Filing a trademark in Bangladesh is a crucial step to protect your brand identity, but many applications face objections from the Department of Patents, Designs & Trademarks (DPDT). These objections usually arise due to non-compliance with certain provisions under the Trademarks Act, 2009. Below is a comprehensive guide to the most common sections that can trigger an objection and how they impact the registrability of a trademark.
◻️Section 6 – Basic Requirements for a Trademark
1. Section 6(1)(c) – Invented Word Requirement
This section states that a trademark cannot be registered unless it contains at least one invented word.
An invented word is a term that has no direct meaning in any language and is uniquely created for branding purposes. Examples include Kodak or Pepsi – words that were coined solely to function as trademarks.
✅ Practical Tip: Choose a coined, unique word that does not directly describe your goods or services to increase registrability.
2. Section 6(1)(d) – Non-Descriptive Elements
A trademark must not directly describe the character, quality, or type of goods/services. Marks consisting of the following may face objection if they are directly descriptive:
- Personal names or surnames
Example: “Rahim” for clothing, “Smith” for kitchen utensils, “Johnson” for cosmetics - Geographical names
Example: “Dhaka” for rice, “Paris” for perfumes (without acquired distinctiveness), “Kashmir” for shawls - Names of sects, castes, or tribes
Example: “Brahmin” for spices, “Sufi” for tea, “Cherokee” for apparel - Character, quality, or type of goods/services
Example: The word “Sweet” for candy would be rejected as it directly describes the goods
3. Section 6(1)(e) – Distinctiveness
A trademark must be capable of distinguishing the applicant’s goods/services from others. A purely generic or common term cannot serve as a trademark.
✅ Example: The word “Milk” for dairy products cannot be registered, but a coined term like “Milko” might be allowed.
◻️Section 8 – Prohibited Marks
Section 8 of the Trademarks Act (Bangladesh) lays down several circumstances under which a trademark shall not be registered. These prohibitions ensure that trademarks uphold public order, prevent consumer deception, and protect moral and cultural values.
1. Scandalous or Obscene Marks – Section 8(a)
A trademark containing any matter that is scandalous, vulgar, indecent, or offensive to public morality is prohibited.
Example:
A mark containing sexually explicit words or obscene graphics would be refused registration as it violates public decency and social morality.
2. Marks Contrary to Law – Section 8(b)
If the use or representation of a trademark is in conflict with any existing law, the mark cannot be registered.
Example:
A mark that promotes illegal drugs or uses restricted pharmaceutical names without authorization would be rejected for violating applicable drug regulations.
3. Deceptive or Confusing Marks – Section 8(c)
A trademark that is likely to mislead or confuse the public as to the origin, quality, or identity of goods/services is prohibited.
Example:
The mark “Sonyy” for electronic goods may be refused due to its resemblance to “Sony”, which could mislead consumers into believing the products are connected.
4. Marks Offensive to Religious Sentiments – Section 8(d)
Marks containing words, images, or expressions likely to hurt the religious feelings of any class of people in Bangladesh are not registrable.
Example:
Using holy scriptures, sacred symbols, or names of deities in commercial trademarks may be refused for being disrespectful to religious sentiments.
5. Unauthorized Use of National or International Symbols – Section 8(e)
Marks that use the name, initials, emblem, flag, seal, or insignia of the Government of Bangladesh or international organizations without authorization are prohibited.
Example:
A mark displaying the Bangladesh National Emblem or UN logo without permission will be refused registration.
6. Marks Not Otherwise Entitled to Protection – Section 8(f)
Marks that are generic, descriptive, non-distinctive, or have become customary in trade are not entitled to protection.
Example:
The word “RICE” for rice products is generic and cannot function as a source identifier, hence it may be refused.
7. Bad Faith Applications – Section 8(g)
If the applicant has applied for the trademark dishonestly or in bad faith, the application may be rejected.
Example:
Registering “NIKEE” merely to exploit the reputation of Nike constitutes bad-faith filing and may be refused.
