Common Grounds of Trademark Objection in Bangladesh
Learn why the DPDT objects to trademark applications and how to avoid it. This guide covers Sections 6, 8, 9, 10, 11 and 120 of the Trademarks Act, 2009, plus the Country of Origin Certificate and translation objections.
Filing a trademark in Bangladesh protects your brand identity, but many applications meet an objection first. The Department of Patents, Designs and Trademarks (DPDT) examines every application against the Trademarks Act, 2009. If a mark fails any provision, the examiner raises an objection, and the application stops until the applicant replies.
This guide explains the common grounds of trademark objection in Bangladesh, section by section. It also covers the document objections that foreign applicants often face. Each ground comes with a plain example and a practical way to avoid it.
How a Trademark Objection Arises in Bangladesh
An objection is not a final refusal. It is the DPDT telling you that something in the application needs an answer before it can move forward. Most objections fall into three groups.
Absolute Grounds
The mark itself is weak or not allowed. This covers Sections 6, 8 and 9: invented word, descriptiveness, distinctiveness and prohibited matter.
Relative Grounds
The mark clashes with an earlier right. This covers Section 10 (existing and well-known marks) and Section 11 (personal names).
Document Grounds
The mark may be fine, but a paper is missing. Typical examples are the Country of Origin Certificate and the translation and transliteration certificate.
An objection invites your reply, evidence or amendment. A refusal comes only if the issue is not resolved. A clear, timely reply often saves the application.
Section 6: Basic Requirements That Trigger Trademark Objections
Section 6 sets the entry test for a trademark. Three clauses cause most of the early objections.
Section 6(1)(c): Invented Word Requirement
A trademark needs at least one invented word. This is a word with no direct meaning in any language, created for branding.
Section 6(1)(d): Non-Descriptive Elements
A mark must not directly describe the character, quality or type of the goods or services. Names and places are common triggers (see table below).
Sec. 6(1)(d)Section 6(1)(e): Distinctiveness
A mark must tell your goods apart from those of others. A plain generic or common term cannot do this.
Descriptive Elements That Attract Objection Under Section 6(1)(d)
| Category | Example | Why it is objected to |
|---|---|---|
| Personal names or surnames | “Rahim” for clothing; “Smith” for kitchen utensils | Common names are free for all traders to use. |
| Geographical names | “Dhaka” for rice; “Kashmir” for shawls | Places describe origin, not one brand. Acquired distinctiveness can help. |
| Sects, castes or tribes | “Brahmin” for spices; “Cherokee” for apparel | Group names are not capable of pointing to a single source. |
| Character or quality of goods | “Sweet” for candy | The word simply describes the product. |
Pick a coined word that does not describe your goods or services. It is the single best step toward a smooth examination.
Section 8: Prohibited Marks and Grounds of Refusal
Section 8 lists seven situations where a mark cannot be registered. These rules protect public order, stop consumer deception and respect moral and cultural values.
Section 8(a): Scandalous or Obscene Marks
Vulgar, indecent or offensive matter is barred because it offends public morality.
Section 8(b): Marks Contrary to Law
A mark whose use conflicts with an existing law cannot be registered.
Section 8(c): Deceptive or Confusing Marks
A mark likely to mislead the public about origin, quality or identity is barred. This is one of the most frequent objections.
Section 8(d): Offensive to Religious Sentiments
Words, images or expressions likely to hurt the religious feelings of any class of people are not registrable.
Section 8(e): National or International Symbols
Names, initials, emblems, flags, seals or insignia of the Government of Bangladesh or international bodies need authorisation.
Section 8(f): Marks Not Entitled to Protection
Generic, descriptive, non-distinctive or customary trade terms cannot act as a source identifier.
Section 8(g): Bad Faith Applications
An application filed dishonestly, to ride on another brand’s reputation, can be rejected.
The Registrar has discretion to refuse marks that offend moral, legal, cultural or commercial standards. The aim is to protect the public, prevent confusion and keep trade honest.
Section 10: Conflicts With Existing Marks
A mark can be perfectly distinctive and still draw an objection because someone else got there first. Section 10 handles these clashes. A trademark search before filing is the best defence.
