Starting a business in Bangladesh is exciting. You have ideas, customers, and maybe even a small team. But have you thought about your brand? Your name is more than just words. It’s your reputation, your identity, and how people remember you. That’s why it’s important to know how to legally protect your business name in Bangladesh.
If someone else starts using your name or a similar one, it can create confusion, lost customers, and even legal trouble. You don’t want that. Protecting your name early keeps your business safe and your brand strong. In this guide, I will show you step by step how to secure your business name and your brand legally. You’ll learn the exact process, what documents you need, and how to make sure no one can take your name.
Here’s How to Legally Protect Your Business Name in Bangladesh
Let me guide you step by step through the process of legally protecting your business name in Bangladesh.
1. Understand What “Protecting a Business Name” Means
First, it’s important to understand that protecting your business name can mean two different things:
A. Company or Business Name Registration
This is basically registering your business so you can operate legally in Bangladesh. It gives your business a legal identity, but it does not stop someone else from using a similar name. You can register a sole proprietorship, a partnership, or a limited company, which allows you to run your business officially.
B. Trademark Registration
This is the main way to legally protect your brand. A trademark gives you exclusive rights to use your business name, logo, or brand for your products and services. It also lets you take legal action if someone copies or uses your brand without permission. So, just registering your business name is not enough. To fully protect your brand from copycats, you need to register a trademark.
2. Register Your Business Name
Before protecting your name with a trademark, your business needs to be officially registered.
A. Choose Your Business Type
In Bangladesh, most businesses use one of these structures:
- Sole Proprietorship
- Partnership
- Limited Company (Private Limited)
B. Register with the Right Authority
- Sole Proprietorship or Partnership: You need to register your business name with your local city corporation or municipality and get a Trade License.
- Limited Company: You need to register with the Registrar of Joint Stock Companies & Firms (RJSC). You will submit documents like the memorandum of association, articles of association, directors’ details, and your proposed business name.
After approval, you will get a Certificate of Incorporation (for companies) or a Trade License (for sole proprietors). This allows you to run your business legally, but it doesn’t stop others from using similar names.
3. Trademark Registration: Protect Your Brand
Now comes the legal protection part. In Bangladesh, a trademark is the best way to secure your business name, logo, or brand identity.
A. What is a Trademark?
A trademark can be a word, symbol, logo, or combination that identifies your products or services and separates them from others.
B. Why Register a Trademark?
- You get exclusive rights to your name or logo.
- You can take legal action if someone copies your brand.
- It builds trust and credibility with customers and partners.
4. Step-by-Step Trademark Registration in Bangladesh
Trademarks in Bangladesh are registered with the Department of Patents, Designs & Trademarks(DPDT) under the Trademarks Act, 2009.
Step 1: Trademark Search
Before you file, you should check the DPDT database to see if your name or logo is already registered or very similar. This saves time and avoids rejection.
Step 2: File the Application
Submit your trademark application to DPDT with:
- Your logo or business name
- Your details (name, address, nationality)
- List of products/services and their class numbers
- Supporting documents like the Trade License or the Incorporation Certificate
Remember, you need to file separate applications for different categories of products or services.
Step 3: Examination by DPDT
DPDT will check your application to make sure your mark:
- Is distinct and not misleading
- Doesn’t conflict with existing trademarks
If there are objections, you will need to respond with explanations.
Step 4: Publication in Trademark Journal
Once preliminarily approved, your mark is published in the official Trademark Journal. This allows others to object within a set time if they think it conflicts with their brand.
Step 5: Registration Certificate
If no objections are filed or your responses are accepted, DPDT will issue your Trademark Registration Certificate, giving you full legal protection.
5. Timeline, Fees, and Renewal
- Timeline: Registering a trademark in Bangladesh usually takes about 8 to 14 months if there is no opposition. The process includes filing your application, examination by the registrar, responding to any objections, publication in the trademark journal, and finally receiving your registration certificate. If someone opposes your trademark, the timeline can extend to 18 to 24 months or more, depending on how complex the opposition is.
- Fees: Government fees depend on how many classes of goods or services you register and whether you hire a lawyer. You should expect to pay around 20,000 to 50,000 taka for a typical trademark registration, including official fees, VAT, and any professional fees. Some specific actions, like renewal, amendments, or additional registrations, may require extra fees.
- Renewal: A trademark is valid for 7 years initially. After that, you can renew it every 10 years, indefinitely, as long as you keep up with the renewals. Start the renewal process 6 to 12 months before expiry to avoid lapses, though there is usually a grace period with a surcharge.
6. After Registration – What You Can Do
Use the ® Symbol
Once registered, you can use the ® symbol next to your name or logo to show it is legally protected.
Enforce Your Rights
If someone uses your trademark without permission, you can file a case in court.
Key Things to Remember for Legally Protecting Your Business Name in Bangladesh
- Registering your business name alone does not fully protect it.
- Trademark registration is what gives exclusive legal rights.
- Your trademark must be disti nctive; generic names may not get approved.
Summary: Legal Path to Protect Your Business Name
- Decide on your business structure (sole proprietor, partnership, or private limited).
- Register your business name legally with the RJSC or the local authority.
- Conduct a trademark search to avoid conflicts.
- File your trademark application with DPDT.
- Complete examination and publication steps.
- Receive your Trademark Certificate, enforce your rights, and renew when needed.
How I Help You Legally Protect Your Business Name in Bangladesh
I’m Nashir Ahmed Kushol, your trusted company lawyer in Bangladesh, the Head of the Chamber at Legal Advice BD, a prominent law firm in Dhaka. I have over 10 years of experience helping businesses legally protect their names and brands.
I guide you through every step, from registering your business name with the authorities to filing and securing a trademark for your brand. My team handles all the paperwork, searches for conflicts, responds to objections, and ensures your name and logo are fully protected under the law. With my support, you can stop copycats, avoid legal issues, and focus on growing your business confidently. Let me make the process smooth, safe, and fully compliant.
HIRE ME today and secure your business name in Bangladesh without stress.
Wrapping Up
So, hopefully, you now know how to legally protect your business name in Bangladesh. Protecting your business name in Bangladesh is important to keep your brand safe and avoid copycats. By registering your business and securing a trademark, you get full legal protection. Follow the steps carefully, pay the fees, and keep track of renewals. With the right guidance, your business name and brand stay secure, letting you focus on growing your business with peace of mind.
FAQs
- Can I use my business name before registering it?
Yes, you can start using your business name, but it does not give full legal protection. Others might use a similar name. Registering your business and filing a trademark gives you exclusive rights and protects your brand.
- Do I need a lawyer to register my business name?
No, you can register by yourself. But a lawyer makes the process easier, avoids mistakes, and helps with documents and trademark filings. It saves time and stress.
- Can one trademark cover all types of business activities?
Not always. You need to register trademarks for different classes if your business works in multiple areas. Each class protects your brand for that specific product or service.
- What happens if someone uses my business name without permission?
If your trademark is registered, you can take legal action in court. You can stop them from using it and claim damages if needed. Legal protection makes your brand safer.
- How long does it take to get full trademark protection?
Usually, it takes about 8 to 14 months if no one opposes it. If there is an objection, it can take 18 to 24 months or more. Patience is needed, but it is worth it.
- Can I change my business name after registration?
Yes, you can change it, but you must update all registrations and filings. You may also need a new trademark application if the brand name changes.
- Can foreign companies register their business name in Bangladesh?
Yes, foreign businesses can register and protect their name here. You may need extra approvals and legal support. A lawyer can make this process smooth and fast.
