Trademark Objection
Trademark Objection in Bangladesh: Show Cause Notice and How to Respond
Got a trademark show cause notice from the DPDT? This guide explains what the objection means, what the deadlines are, and how to respond to the objection step by step — and what to do if you miss the date.
A trademark objection in Bangladesh is raised by the Registrar at the Department of Patents, Designs and Trademarks (DPDT). It comes after the examination of your application under the Trademark Rules, 2015. The formal document is called a show cause notice or examination report.
An objection is not a refusal. It is a chance to explain why your mark should proceed. This guide covers the grounds the Registrar uses, a clear reply process, evidence that works, and the options if the reply fails or the date is missed.
Why the DPDT Raises a Trademark Objection in Bangladesh
After you file, the Registrar examines the mark under Rule 14. The checks fall into three groups.
Is the Mark Registrable?
The Registrar asks if the mark is distinctive, free of prohibited matter, and not a chemical name or contrary to public morality.
Secs. 6, 8, 9Does It Clash With Others?
The mark is compared with earlier registered marks, well-known marks and personal names for confusing similarity.
Secs. 10, 11Is the Filing Correct?
Class selection and any Paris Convention priority claim must be in order and properly documented.
Sec. 120If nothing is found, the mark goes to publication in the Trademark Journal. If something is found, you receive the notice. Everything below starts from that point.
Trademark Show Cause Notice: What It Says
The notice names each ground the Registrar relies on. Read it line by line. Each ground needs its own answer.
| Ground | Provision | What it usually means |
|---|---|---|
| Not distinctive | Sec. 6 | The mark describes the goods or is too common to identify one trader. |
| Prohibited or misleading | Sec. 8 | The mark may deceive the public, hurt sentiment or use protected matter. |
| Similar earlier mark | Sec. 10(1) | A registered or pending mark is close in look, sound or meaning for similar goods. |
| Well-known mark | Sec. 10(4) | The mark may take unfair advantage of a famous brand. |
| Name or place | Sec. 11 | A personal or geographical name is used without a right to it. |
The notice is also called an office action. The wording differs, but the process and the deadline are the same.
How to Respond to the Objection: Step by Step
Replies are filed under Rule 15. Follow this order to avoid missed grounds and missed dates.
Record the Date and Read the Notice
Note the date you received it. The reply clock starts then. List every ground cited.
Search the Cited Marks
Pull up the earlier marks and check their goods, status and owners. This shows if a short answer, an NOC or a challenge is the best route.
Choose a Strategy for Each Ground
Argue, narrow the goods, add a disclaimer, seek consent or prove use. Different grounds often need different answers.
Gather Evidence
Collect invoices, ads, sales figures, foreign registrations and declarations. Number each exhibit.
File the Written Reply
Answer each ground in turn, attach the exhibits and ask for a hearing if oral argument will help.
Attend the Hearing and Await the Decision
If called, present the points briefly and answer the Registrar’s questions. Acceptance sends the mark to publication. Refusal opens the remedies in Part 6.
What a Strong Trademark Objection Reply Contains
The best replies are short on adjectives and long on proof. Match the answer to the ground.
Prove Use in Bangladesh
Dated invoices, packaging, advertising spend and customer declarations show that buyers link the mark to you.
Compare Look, Sound and Meaning
Show real differences. Point out different goods, different buyers and the way the mark appears in trade.
Obtain an NOC
A signed, notarised letter from the earlier owner that names both marks is often the quickest fix.
Narrow the Goods
Removing overlapping goods or adding a disclaimer can clear a ground without changing the mark.
A change to the distinctive part is treated as a new application. Fix the goods list or add a disclaimer instead.
Trademark Objection Reply Deadline and Timeline
Dates decide whether the application lives. Diarise them on the day the notice arrives.
| Stage | Rule / Section | Time limit |
|---|---|---|
| Examination | Rule 14 | About 2 months from filing |
| Show cause reply | Rule 15 | 2 months from receipt |
| Extension | Rule 15 | A further 2 months on request |
| Appeal to High Court Division | Sec. 100 | 2 months from the certified copy |
| Restoration after abandonment | Rule 15(3) | Within 5 years |
File any extension request before the first 2 months end.
One missed ground can sink an otherwise good reply.
Save every filing and receipt for later appeal.
