Trademark & Copyright Registration in Bangladesh (2026) – Complete Business Protection Guide

Bangladesh's intellectual property (IP) legal framework has developed significantly over recent decades and is now broadly aligned with international standards set by the World Intellectual Property Organization (WIPO) and the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) under the WTO. The key statutes are:

• Trademarks Act 2009 — governs registration and protection of brand names, logos, slogans, and trade dress
• Copyright Act 2000 — protects original literary, artistic, musical, dramatic, and software works
• Patents and Designs Act 1911 — covers inventions (patents) and decorative designs
• Geographical Indications of Goods (Registration and Protection) Act 2013 — protects products with specific geographic origin (e.g., Jamdani saree, Hilsa fish)
• Copyright (Amendment) Act 2005 — extended protection to software and digital content

As a Least Developed Country (LDC), Bangladesh also benefits from TRIPS flexibilities, including extended transition periods for pharmaceutical patents. However, these LDC benefits are transitional and the IP enforcement environment is progressively tightening as Bangladesh graduates to developing country status.

The principal IP administrative authority is the Department of Patents, Designs and Trademarks (DPDT) under the Ministry of Industries, which handles trademark and patent registration. Copyright matters are handled by the Copyright Office under the Ministry of Cultural Affairs.

A trademark is any sign, word, name, logo, device, colour, shape, or combination thereof that distinguishes your goods or services from those of competitors. Under the Trademarks Act 2009, registration gives you the exclusive right to use the mark in Bangladesh and the legal standing to take action against infringers.

What Can Be Registered as a Trademark?

• Brand names and company names (e.g., Aarong, Square)
• Logos, symbols, and device marks
• Slogans and taglines
• Three-dimensional shapes of goods or packaging
• Colour combinations (in limited circumstances)
• Sound marks and scent marks (emerging area)

What Cannot Be Registered?

• Generic names for goods (e.g., registering the word Shirt for a clothing brand)
• Descriptive marks that merely describe the goods
• Marks identical or deceptively similar to existing registered marks
• Marks contrary to public order or morality
• Official emblems, flags, or national symbols

Nice Classification System: Bangladesh follows the Nice International Classification of Goods and Services (currently the 12th edition). There are 45 classes — Classes 1-34 for goods, Classes 35-45 for services. Each class requires a separate application and fee. A clothing brand, for example, would typically file in Class 25 (clothing) and possibly Class 35 (retail services).

Registration Timeline: Currently the full trademark registration process in Bangladesh takes approximately 18-24 months from filing to certificate, due to the examination queue at DPDT. However, the application filing date is important — it establishes your priority date from which your rights are calculated.

The trademark registration process at the Department of Patents, Designs and Trademarks (DPDT) in Dhaka involves the following stages:

1. Trademark Search (Pre-Filing): Before filing, conduct a search of the DPDT register (available at the DPDT office or through an IP agent) to ensure no identical or confusingly similar mark exists in your class. A clear search does not guarantee registration but reduces the risk of rejection.
2. Application Filing (TM-1 Form): File Form TM-1 at the DPDT office in Dhaka (Topkhana Road). The application must include: (a) applicant's name and address, (b) representation of the mark (logo/word), (c) list of goods/services with class number, (d) claim of distinctiveness if needed, and (e) prescribed fee (currently BDT 3,000 per class for individuals; BDT 6,000 for companies).
3. Formal Examination: The DPDT examines the application for formal compliance (correct filing, fees, representation). Any deficiencies trigger an office action requiring a response within 2 months.
4. Substantive Examination: The Trade Marks Registrar examines whether the mark is inherently distinctive and conflicts with existing marks. If accepted, the Registrar issues an acceptance notice.
5. Publication in the Trademarks Journal: The accepted mark is published in the Bangladesh Trademarks Journal for 2 months during which third parties can file an opposition.
6. Opposition Proceedings (if any): If a third party opposes the mark, opposition proceedings are conducted before the Registrar. Both parties submit evidence and arguments. This can add 6-18 months to the process.
7. Registration and Certificate: If no opposition is filed, or if the opposition is defeated, the Registrar enters the mark in the register and issues a Registration Certificate. Registration is valid for 7 years from the filing date and is renewable indefinitely for further 10-year periods.

Unlike trademarks, copyright protection is automatic in Bangladesh upon creation of an original work. You do not need to register a work to own copyright. This is a fundamental principle of the Copyright Act 2000 and is consistent with the Berne Convention, to which Bangladesh is a signatory.

