The short answer
The DPDT most often objects under Section 6 (invented word, descriptive or non-distinctive marks), Section 8 (prohibited marks), Section 10 (earlier or well-known marks), Section 11 (personal names), Section 9 (chemical names), Section 67 (textiles) and Section 120 (foreign priority). Foreign applicants also meet document objections.
Section 6: basic requirements
6(1)(c)
Invented word
At least one coined word, such as Kodak or Pepsi.
6(1)(d)
Non-descriptive
Must not describe the goods. "Sweet" for candy fails.
6(1)(e)
Distinctive
Must distinguish your goods. "Milk" for dairy fails; "Milko" may pass.
| Category | Example | Why objected to |
|---|---|---|
| Personal names or surnames | "Rahim" for clothing | Free for all traders to use |
| Geographical names | "Dhaka" for rice | Describes origin; acquired distinctiveness may help |
| Sects, castes, tribes | "Brahmin" for spices | Cannot point to one source |
Section 8: prohibited marks
| Clause | Ground | Example |
|---|---|---|
| 8(a) | Scandalous or obscene | Sexually explicit words or graphics |
| 8(b) | Contrary to law | A mark promoting illegal drugs |
| 8(c) | Deceptive or confusing | "Sonyy" for electronics |
| 8(d) | Offends religious sentiment | Scripture or deity names as a brand |
| 8(e) | National or international symbols | The national emblem, UN or Red Cross logo |
| 8(f) | Not entitled to protection | "RICE" for rice |
| 8(g) | Bad faith | "NIKEE" filed to exploit Nike |
Section 8 objections cannot be cured by use or distinctiveness. Choose a new mark.
Section 10: earlier marks
- 10(1): identical or deceptively similar to a registered mark for the same or similar goods
- 10(3): a later conflicting application is held until the earlier one is resolved
- 10(4): identical or similar to a well-known mark in Bangladesh
- 10(5): dilution: a false link with a well-known mark, even for different goods
- 10(6): well-known status judged by awareness in the relevant sector in Bangladesh
A search before filing is a useful defence. See similar trademark law.
Sections 9, 11 and 67
Section 9
Chemical names
The common name of a chemical element or compound cannot be registered for chemical goods.
Section 11
Personal names
Consent needed for a living person or one who died within 20 years, from them or their heirs.
Section 67
Textiles
Line headings are barred; letter or number marks must meet the rules.
Paperwork objections for foreign applicants
- Section 120: document a priority claim within the 6-month Paris window
- Country of Origin Certificate: an attested copy of your home registration, see country of origin objections
- Translation and transliteration certificate: only English and Bengali are accepted, so any other script needs a notarised certificate, ideally filed with the application
Objection ground questions
Which objection is most common?
Section 10 conflicts with earlier marks, followed by Section 6 distinctiveness issues.
Can a descriptive mark be registered?
Sometimes, with proof of acquired distinctiveness through long and continuous use.
Which scripts need a translation certificate?
Anything other than English or Bengali, for example Chinese, Arabic, Korean or Japanese.
Got a DPDT objection?
SUPREMEiP® drafts objection replies, gathers evidence and attends DPDT hearings. Send us the notice today, because the clock is already running.