Section 10(1): Identical or Deceptively Similar Marks
A mark is refused if it is identical or deceptively similar to a registered mark for the same or similar goods or services.
Sec. 10(1)Section 10(3): Conflicting Applications
If two identical or similar applications cover the same goods or services, the later one is put on hold until the earlier one is decided.
Sec. 10(3)Section 10(4): Well-Known Marks
A mark is barred if it is identical or similar to a well-known mark in Bangladesh, used for identical or similar goods or services, and likely to confuse or gain an unfair advantage.
Sec. 10(4)Section 10(5): Dilution Protection
Even for different goods, registration can be refused if it creates a false connection with a well-known mark and may harm its reputation.
Sec. 10(5)Section 10(6): Determining a Well-Known Mark
The Registrar looks at public awareness in the relevant sector, including promotion and recognition of the mark in Bangladesh.
Sec. 10(6)Check the register for identical and look-alike marks in your class before filing. A pending earlier application can also hold up yours under Section 10(3).
Other Statutory Objections: Sections 9, 11 and 67
Three further sections raise narrower but real objections.
Section 9: Chemical Elements and Compounds
The common name of a single chemical element or compound cannot be registered for chemical goods. Such names belong to everyone. A distinctive brand that clearly identifies you may be accepted with proper differentiation.
Sec. 9Section 11: Use of Personal Names
A name that suggests a link to a living person, or to a person who died in the last 20 years, may need written consent from that person or the legal heirs. Without it, the application can be refused.
Sec. 11Section 67: Textile Goods
Special limits apply to textile marks. Simple descriptive “line headings” cannot be registered, and marks of only letters or numbers must meet the conditions in the rules.
Sec. 67Country of Origin Certificate and Translation Objections
These objections are about paperwork, not the mark itself. Foreign applicants meet them most often, and both are easy to prevent.
Country of Origin Certificate Objection
During examination of a foreign application, the DPDT may ask for an attested copy of the Country of Origin Certificate. The Registrar uses it as proof of the mark’s registration or use abroad.
- The applicant is based outside Bangladesh.
- The Registrar wants proof of registration or use abroad.
- There is doubt about distinctiveness or prior rights.
Translation and Transliteration Objection
The register accepts English and Bengali only. If a mark has a word, letter or character in another language, you need a notarised certificate.
- Translation: the exact meaning of the foreign word.
- Transliteration: how it is pronounced in English.
- It must carry a notary’s seal or authentication.
Submit the translation and transliteration certificate with the application. If it is missing, the DPDT will object and ask for it before the mark can be accepted and published. The same advice helps with the Country of Origin Certificate.
Priority Claim Under Section 120 for Foreign Applicants
Section 120 lets you rely on an earlier foreign filing. It protects your date while you prepare the Bangladesh application.
Six Months to Claim
Priority is available if you filed the same mark in a Convention country (Paris Convention or WTO member) within six months.
Sec. 120Filing Date Is Backdated
The Bangladesh application takes the date of the foreign filing. This helps you against later applicants.
Sec. 120No Damages Before Actual Filing
You cannot claim damages for infringement that took place before the real Bangladesh filing date.
Sec. 120How to Respond to a Trademark Objection in Bangladesh
A good reply is short, specific and backed by proof. Follow these steps when the notice arrives.
Read the Objection Notice
Note the section cited, the exact wording and the date given for your reply.
Identify the Ground
Decide whether it is a mark issue (Sections 6, 8, 9), a conflict (Section 10 or 11) or a missing document.
Collect Evidence
Gather what answers the point: proof of use, consent letters, certificates, or arguments on how your mark differs from the cited one.
File the Reply on Time
Submit a clear written reply with supporting papers before the deadline in the notice.
Attend the Hearing if Called
If the Registrar sets a hearing, appear with your arguments ready. Then follow the decision to acceptance or next steps.
How to Avoid Trademark Objection Before Filing
Most objections can be avoided with a little preparation. Keep these three rules in mind.