Works Protected by Copyright:

• Literary works — books, articles, novels, poems, textbooks
• Musical works — songs, compositions (music and lyrics)
• Artistic works — paintings, drawings, photographs, sculptures
• Dramatic works — plays, scripts, choreography
• Cinematographic works — films, video content
• Sound recordings and broadcasts
• Computer software and databases

Duration of Copyright Protection: As of 2026, copyright in Bangladesh lasts for the lifetime of the author plus 60 years (Section 24 of the Copyright Act 2000, as amended). For films and sound recordings, it is 60 years from the year of publication.

Why Register Copyright if It Is Automatic? While automatic, copyright registration at the Copyright Office (Ministry of Cultural Affairs) provides significant practical benefits:

• Creates a public, date-stamped record of ownership
• Establishes a legal presumption of ownership in court proceedings
• Required for licensing and sale of copyright in many commercial contracts
• Needed to record a copyright assignment at the office

Copyright Registration Process: File an application with the Copyright Office in Dhaka with: (a) 2 copies of the work, (b) author's NID, (c) power of attorney if filed by an agent, and (d) prescribed fee (BDT 300-1,000 depending on work type). The process takes approximately 3-6 months.

Copyright Infringement and Penalties: Under Section 82 of the Copyright Act 2000, infringement is punishable by imprisonment of up to 4 years and/or a fine up to BDT 2,00,000 (two lakh). Civil remedies include injunction, damages, and account of profits.

Bangladesh's patent law is still governed by the colonial-era Patents and Designs Act 1911 (as amended), though a new Patents Act has been under discussion for several years. Patent registration gives the inventor an exclusive right to make, use, and sell the invention in Bangladesh for a period of 16 years from the filing date (non-renewable).

What Is Patentable?

• New and useful processes, methods, or manufacturing techniques
• New and useful articles of manufacture
• New and useful compositions of matter
• New and useful improvements of the above

What Is Not Patentable?

• Scientific theories or mathematical methods
• Business methods or mental acts
• Inventions contrary to law or morality
• Agricultural or horticultural methods
• Pharmaceutical products (LDC exemption currently applicable)

Design Registration: Industrial designs (the ornamental or aesthetic aspects of a product) are also registered at the DPDT under the same Act. Design registration protects the visual appearance of a product for 5 years, renewable twice (maximum 15 years).

Patent Filing Process: File a patent specification (provisional or complete) with the DPDT. A provisional specification gives you a 12-month window to file the complete specification. The DPDT examines novelty, inventive step, and industrial applicability. The process currently takes 3-5 years.

Many business owners confuse these three types of intellectual property. Here is a clear comparison:

If someone is using a mark identical or deceptively similar to your registered trademark — on products, packaging, websites, or advertising — you have several legal options, which are typically pursued in escalating order:

1. Cease and Desist Letter: The first step is usually a formal legal letter from your advocate demanding that the infringer immediately stop using the mark, destroy infringing stock, and pay compensation. Many infringers comply at this stage to avoid litigation costs. The letter should cite your registration number, describe the infringing acts, and set a response deadline (typically 14-21 days).
2. Civil Suit for Trademark Infringement: Under Section 77 of the Trademarks Act 2009, a registered trademark owner can file a civil suit in the District Court seeking: (a) temporary and permanent injunction restraining further use; (b) damages (actual loss suffered); (c) account of profits (the infringer's gains); (d) delivery up and destruction of infringing goods.
3. Criminal Complaint: Under Section 73 of the Trademarks Act 2009, trademark infringement is a criminal offence. A criminal complaint can be filed with the police or directly in a Magistrate's Court. Police can raid the infringer's premises, seize infringing goods, and arrest the accused. Criminal proceedings run parallel to civil proceedings.
4. Customs Recordal (Border Measures): Under the Customs Act 1969, you can record your trademark with the Bangladesh Customs authority to prevent import of counterfeit goods bearing your mark. Customs officers can detain and seize suspected infringing shipments.
5. Domain Name Disputes: If someone is using your brand name as a .bd domain, you can file a complaint with the Bangladesh Telecommunication Regulatory Commission (BTRC) or pursue a Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceeding for international domains (.com, .net, etc.).

