Protection of Foreign Trademarks in Bangladesh

Protection of Foreign Trademarks in Bangladesh

Under what circumstances may foreign trademarks not registered in the jurisdiction be enforced (e.g., under unfair competition law)?

As trademark rights are jurisdictional in nature, Bangladeshi trademark law primarily offers protection to trademarks used or registered within Bangladesh. However, Bangladeshi courts have considered factors such as cross-border reputation and goodwill when protecting trademarks that are used or registered in foreign countries.

Bangladeshi courts have consistently opposed the unlawful gain or profit derived from the reputation built by third parties worldwide. Furthermore, the courts have also taken action against "passing off," which is prohibited under the Trademarks Act, 2009. This legal principle is primarily used to protect the goodwill associated with unregistered trademarks, including foreign trademarks.

Does the trademark office permit registration of a mark based on a foreign or international (Madrid) registration?

As of February 2025, Bangladesh is not yet a signatory to the Madrid Protocol—an international system administered by the World Intellectual Property Organization (WIPO) that allows applicants to obtain multiple jurisdictional trademark registrations based on a single international application. However, Bangladesh is a member of various significant international treaties and conventions. The country has been a member of the Universal Copyright Convention (UCC) since 1975, WIPO since 1985, the TRIPS Agreement since April 15, 1994, the Berne Convention since 1999, and the Paris Convention since 1991.

In addition, a foreign applicant may file a trademark application under the Paris Convention. The Paris Convention grants rights to member countries for the purpose of securing and protecting industrial property. Through a convention trademark application, an applicant can seek to register a trademark while claiming priority from a convention member country. If the trademark is registered, the registration date will be considered as the date on which the application was originally filed in the convention country.