The Trademark Examination Process in Bangladesh is one of the most important steps in securing your brand. After filing an application with the Department of Patents, Designs and Trademarks (DPDT), the Registrar examines whether the mark meets the requirements of the Trademark Act, 2009 and the Trademark Rules, 2015.

Below, we answer the most frequently asked questions about trademark office actions, objections, and responses in Bangladesh.

❓ What is the Trademark Examination Process in Bangladesh?

Once you file a trademark application, the Registrar of Trademarks examines it under Rule 14 of the Trademark Rules, 2015. This usually takes around two months from the date of filing.

During the examination process, the Registrar checks:

• Legal compliance with the Trademark Act (Sections 6, 8, 9, 10, 11, 67, 120).
• Whether the mark is distinctive or merely descriptive/generic.
• If it is identical or confusingly similar to existing registered marks.
• If it may deceive the public or offend religious sentiment.
• Whether it improperly uses names of living/deceased persons or geographical names.

If no issues are found, the mark proceeds to publication in the journal. If issues exist, you will receive a trademark office action in Bangladesh (also called an Examination Report).

❓ What is a Trademark Office Action in Bangladesh?

A Trademark Office Action in Bangladesh is an official notice (Examination Report) from the DPDT stating objections or reasons why your trademark cannot proceed.

Common grounds for objection include:

• Section 6(1)(c): Mark lacks an invented word.
• Section 6(1)(e): Mark is not distinctive.
• Section 8(c): Mark may deceive or confuse the public.
• Section 8(d): Mark hurts religious sentiments.
• Section 10(1): Mark is identical or deceptively similar to another registered mark.
• Section 10(4): Mark conflicts with a well-known trademark.

❓ How to Respond to a Trademark Objection in Bangladesh?

If you receive an objection notice, you must act under Rule 15 of the Trademark Rules, 2015.

Response Steps:

1. Objection Notice: DPDT issues a written notice explaining reasons for refusal.
2. Reply Timeline:
   • Respond within 2 months of receipt.
   • Extension of 2 additional months is possible.
3. Reply Content:
   • Legal arguments showing compliance.
   • Evidence of prior use or acquired distinctiveness (if applicable).
   • Request for a hearing, if needed.
4. Registrar’s Decision:
   • ✅ If satisfied, the application proceeds to publication.
   • ❌ If not, the application is rejected.

Trademark Examination in Bangladesh – Easy Guide

Learn how the trademark examination process works in Bangladesh, including office actions, objections, timelines, and how to respond effectively.

SUPREMEiP® | Trademark, Patent & IP Law Firm in BangladeshSUPREMEiP, Bangladesh

❓ What Happens if the Trademark Application is Rejected?

If rejected, you have legal remedies:

• Certified Copy: Request Registrar’s decision (Rule 15(7)).
• Appeal: File to the High Court Division within 2 months (Section 100).
• Review: Apply for review under Rule 65(1) & Section 91(5) within the appeal period.

❓ What if I Don’t Respond to the Office Action or Objection?

If you fail to respond:

• The application is automatically abandoned under Rule 15(3).
• However, you may apply for restoration within 5 years by paying the required fee.

⚠️ Note: In Bangladesh, the DPDT often delays issuing abandonment notices by 2–3 years, which also delays your chance for restoration.

❓ Can I Restore or Refile a Trademark Application in Bangladesh?

Yes. You have two main options if your application is stuck:

1. File a Late Response with Condonation of Delay
   • Submit your reply and request a hearing even after the deadline.
   • Include an application asking the Registrar to excuse the delay.
2. File a Fresh Application
   • To safeguard your brand, you can file a new trademark application for the same mark while also pursuing restoration.

❓ Why is the Trademark Objection and Response Process in Bangladesh Important?

Handling objections is crucial because:

• It keeps your brand legally protected.
• It avoids abandonment of your application.
• It ensures smooth renewals, oppositions, and enforcement in the future.

Key Takeaways

• The Trademark Examination Process in Bangladesh takes place under Rule 14.
• A Trademark Office Action in Bangladesh (Examination Report) is issued if objections exist.
• You must file a Trademark Objection Response in Bangladesh within 2 months (extendable to 4 months).
• If rejected, you can appeal to the High Court or file a review.
• Non-response leads to abandonment, but restoration or refiling options exist.

Final Thoughts

The trademark examination and objection process in Bangladesh is a critical stage of trademark registration. Always:

• Monitor your application regularly.
• Respond promptly to office actions.
• Provide strong legal arguments and evidence.
• Consider both restoration and new filings if delays occur.

📌 For professional help with trademark objections and responses in Bangladesh, consult a local IP law firm to ensure compliance with DPDT rules.

📊 Summary Table – Trademark Examination, Office Action & Objection in Bangladesh