Choose an invented, distinctive word
Search first, file second
Attach every certificate at filing
| Risk area | What to do before filing |
|---|---|
| Descriptive or generic words | Replace them with a coined word, or add a distinctive element. (Sections 6 and 8(f)) |
| Confusing similarity | Run a search for identical and look-alike marks, including well-known brands. (Sections 8(c) and 10) |
| Sensitive content | Avoid obscene, religious and official-symbol matter, and anything illegal. (Section 8) |
| Names of people | Get written consent from the person or heirs. (Section 11) |
| Foreign marks | Prepare the Country of Origin Certificate and consider a priority claim. (Section 120) |
| Foreign-language words | Arrange a notarised translation and transliteration certificate. |
Conclusion
The common grounds of trademark objection in Bangladesh come from a small set of rules: a weak or descriptive mark under Section 6, prohibited matter under Section 8, clashes with earlier marks under Section 10, and missing papers such as the Country of Origin Certificate. Each one can be planned for before filing.
Pick a distinctive mark, search the register, and prepare every certificate up front. If an objection still arrives, a prompt and well-supported reply keeps the application alive. Professional help at the search and reply stages saves time and cost.
Frequently Asked Questions on Common Grounds of Trademark Objection in Bangladesh
Q01What are the common grounds of trademark objection in Bangladesh?
The most common grounds are descriptive or non-distinctive marks (Section 6), prohibited marks (Section 8), conflict with earlier or well-known marks (Section 10), personal names (Section 11), and missing documents such as the Country of Origin Certificate.
Q02Who raises a trademark objection in Bangladesh?
The Department of Patents, Designs and Trademarks (DPDT) raises it during examination under the Trademarks Act, 2009.
Q03What does Section 6(1)(c) require?
The mark must contain at least one invented word. This is a word with no direct meaning in any language, such as Kodak or Pepsi.
Q04Can I register a personal name or surname as a trademark?
A personal name or surname may face objection under Section 6(1)(d) if it is used in a directly descriptive way. A distinctive, coined mark is safer.
Q05What is a Section 8(c) objection?
It applies to a mark that is likely to mislead or confuse the public about origin, quality or identity. A look-alike such as “Sonyy” for electronics is a typical example.
Q06Which clause covers religious sentiments?
Section 8(d) bars marks likely to hurt the religious feelings of any class of people, such as holy scripture or sacred symbols.
Q07What is a Section 10(1) objection?
The mark is identical or deceptively similar to a registered mark for the same or similar goods or services.
Q08What happens under Section 10(3)?
When two identical or similar applications cover the same goods or services, the later application is put on hold until the earlier one is decided.
Q09How are well-known marks protected under Section 10?
Section 10(4) bars similar marks for similar goods. Section 10(5) extends this to different goods if a false connection could harm the well-known mark.
Q10When is consent needed to use a personal name?
If the name suggests a living person or someone who died in the last 20 years, the Registrar may require written consent from that person or the legal heirs (Section 11).
Q11Can a generic word like RICE be registered for rice?
No. A generic or customary term cannot work as a source identifier and falls under Section 8(f).
Q12What is the Country of Origin Certificate objection?
For foreign applicants, the DPDT may ask for an attested copy of the Country of Origin Certificate as proof of registration or use abroad.
Q13What is the translation and transliteration objection?
If a mark has words or characters in a language other than English or Bengali, the DPDT asks for a notarised certificate giving the meaning and the English pronunciation.
Q14Should I file the translation certificate with the application?
Yes. Filing it at the time of application avoids an objection and speeds up acceptance and publication.
Q15How does priority under Section 120 work?
If you filed in a Convention country, you can claim priority within six months. Your Bangladesh filing is backdated to that date, but no damages can be claimed for infringement before the actual Bangladesh filing.
Q16What should I do after receiving an objection?
Read the notice, identify the ground, gather evidence and file a written reply before the deadline. Attend the hearing if one is set.
Q17How does SUPREMEiP Global handle trademark objections in Bangladesh?
We study the objection, prepare the reply and evidence, and follow the matter with the DPDT until the issue is resolved. We also run pre-filing searches to prevent objections.
Trademark search · Filing · Objection replies · Opposition · Renewal
