Government of the People's Republic of Bangladesh

The primary law governing trademark registration and protection in Bangladesh is the Trademark Act, 2009. This law regulates all matters related to trademark registration, transfer, licensing, and remedies against trademark infringement.

Key Provisions of the Act:

• Definition and classification of trademarks
• Registrable and non-registrable trademarks
• Trademark registration process and conditions
• Grounds for refusal of registration
• Registration term and renewal procedure
• Trademark transfer and licensing
• Trademark infringement and remedies
• Offenses and penalties

The following steps must be followed for trademark registration through the Bangladesh Trademark Office:

Bangladesh follows the international Nice Classification system for trademark registration. There are 45 classes in total, with classes 1-34 for goods and classes 35-45 for services.

Some Common Classes:

• Class 9: Computers, software, scientific instruments
• Class 25: Clothing, footwear, headgear
• Class 29: Meat, fish, dairy products
• Class 30: Coffee, tea, sugar, rice
• Class 32: Beer, soft drinks
• Class 35: Advertising, business management
• Class 41: Education, entertainment, cultural activities

The following procedures are followed for taking legal action against trademark infringement in Bangladesh:

Types of Remedies:

• Civil Remedies: Civil suits can be filed in court for trademark infringement. Remedies include:
  • Interim injunction
  • Permanent injunction
  • Damages
  • Removal orders
  • Cost recovery
• Criminal Remedies: Criminal cases can be filed for counterfeit trademark use or fraud. Penalties include:
  • Fine (up to 1-5 lakh BDT)
  • Imprisonment (6 months to 3 years)
  • Both fine and imprisonment
• Administrative Remedies: Stopping import/export of counterfeit goods through Customs authorities

Law Enforcement Process:

1. Sending legal notice
2. Applying for interim injunction
3. Collecting and preserving evidence
4. Filing civil or criminal case in court
5. Judicial proceedings
6. Enforcement of court order

Bangladesh is a member of the following international agreements applicable to trademark protection:

• Paris Convention: For protection of industrial property (member since 1991)
• TRIPS Agreement: WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
• Madrid Protocol: For international trademark registration (member since 2019)
• National Treatment: Foreign applicants receive same benefits as Bangladeshi nationals

Benefits of Madrid Protocol:

With Bangladesh's accession to the Madrid Protocol in 2019, Bangladeshi companies can now register their trademarks in multiple countries through a single application.

Trademark Rules, 2015:

Regulations enacted for implementing the Trademark Act, 2009, governing the following matters:

• Application forms and procedures
• Fee structure
• Document submission and processing
• Objection resolution procedures
• Registration renewal process
• Trademark Journal publication

Recent Amendments:

• Trademark (Amendment) Rules, 2021: Fee structure revision
• Trademark (Amendment) Rules, 2022: Introduction of online application system
• Trademark Classification (Update) Order, 2023: Adoption of 11th edition of Nice Classification