A landmark victory showcasing the power of technical expertise in trademark law

In a remarkable display of legal acumen and strategic maneuvering, the Chinese adhesive manufacturer HUNAN MAGPOW ADHESIVE GROUP CO., LTD has successfully secured trademark registration for "MAGPOW" in Bangladesh, overcoming what initially seemed like an insurmountable legal obstacle. This victory, orchestrated by the renowned SUPREMEiP Law Firm, has set a new precedent in Bangladesh's intellectual property landscape.

The Beginning of the Battle

On November 5, 2024, HUNAN MAGPOW ADHESIVE GROUP CO., LTD filed their trademark application for "MAGPOW" under Class 1 (chemical products) in Bangladesh through their legal representatives, SUPREMEiP Law Firm. What should have been a straightforward registration process soon turned into a complex legal challenge that would test the limits of trademark law expertise.

The Objection That Changed Everything

After thorough examination of the application, Assistant Director Mr. Rashedul Hasan Jibon raised a significant objection, citing Section 10(3) of the Trademarks Act. The grounds were clear and concerning: an identical trademark "MAGPOW" already existed in the registry, filed nearly a decade earlier on March 25, 2015, by Joydeb Saha, Proprietor of Aparna Trading Agency, Bangladesh.

Under Section 10(3), this prior registration created what trademark attorneys call an "absolute bar" – meaning the newer application would be completely blocked from proceeding until the earlier mark was resolved. For most applicants, this would signal the end of the road.

The Game-Changing Strategy

This is where SUPREMEiP Law Firm demonstrated why they are considered among Bangladesh's elite intellectual property practitioners. Upon receiving the objection, the legal team didn't simply accept defeat or engage in a prolonged written correspondence that could drag on for years. Instead, they deployed a sophisticated two-pronged technical approach that few law firms would have the expertise or courage to attempt.

Move One: The Direct Hearing Application

Racing against the clock, SUPREMEiP took an unconventional route. Rather than filing a traditional written response to the objection – the standard practice that could take months or even years to resolve – they boldly applied for a direct hearing on March 5, 2025, just before the critical deadline. This strategic move accelerated the entire process and demonstrated their confidence in presenting their case face-to-face with the trademark authorities.

Move Two: The Abandonment Challenge

Just 13 days later, on March 18, 2025, SUPREMEiP launched their second offensive: a formal application seeking to declare the cited prior mark "abandoned" under trademark law. This was a calculated legal maneuver based on thorough research into the status and usage of the 2015 registration.

In trademark law, a mark can be declared abandoned if the owner has stopped using it in commerce or has failed to maintain it properly. SUPREMEiP's team had evidently uncovered compelling grounds to challenge the validity of the nearly ten-year-old registration.

The Transfer and Intensive Review

The complexity and strategic importance of the case led to its transfer to Deputy Director Mr. Md. Shafiqul Islam, a senior official known for his meticulous approach to trademark disputes. What followed was an intensive examination period where Mr. Shafiqul Islam,carefully reviewed both applications, scrutinizing every argument, every piece of evidence, and every legal precedent cited by SUPREMEiP Law Firm.

After thorough analysis, Deputy Director Mr.Shafiqul Islam, found substantial merit in the legal grounds raised by SUPREMEiP. The arguments were not only technically sound but were supported by proper legal foundations under Bangladesh's Trademarks Act.

Four Days That Made History

What ensued was nothing short of a legal marathon. Over four consecutive days of hearings, the SUPREMEiP legal team presented their case with precision and expertise. These weren't mere formalities – they were intensive sessions where every argument was tested, every piece of evidence was examined, and the future of the MAGPOW trademark hung in the balance.

