In Bangladesh, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can an unregistered trademark be protected. The trademark applications must be filed with the Department of Patents, Designs and Trademarks (DPDT) of the Ministry of Industries of Bangladesh.
If you register a combined trademark (which includes both word elements and figurative elements) in Bangladesh, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.
Opposition actions may be filed by interested third parties against a trademark application within a period of two (2) months following its publication in the Trade Mark Journal. Upon request, an extension of time of one additional month may be granted. The probabilities of success for an opposition will vary in each case depending on the circumstances.
Although a trademark does not have to be in use in order for it to register, it must not go unused for more than five years after registration or it will become vulnerable to cancellation actions based on lack of use of the trademark.
Registered trademarks in Bangladesh have a validity of seven (7) years from the application date and can be renewed indefinitely for further periods of ten (10) years. There is no grace period to renew the trademark once it has expired.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Bangladesh (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.
Trademark rights are granted when registering the trademark through the corresponding government offices. Although in some jurisdictions using a trademark, without actually registering it, may grant the user, owner or trader certain rights, it is only by registration that these rights can become undisputed and properly secured.
With the exception of “Geographical Indications” and “Denominations of Origin”, trademarks that include known geographical names will be refused in most jurisdictions. This is due to the fact that:
1. Consumers may be led to believe that the goods and/or services sold under the trademark originate from the geographical place included in the trademark. This may be either misleading or indicative, depending on whether or not the goods and/or services in fact do come from that place.
2. The expression may be relevant in the consumers’ appraisal of quality of the products and/or services sold under the trademark, therefore leading to the trademark being considered as descriptive.
Nevertheless, if the geographical name is accompanied by other predominant elements, the trademark may be granted registration in determined situations.