Trademark Examination Process in Bangladesh

July 8, 2026

◻️What does the Registrar check during the examination?

1. Legal Compliance Check The Registrar checks whether the trademark complies with relevant sections of the law, particularly Sections 6, 8, 9, 10, 11, 67(1), and 120 of the Trademark Act.
2. Conflict with Existing Marks The Registrar verifies whether the proposed trademark is identical or confusingly similar to any existing registered trademarks or pending applications for similar goods or services.
3. Descriptive or Generic Nature The examination also assesses whether the trademark is merely descriptive of the goods or services or if it lacks distinctiveness, making it unsuitable for exclusive registration.

◻️ Common Sections That May Cause Trademark Objection:

Section 6(1)(c) of the Trademarks Act, 2009, states that a trademark cannot be registered if it does not include at least one invented word. An invented word is a word that has no direct meaning and is uniquely created for the mark.

Section 6(1)(d) mentions that a trademark must include words or elements that do not directly describe the character or quality of the goods or services. This may include personal names, surnames, geographical names, or the names of a sect, caste, or tribe in Bangladesh, as long as they are not directly descriptive.

Section 6(1)(e) specifies that a trademark must be distinctive. If a mark cannot distinguish one’s goods or services from others in the market, it is not eligible for registration.

Section 8(c) provides that a trademark cannot be registered if its use is likely to deceive or confuse the public. This is to prevent misleading information about the source or nature of the goods or services.

Section 8(d) restricts the registration of any trademark that may hurt the religious feelings of any group of people in Bangladesh. Marks containing offensive or sensitive religious content are not permitted.

Section 10(1) prohibits the registration of a trademark if it is identical or deceptively similar to an already registered trademark for the same or similar goods or services under a different owner.

Section 10(3) explains that if two similar or identical trademark applications are filed by different applicants for the same goods or services, the Registrar will hold the later application until the first one is resolved, considering the evidence and oppositions.

Section 10(4) of the Trademark Act, 2009, prohibits the registration of any trademark that is identical, confusingly similar, or a translation of a well-known mark or trade description in Bangladesh if it is for identical or similar goods or services of another enterprise.