Common Infringement Scenarios in Bangladesh:

• Copying product packaging (trade dress infringement) in fast-moving consumer goods (FMCG) sector
• Using similar brand names for pharmaceuticals or food products
• Selling counterfeit garments with copied brand labels
• Using a client's old trademark after a business relationship ends

The Trademarks Act 2009 provides both civil and criminal remedies for trademark infringement. The criminal penalties under the Act are significant:

• Section 73(1): Any person who counterfeits a registered trademark is punishable by imprisonment for a term not less than 6 months and not more than 2 years, with a fine of not less than BDT 50,000 and not more than BDT 3,00,000 (three lakh).
• Section 73(2): A second or subsequent offence attracts a minimum sentence of 1 year imprisonment and a minimum fine of BDT 1,00,000.
• Section 76: Possession of instruments for counterfeiting a trademark is also an offence.
• Section 77: Falsely applying a registered trademark to goods is separately punishable.

Civil Remedies: In addition to criminal penalties, the trademark owner can recover:

• Actual damages suffered as a result of infringement
• Account of profits earned by the infringer
• Conversion damages (treating infringing goods as the trademark owner's property)
• Delivery up and destruction of infringing goods and packaging
• Costs of litigation

Practical Reality: Criminal enforcement in Bangladesh's trademark cases can be slow and requires an active complainant. The most effective strategy currently is to combine a swift civil injunction (which can be obtained on an ex-parte basis, without hearing the other side, in urgent cases) with a criminal complaint. A court injunction stops the infringement immediately while the full case is litigated.

Bangladesh has taken significant steps to protect its traditional and geographically distinctive products. The Geographical Indications of Goods (Registration and Protection) Act 2013 provides protection for products whose quality, reputation, or other characteristics are essentially attributable to their geographic origin.

Notable GI Registrations in Bangladesh:

• Jamdani saree — registered as a Geographical Indication, recognized by UNESCO as an Intangible Cultural Heritage
• Hilsa fish of Bangladesh — registered to protect the distinctive branding of Bangladeshi Hilsa
• Muslin of Dhaka — efforts underway for full GI protection
• Rajshahi silk — under GI application process

Emerging IP Issues for Bangladeshi Businesses:

• Software and App IP: As Bangladesh's IT sector grows, disputes over code ownership, app cloning, and API piracy are increasing. These are addressed under the Copyright Act 2000 and potentially the Digital Security Act 2018 (now the Cyber Security Act 2023).
• Social Media Brand Infringement: Fake Facebook pages, Instagram accounts, and YouTube channels impersonating brands are a growing problem. These require both IP law action and complaints to the platforms' IP enforcement teams.
• Traditional Knowledge: Bangladesh has indigenous traditional knowledge (medicinal plants, textile patterns) that may be exploitable by foreign corporations without IP protection — a subject of ongoing legislative debate.

Businesses operating in Bangladesh should conduct periodic IP audits to ensure their brand assets are fully protected. Our corporate law team at the Uttara, Dhaka chamber of Advocate Md. Shah Alam assists clients with trademark searches, DPDT filings, opposition proceedings, and infringement enforcement actions. Whether you are a startup protecting your first logo or an established company fighting counterfeiters, we provide comprehensive IP legal support.

Currently the full trademark registration process at the DPDT takes approximately 18-24 months from the filing date. This includes formal examination, substantive examination, publication in the Trademarks Journal (2-month opposition window), and issuance of the registration certificate. If an opposition is filed, the process can take longer.

No. Copyright protection is automatic upon creation of an original work under the Copyright Act 2000. Registration at the Copyright Office is optional but highly recommended because it creates a public record of ownership, establishes a legal presumption of ownership in court, and is often required for commercial licensing agreements.

Under the Trademarks Act 2009, Section 73, criminal penalties for trademark counterfeiting include 6 months to 2 years imprisonment and a fine of BDT 50,000 to BDT 3,00,000 (three lakh). For repeat offenders, minimum imprisonment is 1 year and minimum fine is BDT 1,00,000. Civil remedies include injunction, damages, and destruction of infringing goods.

Yes. Foreign companies can register trademarks in Bangladesh directly or through a local trademark agent. Bangladesh is a member of the Paris Convention, so foreign trademark holders can claim priority from their home country filing date if they file in Bangladesh within 6 months. Registration must be applied for at the DPDT in Dhaka.

A trademark identifies the goods or services of a particular business (registered at DPDT under the Trademarks Act 2009). A trade name or company name is the name under which a business operates (registered at the Registrar of Joint Stock Companies under the Companies Act 1994). Both can overlap — a company name can also be a trademark — but they require separate registrations with different authorities.

If your trademark is registered, you can: (1) send a cease and desist letter through your advocate; (2) file a civil suit seeking injunction and damages under Section 77 of the Trademarks Act 2009; (3) file a criminal complaint under Section 73 of the Act. An ex-parte injunction from a district court can stop the infringement immediately while the case is heard. Contact a corporate IP lawyer immediately if you discover infringement.