent.[2] Section 24(1) is the other side of the coin: no one may sue to prevent, or recover damages for, infringement of an unregistered mark.[2]

Evidence that does the work

Under section 28, the registration and every later assignment are prima facie evidence of validity in legal proceedings. Under section 29, after seven years from the original registration the registration is taken to be valid in all respects, unless it was obtained by fraud or in bad faith or offends section 8.[2] A registered owner starts an infringement claim with ownership and validity largely proved; an unregistered owner must prove goodwill from scratch.

A tradeable, licensable asset

A registered mark may be assigned with or without the goodwill of the business, for all or some of the goods or services.[2] Section 44 allows licensees to be recorded as registered users, and permitted use by a registered user counts as use by the proprietor, which protects the mark against non-use attacks.[2] That is the foundation of every brand licence and franchise; our guide to franchising in Bangladesh covers recordal and the remittance of royalties.

Enforcement tools

Registration also opens doors that passing off cannot: infringement suits, criminal complaints against counterfeiters and customs border recordals. The Act itself makes it an offence to represent an unregistered mark as registered, so the ® symbol should be used only after registration.[1] How these tools work in practice is set out in our analysis of intellectual property infringement in Bangladesh.

Why trademarks matter commercially

For a Bangladeshi business, a registered mark is often the most valuable intangible on the balance sheet and the one investors, lenders and franchise partners check first. It deters copycats, supports marketplace takedowns and makes a brand portable into licensing and export. The cost of registration is small compared with rebranding after a conflict, or litigating ownership of a mark a former distributor filed first.

Registered marks versus passing off

Section 24(2) preserves the common-law action for passing off goods or services as those of another, so unregistered marks are not defenceless.[2] But passing off requires proof of goodwill, misrepresentation and damage, which means evidence of sales, advertising, reputation and actual or likely confusion. The table compares the two routes; on a phone, scroll it sideways.

The practical lesson is simple. Passing off is a fallback for marks that were not, or could not yet be, registered. It is slower, costlier and less predictable than an infringement claim built on a registration.

Well-known marks and bad-faith filings

Trademark law Bangladesh gives real protection to well-known marks. Section 10(4) bars registration of a mark that is identical with, confusingly similar to or a translation of a mark well known in Bangladesh for identical or similar goods or services of another enterprise. Section 10(5) protects a well-known registered mark against registration for unrelated goods where use would suggest a connection and damage the owner, and section 10(6) measures reputation by knowledge of the mark in the relevant sector of the public.[2] The 2015 amendment strengthened section 10(5).[10]

These rules implement the Paris Convention obligation to refuse and prohibit marks that reproduce a mark well known in the country.[14] The High Court Division has also recognised trans-border reputation, so a foreign mark known to Bangladeshi consumers can prevail even before local use.[10]

Defensive registration

Section 43 lets the owner of an invented-word mark that has become well known for its registered goods or services register it defensively for other goods or services, where use on them would suggest a connection with the owner. A defensive registration is not vulnerable to removal for non-use.[2] For famous house marks, this is a cheaper shield than repeated oppositions.

Bad faith

Section 8(g) bars applications made in bad faith, and section 29 preserves a bad-faith challenge even after seven years.[2] Well-known status is litigated, not presumed, so foreign owners should still file before appointing distributors and watch the Journal for copycat applications.

Keeping the registration alive: use, assignment and records

Removal for non-use

Under section 42(1), an aggrieved person may apply to remove a mark registered without a bona fide intention to use it, or one that has not been used in good faith by any proprietor for a continuous period of five years or more, measured up to one month before the application.[2] Keep dated invoices, packaging and advertising for each registered class, and record licensees as registered users so their use counts.

Assignments and changes

Assignments and changes of name or address should be recorded promptly, online in Forms TM-24 and TM-33.[5] Under section 28, a recorded assignment is itself evidence of title, and an unrecorded one can leave a buyer unable to renew or sue in its own name.[2] In share and asset deals, trademark recordals belong in the completion checklist, not the post-closing to-do list.

Trademark agents

Trademark representatives register with the Registry in Form TM-2 and renew annually by 31 December, with late renewal possible until 31 March and cancellation on 30 June if not renewed.[3] Owners changing agents should file a fresh authorisation, so that notices reach the right office.

