Renewal

What is trademark?


In Bangladesh, a trademark is a unique symbol, word, phrase, design, or combination of these elements that distinguishes and identifies the goods or services of one business from those of another. Trademarks play a vital role in business by helping consumers to recognize and differentiate between different products and services.

The Trademarks Act 2009 governs the registration and protection of trademarks in Bangladesh. To obtain trademark protection in Bangladesh, the trademark owner must apply to the Department of Patents, Designs and Trademarks (DPDT) under the Ministry of Industries. Once the trademark is registered, the owner has exclusive rights to use the mark in connection with the goods or services for which it is registered.

Trademark owners in Bangladesh can enforce their rights through legal action against any person or entity that uses their mark without permission or in a way that could create confusion in the market. The penalties for infringing a trademark in Bangladesh can include fines and imprisonment, as well as orders to pay damages and cease using the infringing mark.

Who can register a trademark in Bangladesh?

Anyone, from individuals to companies, can register a trademark in Bangladesh, regardless of their nationality or location. However, foreign applicants must appoint a local agent to represent them.

How to register a trademark:

  • Conduct a trademark search: Ensure your desired trademark isn’t already registered by someone else.
  • Prepare and file the application: Include details like the trademark, applicant information, and goods/services the mark will cover.
  • Examination and publication: The Registrar examines the application for compliance and distinctiveness. If approved, it’s published in the Trademark Journal.
  • Opposition period: Anyone can oppose the registration within two months of publication.
  • Grant of registration: If no opposition or opposition is resolved in your favor, your trademark is registered for seven years.

Procedure Timeline:

The entire process can take between 6 and 36 months, depending on the workload at the Registry and potential opposition.

Additional notes:

  • Trademarks can be renewed indefinitely in 10-year periods.
  • Seeking professional assistance from a trademark attorney is recommended for a smooth and successful registration process.

Useful Resources:

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Renew before expiry to avoid late fee and potential legal issues.

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Trademark Renewal Cost Prior to Expiration Date 

In Bangladesh, it is possible to renew a trademark before the expiration of its registration period. The renewal application should be filed with the Department of Patents, Designs and Trademarks (DPDT) at least six months prior to the expiration date of the trademark registration.

It is advisable to renew the trademark prior to its expiration date to circumvent any potential legal complications that may arise due to the expiration of the trademark registration. If the trademark owner neglects to renew the trademark prior to its expiration date, the trademark will be deemed lapsed, and the owner will forfeit the exclusive right to use the mark.

Renewing the trademark prior to its expiration date ensures that the owner retains the exclusive right to use the mark and safeguards against any unauthorized use of the mark. It also ensures that the trademark registration remains active, and the owner can initiate legal action against any infringement of the mark.

Trademark Renewal Cost After Expiration Date In Bangladesh, a trademark can be renewed within six months from the expiration of its registration period. However, a late fee is required for the renewal of an expired trademark.

If the trademark is not renewed within the six-month grace period, the trademark registration will be deemed as lapsed, and the owner will forfeit the exclusive right to use the mark. If a third party files an application to register a similar or identical trademark, the owner of the lapsed trademark may face opposition or legal action.

It is important to note that if a trademark has lapsed, the owner can still apply for a new trademark registration. However, the new registration will be subject to examination and opposition by third parties.

Therefore, it is recommended to renew the trademark prior to the expiration date to circumvent any potential legal complications and protect the exclusive right to use the mark. If the trademark has already expired, the owner should renew it as soon as possible to minimize any potential loss of rights or legal challenges.

Requirements for Trademark Renewal in Bangladesh To renew a trademark in Bangladesh, the trademark owner must submit a renewal application to the Department of Patents, Designs and Trademarks (DPDT) at least six months prior to the expiration of the current registration. The renewal application should include the following:

  • Trademark registration number
  • Date of registration
  • Renewal fee payment receipt
  • POA (simple)

If the renewal application is filed after the expiration of the trademark registration but within the six-month grace period, a late fee must be paid in addition to the renewal fee.

If the renewal application is accepted, the trademark registration will be renewed for a period of 10 years from the expiration of the previous registration.

It is important to note that failure to renew a trademark registration within the grace period will result in the trademark being deemed as lapsed, and the owner will forfeit the exclusive right to use the mark. Therefore, it is crucial for trademark owners in Bangladesh to renew their trademarks promptly to maintain the protection and enforceability of their trademarks.

Validity and Renewal Period:

  • Trademark registrations are valid for 7 years in Bangladesh.
  • Renewable for consecutive 10-year periods.

Renewal Application:

  • File with the Department of Patents, Designs and Trademarks (DPDT) at least 6 months before expiration.
  • Include:
    • Trademark registration number
    • Date of registration
    • Renewal fee payment receipt
    • Simple power of attorney (POA)

Trademark Renewal Cost

RequirementBefore ExpirationAfter Expiration (within 6 months)
Application Filing Deadline  6 months before  6 months after (with late fee)
Renewal FeeUSD 280USD 280
Late FeeUSD 70

Prior to Expiration Date

  1. Renewal application should be filed with the Department of Patents, Designs and Trademarks (DPDT) at least six months prior to the expiration date.
  2. Renewing the trademark prior to its expiration date ensures that the owner retains the exclusive right to use the mark.

After Expiration Date

  1. A trademark can be renewed within six months from the expiration of its registration period with a late fee.
  2. If the trademark has already expired, the owner should renew it as soon as possible.

Requirements for Trademark Renewal in Bangladesh

  1. Submit a renewal application to the Department of Patents, Designs and Trademarks (DPDT) at least six months prior to the expiration of the current registration.
  2. The renewal application should include the trademark registration number, date of registration, renewal fee payment receipt, and POA (simple).
  3. If the renewal application is accepted, the trademark registration will be renewed for a period of 10 years from the expiration of the previous registration.

Trademark Renewal Laws in Bangladesh

Key Points:

  • Validity: Trademarks are valid for 7 years and can be renewed for 10-year periods.
  • Renewal Application: Must be submitted to the Registrar 6 months before expiration.
  • Requirements: Include registration number, date, fee receipt, and simple POA.
  • Renewal Fees: Official fee applies + professional fee recommended.
  • Late Renewal: Possible within 6 months with late fee.
  • Non-Renewal Consequences: Trademark lapses and loses protection.
  • Restoration: Possible for up to 1 year after lapse with Registrar’s approval.
  • Removal from Register: For non-payment or non-use.
  • Special Case: Removed trademark remains protected for 1 year against similar applications.

Remember: Always comply with deadlines and consult a legal professional for specific advice.