The short answer
To answer a Show Cause notice, record the date you received it, search the cited marks, choose a strategy for each ground, gather dated evidence and file a complete written reply within 2 months. The best replies are short on adjectives and long on proof.
Six steps to a complete reply
Record the date and read the notice
- The reply clock starts on receipt
- List every ground cited
Search the cited marks
- Check their goods, status and owners to decide between a short answer, an NOC or a challenge
Pick a strategy for each ground
- Argue, narrow the goods, add a disclaimer, obtain consent or prove use
Gather evidence
- Invoices, advertising, sales figures, foreign registrations and declarations, numbered as exhibits
File the written reply
- Answer each ground in turn, attach exhibits, ask for a hearing if useful
Attend the hearing
- Make the key points briefly and answer the Registrar's questions
Match the answer to the ground
Distinctiveness
Prove use in Bangladesh
Dated invoices, packaging, ad spend and customer declarations show buyers link the mark to you.
Similarity
Compare look, sound and meaning
Show real differences, different goods and buyers, and how the mark appears in trade.
Consent
Obtain an NOC
A signed, notarised letter from the earlier owner naming both marks is often the quickest fix.
Scope
Narrow the goods
Remove overlapping goods or add a disclaimer, without changing the mark.
Do not change the mark. Altering the distinctive part is treated as a new application. Fix the goods list or add a disclaimer instead.
Common mistakes
- Answering only some of the grounds; silence on one can be treated as agreement
- Arguing without dated proof
- Waiting until the last day to collect documents
- Not asking for an extension before the first 2 months end
For the legal grounds and deadlines see the objection guide.
Objection reply questions
What should the reply contain?
A separate answer for each ground, with numbered evidence.
Is a hearing necessary?
Not always, but ask for one when oral argument will help.
Can I change my logo to fix an objection?
Not if it changes the distinctive part. That becomes a new application.
Got a DPDT objection?
SUPREMEiP® drafts objection replies, gathers evidence and attends DPDT hearings. Send us the notice today, because the clock is already running.
Trademark Objection
