The short answer
After a design application is accepted, the Director General publishes it on the e-Gazette or the DPDT website, in the prescribed way and time (Section 10(1)). From the date of publication the application is open to objection for 30 days (Section 10(2)). Any party can file a written opposition with the Director General in that period, in the prescribed manner and with the prescribed fee (Section 10(3)). The Director General then decides the objection under the Rules. The design can be registered only if no objection came in time, or any objection was resolved in the applicant's favour (Section 12(1)).
From publication to registration
Publication
- Once the application is accepted, the Director General publishes it on the e-Gazette or the DPDT website (Section 10(1)).
30-day window
- Objections can be filed from the publication date for 30 days (Section 10(2)).
Written opposition
- Any party files a written opposition with the Director General in the prescribed manner and with the fee (Section 10(3)).
Decision
- The Director General disposes of the objection under the Rules. If there is no objection in time, or it is decided for the applicant, the design is registered and the certificate is issued (Section 12(1)).
Count the 30 days from the publication date, not from the date you saw the notice. Watch the DPDT website for new publications.
Grounds to raise
Section 10 does not list opposition grounds. The Director General checks the same points as at examination (Section 11(2)): that the application follows Section 7, the subject is a design under Section 2, it is new, distinctive and industrially usable under Section 5, and it is not excluded by Section 4.
- Earlier publication, exhibition or use of an identical design (novelty).
- A design that is only technical or practical in nature.
- A design made of national symbols, or against public order, the environment or morality.
- An applicant who is not the designer or owner of the right (Section 6).
If a design is registered despite your concern, you can still apply to cancel it within 2 years.
Design opposition questions
How long do I have to oppose a design application?
30 days from the publication date (Section 10(2)).
Where are design applications published?
On the e-Gazette or the DPDT website (Section 10(1)).
Who can oppose?
Any party (Section 10(3)).
What if I miss the window?
You can apply to cancel the registration within 2 years under Section 16.
Is a fee payable?
Yes, the prescribed fee (Section 10(3)).
Need to register or defend a design in Bangladesh?
SUPREMEiP® files and enforces industrial designs in Bangladesh for local and foreign owners. Send us images of your product.
