In Bangladesh, understanding the difference between a “Trademark Deemed Abandoned” and “Abandoned” status is essential when dealing with trademark applications and overcoming objections. These two terms may sound similar, but in practice, they have very different legal meanings and consequences for applicants and practitioners.
Below is an overview to clarify these differences and explain how to handle related issues at the Department of Patents, Designs and Trademarks (DPDT).
📝 Trademark Examination Process in Bangladesh
After filing a trademark application in Bangladesh, the Registrar of Trademarks examines the application within approximately two (2) months from the filing date. The examination checks compliance with key sections of the Trademark Act, including:
- Section 6 – Prohibition of registration of identical or similar trademarks.
- Sections 8, 9, 10, 11 – Absolute and relative grounds for refusal.
- Section 67(1) – Procedural requirements.
- Section 120 – Miscellaneous provisions.
→ Next Steps After Examination:
✅ If no objections are found, the trademark proceeds to publication.
❌ If objections are raised, an Examination Report is issued to the applicant.
→ Responding to Objections (Rule 15 of the Trademark Rules, 2015)
When an objection is raised, the applicant must respond (by way of written or hearing or both) within two (2) months from the date of receiving the Examination Report. An additional two (2) months' extension may be requested if required.
The response must include:
- Legal arguments defending the registrability of the mark.
- Evidence of prior use or distinctiveness, if applicable.
📝 What is "Trademark Deemed Abandoned"?
In Bangladesh, there is a common issue where, if you receive an objection notice, you might see that some trademarks are cited with the status “TM Deemed Abandoned.” This can be confusing, and you may wonder how an abandoned trademark can be used as a citation.
The reason behind this is simple. When a trademark faces an objection, if no response is recorded in the DPDT’s online system within the allowed time, the system automatically shows it as “Deemed Abandoned.”
However, the DPDT’s database often does not show whether the applicant submitted a response. So, just like your own objection response might not appear in the online records, the cited trademark may also have faced an objection, but there’s no clear online record of whether the response was filed.
This is why trademarks marked as “Deemed Abandoned” can still be cited in objections for the new applications because they may still be active or under process in reality, even though the online system shows them as abandoned.
👉 Key Point: When you see “Trademark Deemed Abandoned” in the DPDT objection notice, it does NOT always mean the application is dead or truly abandoned. The application might still be under review or waiting for an official decision. The trademark is still considered "alive" and can be rejected or accepted.
👉 In short: The “Deemed Abandoned” status often appears automatically, even if the response was properly submitted, simply because the online database has not been updated correctly.
However, due to major limitations in the DPDT online database, it is often unclear and confusing. Many important updates are not properly shown, so you may not know for sure:
- Whether a response to the objection was actually filed or not.
- Whether the publication fee was paid or not.
- Whether the trademark was published or not.
- Whether any opposition was filed or not.
- Whether the registration fee was paid or not.
- Whether the application was officially rejected or not.
- Whether the renewal fee was paid or not.
Because of these issues, the online records are often incomplete, and the actual status of a trademark might be different from what the system shows. This is why extra care and follow-up are very important in trademark matters in Bangladesh.
📝 What is "Abandoned"?
On the other hand, the “Abandoned” status means that the trademark application has been officially closed and is no longer active. This status is conclusive and occurs when:
- The applicant fails to take the necessary action within the given time.
- The Registrar formally records the application as abandoned.
- No further steps are pending or under examination.
👉 Key Point: When the status shows “Abandoned” without "Deemed," it is confirmed that the trademark is no longer valid.
📝 What Happens When "Deemed Abandoned" Trademarks Are Cited as Objections?
One of the common challenges in Bangladesh arises when filing new trademark applications. Examiners sometimes cite earlier trademarks with “Trademark Deemed Abandoned” status as conflicting prior marks under section 10(3) and 8(c).
→ How to Handle Such Objections?
We recommend a two-step strategy at the same time:
- Submit a Hearing Request and Written Reply against the objection within two months from the date of the examination report.
- Take Legal Steps Against the Cited "Deemed Abandoned" Marks
Once these actions are taken, the examiner typically re-evaluates the cited mark’s status and makes a final decision, often clearing the path for your new application to proceed.
📝 Summary of Differences
- Trademark Deemed Abandoned is an automatic status shown in the DPDT database when no response to an objection is visible, but it does not confirm that the application is truly abandoned. The trademark may still be active and under examination.
- Abandoned means the trademark application is officially closed and has no legal effect. It confirms that the required actions were not taken within the allowed time, and the mark is no longer valid.
- Deemed abandoned marks can still be cited as objections in new applications, requiring legal action to challenge the citation and clarify the status.
- Abandoned marks are not usually cited in new applications because they are already considered dead.
- In short, Deemed Abandoned requires follow-up and legal steps, while Abandoned means the process is fully over, and the trademark cannot proceed.
Conclusion
In Bangladesh, due to database limitations and procedural gaps, distinguishing between “Trademark Deemed Abandoned” and “Abandoned” is essential for proper trademark management. If you encounter a Deemed Abandoned status, do not assume the worst. Instead, follow up actively, clarify the status with the DPDT, and take strategic legal actions to protect your trademark rights.
