The short answer
Section 93 of the Trademarks Act 2009 lets the Registrar extend time on an application showing sufficient cause, with conditions as to costs or otherwise, but not where the Act or the Rules expressly fix the time. No hearing is required and no appeal lies from the order. Section 94 lets the Registrar give notice of a default in prosecuting an application and, if it is not remedied in the time given, treat the application as abandoned.
Section 93: extension of time
The Registrar may extend time if satisfied, on an application in the prescribed manner, that there is sufficient cause. The Registrar may impose conditions as to costs or otherwise and notifies the parties.
Limit
Not where time is fixed
No extension may be granted where time is expressly provided in the Act or in the Rules made under it.
Process
No hearing needed
Section 93(2) says the Registrar need not hear the parties before disposing of the application.
Remedy
No appeal
Section 93(3) says no appeal lies from an order under this section.
Because there is no appeal, put your best reasons and documents in the first application. Do not plan to fix a refusal later.
How to show sufficient cause
- Say what the deadline was and under which section or rule.
- Explain why it was missed, with dates and documents.
- Show the steps taken to comply as soon as the problem ended.
- Offer to pay costs if the Registrar imposes them.
- File before the deadline passes where you can.
Check first whether the time is fixed by the Act or the Rules. If it is, section 93 cannot help, and a different route, such as restoration, may be the only option. See the related guides on the Rules deadlines and on renewal.
Section 94: abandonment of an application
Where an applicant is in default in prosecuting an application, the Registrar may give notice requiring the default to be remedied within a specified time. If the applicant wishes, there may be an opportunity to be heard. If the default is not remedied in time, the Registrar may treat the application as abandoned.
Default
- The applicant fails to take a step needed to prosecute the application.
Notice
- The Registrar sends a notice stating the default and a time to remedy it.
Reply and hearing
- Remedy the default in time. If you want, ask to be heard.
Abandonment
- If the default is not remedied, the Registrar may treat the application as abandoned.
Sections 93 and 94 compared
| Section 93 | Section 94 | |
|---|---|---|
| Who acts | Registrar, on an application | Registrar, by notice |
| Purpose | More time | Closing a stalled application |
| Hearing | Not required | Opportunity to be heard if desired |
| Appeal | None | Not stated in the section |
Frequently asked questions
Can the Bangladesh Registrar extend a trademark deadline?
Yes, under section 93, if there is sufficient cause and an application is made, but not where the Act or the Rules expressly fix the time.
Can I appeal if the extension is refused?
No. Section 93(3) says no appeal lies from an order under that section.
What does abandonment of an application mean?
Under section 94 the Registrar may, after notice and time to remedy, treat an application as abandoned if the applicant stays in default.
Will I get a hearing before abandonment?
Section 94 allows the Registrar to give an opportunity to be heard if the applicant so desires.
Received a Registrar notice in Bangladesh?
Talk to the SUPREMEiP® team about deadlines, extensions and replies.
