I. The Old System
Prior to February 2025, the DPDT conducted only a formality examination of trademark applications — checking whether the application was complete and formally in order. Absolute grounds (distinctiveness, descriptiveness) and relative grounds (conflicts with earlier marks) were not examined proactively. This meant that a wide range of marks — including potentially descriptive ones — could proceed to registration without substantive challenge from the Office.
II. What Changes Under Substantive Examination
Absolute grounds examination: The DPDT will now examine whether a mark is sufficiently distinctive to function as a trademark, whether it is descriptive of the goods/services, whether it is deceptive, and whether it contains prohibited matter (emblems, flags, etc.).
Relative grounds examination: The Office will search the existing register for earlier identical or confusingly similar marks in the same or related classes — and issue an objection where a conflict is found. This makes prior clearance searches more important than ever before.
III. The Single-Class Rule
Bangladesh does not permit multi-class filing. Each application covers only one class of goods or services. For brand owners seeking protection across multiple classes, separate applications must be filed for each class. This increases both cost and administrative burden for multi-class portfolios.
IV. Revised Filing Strategy for Bangladesh
Conduct a clearance search before filing: With substantive examination now operative, a prior art search against the Bangladesh register is essential before filing — particularly for marks that may conflict with earlier Bangladeshi or international registrations.
File class by class strategically: Prioritise the classes most critical to your commercial operations in Bangladesh first. Stagger multi-class filings to manage costs while securing the highest-priority protection promptly.
Madrid Protocol filings: Bangladesh is a Madrid Protocol member — international applications designating Bangladesh remain an option and are subject to the same examination standards. However, the single-class rule applies equally to Madrid designations.
Aswal Associates handles Bangladesh trademark prosecution directly through its South Asia team and associate network in Dhaka.