A trademark shall not be registered if it falls under any of the following grounds:
| Clause | Ground | Meaning | Example |
|---|---|---|---|
| 8(a) | Scandalous / Obscene Marks | Marks that offend public morality or decency are prohibited. | A brand using vulgar words or sexually explicit images → Refused |
| 8(b) | Contrary to Law | Marks that conflict with or encourage violation of existing laws cannot be registered. | “Hemp420 BD” for cannabis products → Prohibited under drug law |
| 8(c) | Deceptive or Confusing Marks | Marks misleading the public about origin, quality, or connection are refused. | “Sonyy” for electronics → Confusingly similar to Sony |
| 8(d) | Religious Sensitivity | Any mark that may hurt religious feelings of any group is prohibited. | Using scripture verses or holy symbols on commercial goods |
| 8(e) | Unauthorized Use of National / International Symbols | Government flags, emblems, UN/WHO/Red Cross logos cannot be used without permission. | Bangladesh national emblem or UN logo in a trademark → Refused |
| 8(f) | Not Entitled to Protection | Generic, descriptive, or customary trade terms lacking distinctiveness are not protected. | “RICE” for rice → Generic, no distinctiveness |
| 8(g) | Bad Faith Application | Filing with dishonest intention or to exploit another brand’s reputation is not allowed. | Registering “NIKEE” to mimic Nike → Bad faith filing |
Key Points to Remember
- The purpose of Section 8 is to protect public interest, prevent confusion, and maintain ethical trade practices.
- The Registrar has discretion to refuse marks that violate moral, legal, cultural, or commercial standards.
- These grounds ensure trademarks serve their core function: to uniquely identify the source of goods/services.
Conclusion
Section 8 establishes essential safeguards to protect consumers, maintain public morality, preserve national identity, and prevent unfair business practices. These prohibitions ensure that trademarks serve their primary function of distinguishing goods or services genuinely and honestly in the market.
◻️ Section 9 – Chemical Elements and Compounds
The Act prohibits registering the common name of a single chemical element or compound for chemical goods, as such names are considered public property.
However, if the name is part of a distinctive trademark and clearly identifies the applicant’s brand, it may be accepted with proper differentiation.
◻️ Section 10 – Conflicts with Existing Marks
1. Section 10(1) – Identical or Deceptively Similar Marks
A trademark will be refused if it is identical or deceptively similar to an already registered trademark for the same or similar goods/services.
2. Section 10(3) – Conflicting Applications
If two identical or similar applications are filed for the same goods/services by different applicants, the Registrar will put the later application on hold until the earlier one is decided.
3. Section 10(4) – Well-Known Marks
Registration is prohibited if the applied mark is:
- Identical or similar to a well-known mark in Bangladesh
- Used for identical or similar goods/services
- Likely to create confusion or unfair advantage
4. Section 10(5) – Dilution Protection
Even for dissimilar goods/services, registration can be refused if it creates a false connection with a well-known mark and may harm its reputation.
5. Section 10(6) – Determining Well-Known Marks
The awareness of the mark in the relevant public sector, including its promotion and recognition in Bangladesh, will be considered when deciding whether a mark is “well-known.”
◻️ Section 11 – Use of Personal Names
If a trademark includes a name suggesting a connection with a living person or a person who has died in the last 20 years, the Registrar may require written consent from the individual or legal heirs. Without this, the application can be refused.
◻️ Section 67 – Textile Goods
Special restrictions apply to trademarks for textile goods:
- “Line headings” (simple descriptive labels) cannot be registered.
- Trademarks consisting only of letters or numbers must follow special conditions as per the rules.
◻️ Section 120 – Priority Applications
This section allows applicants to claim priority if they have already filed the same trademark in a Convention Country (Paris Convention/WTO member) within six (6) months.
The Bangladesh filing will be backdated to the foreign filing date, but no damages can be claimed for infringement before the actual Bangladesh filing.
◻️ “Country of Origin Certificate” Objection
The Department of Patents, Designs and Trademarks (DPDT) may raise an objection during the examination of a foreign trademark application, asking the applicant to submit an attested copy of the Country of Origin Certificate.
This generally occurs when:
- The applicant is based outside Bangladesh.
- The Registrar wants proof of the mark's registration or use abroad.
- There is doubt about the mark’s distinctiveness or prior rights.
◻️ Translation and Transliteration Objection
The Department of Patents, Designs and Trademarks (DPDT) in Bangladesh may raise an objection during examination if a trademark contains any word, letter, or character in a language other than English or Bengali, and no proper translation and transliteration have been submitted at the time of filing.
Under Bangladeshi trademark practice, only English and Bengali marks are allowed on the official register, so applicants are required to provide a notarized Translation and Transliteration Certificate. This certificate must clearly state the exact meaning of the foreign word(s) (translation) and the way they are pronounced in English (transliteration), and it must bear a notary’s seal or authentication to confirm its accuracy. For a smooth process, it is recommended to submit this certificate at the time of filing the trademark application. If it is not provided, DPDT will issue an objection and request it before the application can be accepted and published.
✅ Key Takeaways
- Choose an invented, distinctive word to avoid objections under Section 6.
- Avoid descriptiveness and terms likely to confuse the public.
- Conduct a thorough trademark search before filing to prevent conflicts under Section 10.
- Be mindful of religious sensitivities, personal names, and well-known marks.
- For foreign applicants, use priority filing under Section 120 to secure your rights early.
