Key Points of Bangladesh Trademark Act, 2009

The Bangladesh Trademarks Act, 2009 governs trademark registration, protection, and enforcement in Bangladesh. Below are the key aspects of this law:

1. Trademark Registration

• • Businesses and individuals can register names, words, symbols, or designs as trademarks to distinguish their goods or services.
  • Registration provides exclusive rights, although it is not mandatory.
  • The Registrar of Trademarks under the Department of Patents, Designs, and Trademarks (DPDT) processes trademark applications.
  • The system follows a first-to-file principle.

2. Classification System

• • Bangladesh follows the Nice Classification for trademark registration, covering both goods and services.

3. Examination & Opposition

• • The Registrar examines trademark applications to ensure uniqueness and avoid conflicts.
  • Authorities publish accepted applications in the Trademarks Journal for public review.
  • Any third party can oppose a trademark within 60 days of publication.

4. Duration & Renewal

• • A registered trademark remains valid for 7 years from the filing date.
  • Owners can renew trademarks indefinitely for 10-year periods.

5. Rights of Trademark Owners

• • Registered owners gain exclusive usage rights for their trademarks.
  • They can take legal action against infringement and passing off.
  • Owners can also assign or license their trademarks to others.

6. Infringement & Legal Remedies

• • Unauthorized use of a registered trademark results in infringement.
  • Trademark owners can file lawsuits seeking injunctions, damages, or seizure of counterfeit goods.
  • Offenders face criminal penalties, including fines and imprisonment.

7. Well-Known Trademarks

• • The law protects well-known trademarks, even if they are not registered in Bangladesh.

8. Prohibited & Non-Registrable Marks

• • The Registrar rejects deceptive, generic, or offensive trademarks.
  • The law also prohibits trademarks containing national symbols or misleading geographic names.

9. Cancellation & Revocation

• • The Registrar can remove trademarks if owners fail to use them for five consecutive years.
  • Any party can request a cancellation for wrongful trademark registration.

10. International Agreements & Foreign Trademarks

• • Bangladesh follows international conventions such as the Paris Convention and the TRIPS Agreement.
  • Foreign applicants can register trademarks in Bangladesh through a local trademark agent.

For more, you can access the Bangladesh Trademarks Act, 2009 in English through the following local sources:

• PDF Version: The Ministry of Law, Justice and Parliamentary Affairs provides an English version of the Act in PDF format: Trademarks Act, 2009 PDF

• Online Text: The same ministry offers an online version of the Act, which includes both Bangla and English texts: Trademarks Act, 2009 Online

Please note that while these sources provide the Act in English, the Bangla version remains the official and legally binding text.

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