The short answer
After acceptance, the DPDT sends a TM-5 notice with the publication fee. You must pay within 1 month and submit Form TM-9. Under Rule 16(3), non-payment means the application is deemed abandoned. The DPDT often accepts late payment in practice, but that is not guaranteed and can be challenged later.
How payment works
Receive TM-5
- Sent after the mark is accepted at examination; it states the fee
Pay within 1 month
- Submit Form TM-9 with the payment
Publication
- The mark is published in the Trademarks Journal and the opposition window opens
If you are late
- The DPDT may treat the application as abandoned without further notice
- Late payment is often accepted in practice because of manual processes and backlogs, but not as of right
- An opponent can later argue that late payment makes publication invalid, and may go to the High Court
Safest approach. Pay immediately and file a condonation of delay application under Section 91, and also consider a fresh application to remove any legal doubt.
Publication fee questions
What is TM-5?
The DPDT notice stating the publication fee after acceptance.
How long do I have to pay?
1 month from the notice.
Can late payment be excused?
The Registrar can condone delay under Section 91 for a valid reason.
Need help with a trademark deadline?
SUPREMEiP® files, tracks and defends trademarks worldwide and in Bangladesh. Send us the notice or the application number.