Madrid Protocol status and foreign brand owners

Bangladesh is not a member of the Madrid system, so an international registration cannot designate Bangladesh, and foreign owners must file national applications class by class.[10] That may change. On 19 and 20 May 2026 WIPO and the DPDT held a national seminar in Dhaka, funded by Japan, to support Bangladesh's preparation for accession to the Madrid Protocol, including elements of an accession roadmap.[11] The US government's March 2026 commercial guide also reports that Bangladesh is working on a further amendment to the Trademarks Act to improve TRIPS alignment and support Madrid accession.[12]

Until accession takes effect, the national route is the only route. Foreign owners should use the six-month Paris priority window, appoint a local representative, give an address for service in Bangladesh and budget per class. The same guide notes that counterfeit goods are readily available and that enforcement is costly and slow, which makes registration before market entry more important, not less.[12]

Mistakes to avoid under trademark law Bangladesh

• Launching before searching: a register search and a market search cost far less than a rebrand.
• Filing in too few classes: each class is separate, and a competitor can take the adjacent class.
• Missing the publication fee: non-payment within one month of notice is treated as abandonment.
• Ignoring the Journal: the two-month opposition window is fixed, and late opponents are left with slower rectification routes.
• Counting the term from the certificate: the seven years run from filing.
• Relying on registry reminders: notices go to the recorded address, which is often out of date.
• Leaving assignments unrecorded: the buyer of a brand may be unable to renew or sue.
• Letting a distributor file: recovering a mark from a former agent means litigation.

What to watch in 2026 and 2027

Three developments will shape trademark law Bangladesh over the next year. First, the DPDT has said it will soon stop accepting the listed applications manually, which will make the e-filing portal the default.[5] Second, a Madrid accession process, with a supporting amendment to the 2009 Act, now has visible momentum.[11] [12] Third, the Commercial Courts Act 2026 is changing where and how brand disputes are litigated, which is analysed in our infringement guides.

For brand owners, the priorities do not change: search before you launch, file in every class you need, diary renewals from the filing date and record every change of ownership. TRW's trademark registration and advisory practice handles clearance searches, filings, oppositions, renewals and portfolio audits. To discuss a mark, contact TRW.

Frequently asked questions

What is the main trademark law in Bangladesh?

Trademark law Bangladesh is built on the Trademarks Act 2009, as amended by the Trademarks (Amendment) Act 2015, together with the Trademarks Rules 2015. The DPDT under the Ministry of Industries administers the register.[1] [3] [4]

How long does a trademark registration last in Bangladesh?

Seven years from the filing date for the first term, then ten years for each renewal, under sections 20 and 22 of the Trademarks Act 2009.[2]

When should I file a trademark renewal in Bangladesh?

Rule 36 provides for Form TM-12 at least three months before expiry. Late renewal in Form TM-17 is allowed within six months after expiry, and restoration in Form TM-13 within one year of expiry.[3]

Can I search the Bangladesh trademark register before filing?

Yes. An official search is requested in Form TM-4 and the Registrar reports within two weeks; TM-4 and a pre-application search are available online. A market search for unregistered and online use is also advisable.[3] [5]

Can one application cover several classes?

No. Section 15(2) and Rule 10 require a separate application for each class of goods or services.[2] [3]

How long is the opposition period?

Two months from the date the application is advertised in the Trademarks Journal, under section 18(1). The applicant then has two months to file a counter-statement.[2]

Can I file a trademark application online in Bangladesh?

Yes. The DPDT's online system accepts TM-1 applications, searches, renewals and other requests, with fees paid through A-Challan, and the DPDT has said manual filing will end soon.[5] [6]

Is Bangladesh a member of the Madrid Protocol?

Not yet. Foreign owners must file nationally, though WIPO and the DPDT began accession preparation work in May 2026.[10] [11]

Can I protect an unregistered trademark in Bangladesh?

Only through passing off. Section 24 bars infringement actions for unregistered marks but preserves passing off, which requires proof of goodwill, misrepresentation and damage.[2]

Are well-known foreign marks protected without registration?

To a degree. Section 10(4) blocks registration of marks that copy a mark well known in Bangladesh, and courts recognise trans-border reputation, but protection must be proved, so registration remains the safer course.[2] [10]