The hearings showcased the depth of SUPREMEiP's preparation. They presented comprehensive evidence regarding:

  • The abandonment status of the cited mark
  • The lack of commercial use by the prior registrant
  • The legitimate business interests of HUNAN MAGPOW ADHESIVE GROUP CO., LTD
  • The technical legal grounds supporting their client's right to registration
  • The commercial importance of the mark to their client's business operations in Bangladesh

The Historic Decision

After carefully weighing all evidence and arguments presented during the four-day hearing process, Deputy Director Mr. Md. Shafiqul Islam delivered a landmark decision that would reshape the case entirely.

In a dignified and well-reasoned order, he officially declared the cited prior mark abandoned, effectively removing the legal barrier that had blocked MAGPOW's registration. More importantly, he approved the current MAGPOW application for publication in the official Trademarks Journal – the critical step before final registration.

This decision represented more than just a favorable outcome for one client; it demonstrated that with proper legal expertise, even the most challenging trademark obstacles can be overcome through legitimate legal channels.

Why This Victory Matters

The success of the MAGPOW trademark case represents a milestone achievement for several reasons:

This case establishes important precedents for how Section 10(3) objections can be challenged in Bangladesh. It proves that cited marks can be successfully contested when proper legal grounds exist, rather than applicants simply abandoning their efforts when faced with such objections.

Demonstrating Strategic Innovation

SUPREMEiP's approach of combining direct hearing applications with abandonment challenges shows a level of strategic thinking that goes beyond conventional trademark practice. This innovative approach has now become a blueprint for handling similar complex cases.

Protecting Business Interests

For HUNAN MAGPOW ADHESIVE GROUP CO., LTD, this victory means they can now legitimately expand their business operations in Bangladesh under their established brand name. The trademark protection provides them with exclusive rights to use MAGPOW for their chemical adhesive products, protecting their investment in the Bangladeshi market.

Elevating Professional Standards

This case showcases the importance of specialized intellectual property expertise. The technical knowledge, strategic thinking, and courtroom advocacy demonstrated by SUPREMEiP Law Firm set a high bar for trademark practice in Bangladesh.

Key Lessons for Trademark Applicants

The MAGPOW case offers several valuable insights for businesses seeking trademark protection:

1. Don't Give Up on Objections: What appears to be an insurmountable objection may have legitimate legal solutions. Expert legal counsel can identify pathways that aren't immediately obvious.

2. Timing is Critical: SUPREMEiP's success was partly due to their rapid response and strategic timing of applications. Meeting deadlines and choosing the right moment for legal actions can make all the difference.

3. Technical Expertise Matters: Trademark law contains numerous technical provisions that can be leveraged by knowledgeable attorneys. The abandonment challenge under trademark law was a sophisticated move that required deep legal understanding.

4. Choose the Right Legal Partner: This victory demonstrates why selecting an experienced intellectual property law firm is crucial for protecting valuable brand assets.

The Road Ahead

With the MAGPOW trademark now approved for Journal publication, HUNAN MAGPOW ADHESIVE GROUP CO., LTD is on track to receive final registration, assuming no further opposition is filed during the publication period. This will grant them comprehensive legal protection for their brand in Bangladesh's growing market.

For SUPREMEiP Law Firm, this victory adds another significant achievement to their impressive portfolio of intellectual property successes. Their innovative approach to this case has already garnered attention from legal professionals and businesses throughout Bangladesh and beyond.

Conclusion

The MAGPOW trademark saga is more than just a legal victory – it's a testament to what expert legal representation can achieve when facing seemingly impossible odds. From the initial objection based on Section 10(3) to the final approval order, this case demonstrates that with the right strategy, thorough preparation, and deep legal expertise, even the most challenging trademark obstacles can be overcome.

For businesses operating in Bangladesh or planning to enter the market, this case serves as both an inspiration and a reminder: protecting your intellectual property rights is possible, but it requires partnering with legal professionals who have the knowledge, experience, and strategic vision to navigate complex legal challenges.

The milestone achieved by SUPREMEiP Law Firm in the MAGPOW case will undoubtedly be studied and referenced for years to come as an example of excellence in trademark law practice in Bangladesh.