DeltaMark IP

Trademark Registration and Protection for your brand in Bangladesh. Contact Us: [email protected]

Application of Trademark – Bangladesh
To apply for Trademark Registration, the following details are required:
Name of the Mark / Logo / Device (clear representation or print)
Name of the Applicant
Address and Nationality of the Applicant
Status of the Applicant (Manufacturer / Importer / Service Provider)
Specification of Goods or Services and the relevant Class
User Date of the Mark (whether the mark is already in use or proposed to be used in Bangladesh)
General or Specific Power of Attorney (if applicable)
Applicable government fees must be paid.
Protect your brand and secure your business identity through proper trademark registration.

Purpose of Trademark Protection

The primary purpose of trademark protection is to safeguard brand identity and ensure that goods and services offered in the marketplace can be clearly distinguished by consumers.

Key objectives of trademark protection include:

Identification of Source
Trademarks enable consumers to identify the origin of goods or services, helping them make informed purchasing decisions.

Prevention of Consumer Confusion
By protecting distinctive marks, trademark law prevents others from using identical or similar marks that may mislead or confuse consumers.

Protection of Business Goodwill
Trademarks protect the reputation and goodwill built by a business through consistent quality and branding efforts.

Exclusive Legal Rights
Trademark protection grants the owner the exclusive right to use the mark and to prevent unauthorized use or infringement by others.

Promotion of Fair Competition
It discourages unfair competition by preventing imitation and passing off, thereby maintaining a fair marketplace.

Commercial and Economic Value
Trademarks are valuable business assets that can be licensed, assigned, or franchised, contributing to long-term economic growth.

Encouragement of Investment and Innovation
Legal certainty provided by trademark protection encourages businesses to invest in branding, quality improvement, and market expansion.

Overall, trademark protection serves both private interests (protecting brand owners) and public interests (protecting consumers and market integrity).

Scope of Intellectual Property

The term “intellectual property” refers to all categories of intellectual property that fall under Sections 1 through 7 of Part II of the relevant international legal framework. These subjects are treated as intellectual property and include the following:

Copyright and Related Rights

Trademarks

Geographical Indications

Industrial Designs

Patents

Layout-Designs (Topographies) of Integrated Circuits

Undisclosed Information

Control of Anti-Competitive Practices in Contractual Licences

In Bangladesh, the statutory scope of intellectual property protection primarily covers copyright, trademarks, patents, and industrial designs. Other categories of intellectual property—such as layout-designs of integrated circuits, undisclosed information, and certain competition-related protections—are not yet fully protected by specific statutory laws.

This limited scope highlights the need for further legislative development to ensure comprehensive intellectual property protection in line with international standards and evolving commercial realities.

Intellectual Property and Its Importance in Bangladesh

Intellectual Property (IP) is the result of human creativity. It arises from new ideas, original thoughts, creative expressions, symbols, signs, and innovations. Intellectual property plays a vital role in the cultural, industrial, and economic development of a country, making its protection and proper exploitation essential for sustainable growth.

In Bangladesh, a developing nation, intellectual property protection and enforcement have historically not been ensured or implemented consistently in every case. However, over the last decade, the country has experienced remarkable growth in industry and technology. Alongside this progress, the private sector has expanded significantly and is increasingly demanding stronger and more effective IP protection.

In line with various international treaties and agreements, Bangladesh’s approach toward intellectual property has evolved. Legislative and institutional developments indicate a positive shift toward stronger IP governance. Nonetheless, further improvements in enforcement, awareness, and implementation remain necessary to fully support innovation, investment, and competitiveness.

Strengthening intellectual property protection is therefore not only a legal necessity, but also a strategic requirement for Bangladesh’s continued economic and technological advancement.

Filing Requirements for Patent Application (Bangladesh)

To file a patent application in Bangladesh, the following information and documents are required:

(a) Name of the Inventor / Applicant
(b) Address(es) and Nationality of the inventor(s)
(c) Two sets of specifications and one set of drawings on tracing (transparent) paper
(d) Legalized Deed of Assignment (if applicable)
(e) Power of Attorney (Form–31)
(f) Certified copy of the foreign patent (in cases where priority is claimed)

All documents must be prepared in compliance with the prescribed rules to ensure smooth examination and processing.

Advertisement on Acceptance of Application

Upon acceptance of a patent application, the Registrar shall:

Notify the applicant of the acceptance, and

Advertise the acceptance of the application

Following advertisement, the specification and drawings (if any) shall be made open to public inspection, allowing transparency and the opportunity for public scrutiny.

Specifications of Patents

A patent application must be accompanied by either a Provisional Specification or a Complete Specification, as required under patent law in Bangladesh.

Provisional Specification
A provisional specification must describe the nature of the invention. It is typically filed when the invention is at an early stage and allows the applicant to secure a priority date.

Complete Specification
A complete specification must:

Fully and clearly describe the nature of the invention

Explain the manner in which the invention is to be performed

Begin with a title of the invention

End with a distinct and clear statement of the claims, defining the scope of protection sought

If a complete specification is not submitted at the time of filing the application, the applicant may submit it within nine (9) months from the date of application.

The Registrar may also require the applicant to provide drawings, models, or samples that illustrate the invention. Any such drawings, models, or samples, once accepted, form an integral part of the complete specification.