Rejected After the Reply: Appeal and Review
A refusal is not the end. Three steps are open to you, and they work in order.
Certified Copy of the Decision
Apply for it first. You need it to appeal or seek review.
Rule 15(7)Appeal to the High Court Division
File within 2 months of the certified copy. Appeals are argued by an Advocate.
Sec. 100Review of the Decision
Ask the Registrar to look again within the allowed period.
Rule 65(1) · Sec. 91(5)Show Cause Not Answered: Abandonment and Restoration
If no reply is filed in time, the application is treated as abandoned. You still have two routes.
The DPDT often issues the formal abandonment notice 2–3 years late. This can push back when you learn of the problem. It does not extend the 5-year limit, so act at once.
Late Reply With Condonation
File the reply with a request to excuse the delay and a short account of the reasons. The Registrar has discretion, and the outcome is not certain.
Fresh Application
File a new application for the same mark while restoration is pursued. This closes any gap in protection but carries a later filing date.
Common Mistakes in Trademark Objection Replies
Most failed replies fail for the same few reasons.
Answering Only Some Grounds
Every ground in the notice needs a reply. Silence on one can be treated as agreement.
Argument Without Proof
Claims of use or fame must be backed by dated documents.
Waiting for the Last Day
Collecting NOCs and exhibits takes weeks. Start on day one.
Ignoring a Silent File
No news from the DPDT does not mean no objection. Check the status regularly.
Conclusion
A trademark objection in Bangladesh is a normal part of the process, not a dead end. Read the notice, answer each ground with proof, and keep to the dates in Rule 15.
If the reply fails, the appeal and review routes remain. If the date has passed, restoration or a fresh filing can still save the brand. A prompt, well-built reply is the best protection.
Frequently Asked Questions on Trademark Objection in Bangladesh
Q01What is a trademark objection in Bangladesh?
It is a written notice from the DPDT Registrar listing the grounds on which your application cannot proceed yet. It is not a final refusal. You may reply and ask for a hearing.
Q02Is a show cause notice the same as a refusal?
No. A show cause notice asks you to explain. Refusal comes only after the Registrar has considered your reply.
Q03How long do I have to reply to the notice?
You have 2 months from receipt under Rule 15. The date should be diarised on the day the notice arrives.
Q04Can I get more time to reply?
Yes. A further 2 months can be requested. Apply before the first period ends.
Q05Do I need a hearing?
Not always. Many replies are decided on the papers. A hearing helps when the issues need explaining or the Registrar has questions.
Q06Does a foreign company need a local agent?
A foreign applicant without an address for service in Bangladesh should act through a local agent or lawyer. All DPDT papers and hearings go through that representative.
Q07What is an NOC and when does it help?
An NOC is a consent letter from the owner of an earlier mark. It is most useful for a similarity objection under Sec. 10. It should name both marks and be properly signed.
Q08Can I change the mark or the goods in my reply?
You can usually narrow the goods or add a disclaimer. A change to the distinctive part of the mark is generally not allowed and may need a new application.
Q09Does an objection change my filing date?
No. The filing date stays fixed while the objection is pending. Foreign applicants who claimed priority must keep the documents in order.
Q10What if I never saw the notice?
Check the file status at the DPDT now. If the date has passed, a late reply with a condonation request or a fresh application may still protect the brand.
Q11What is the difference between objection and opposition?
An objection is raised by the Registrar before publication. An opposition is filed by a third party after publication in the Trademark Journal.
Q12Can I file again while the objection is pending?
Yes. Nothing stops a fresh filing. The new application gets a later date and will itself be examined.
Q13What evidence helps against a distinctiveness objection?
Dated invoices, advertising, sales figures, customer declarations and foreign registrations. The aim is to show the mark is linked to you in Bangladesh.
Q14Can the Registrar raise new grounds after my reply?
The Registrar generally keeps to the grounds in the notice. Questions at a hearing can go wider, so keep the reply focused on what was cited.
Q15How can I check if my application has an objection?
Ask your agent to check the DPDT file status. Do not wait for a letter, because notices can be delayed.
Q16How does SUPREMEiP handle trademark objection in Bangladesh?
We read the notice, check the cited marks, plan the reply ground by ground, prepare the evidence and draft the reply. We also attend the hearing and advise on appeal or restoration if needed.
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