In Bangladesh, the trademark registration system is controlled by the Trademark Act, 2009 and the Trademark Rules, 2015. Once you submit a trademark application, it goes through an examination process to check whether your trademark meets the legal requirements.
This process is mainly handled under Rule 14 for examination and Rule 15 for dealing with objections.
SUPREMEiP, Bangladesh
✅ Step 1: Trademark Examination (Rule 14 of the Trademark Rules, 2015)
After you file your trademark application, the Registrar of Trademarks carefully examines it. This examination is usually completed within two (2) months from the date the application is received.
◻️What does the Registrar check during the examination?
- Legal Compliance Check The Registrar checks whether the trademark complies with relevant sections of the law, particularly Sections 6, 8, 9, 10, 11, 67(1), and 120 of the Trademark Act.
- Conflict with Existing Marks The Registrar verifies whether the proposed trademark is identical or confusingly similar to any existing registered trademarks or pending applications for similar goods or services.
- Descriptive or Generic Nature The examination also assesses whether the trademark is merely descriptive of the goods or services or if it lacks distinctiveness, making it unsuitable for exclusive registration.
◻️ Common Sections That May Cause Trademark Objection:
Section 6(1)(c) of the Trademarks Act, 2009, states that a trademark cannot be registered if it does not include at least one invented word. An invented word is a word that has no direct meaning and is uniquely created for the mark.
Section 6(1)(d) mentions that a trademark must include words or elements that do not directly describe the character or quality of the goods or services. This may include personal names, surnames, geographical names, or the names of a sect, caste, or tribe in Bangladesh, as long as they are not directly descriptive.
Section 6(1)(e) specifies that a trademark must be distinctive. If a mark cannot distinguish one’s goods or services from others in the market, it is not eligible for registration.
Section 8(c) provides that a trademark cannot be registered if its use is likely to deceive or confuse the public. This is to prevent misleading information about the source or nature of the goods or services.
Section 8(d) restricts the registration of any trademark that may hurt the religious feelings of any group of people in Bangladesh. Marks containing offensive or sensitive religious content are not permitted.
Section 10(1) prohibits the registration of a trademark if it is identical or deceptively similar to an already registered trademark for the same or similar goods or services under a different owner.
Section 10(3) explains that if two similar or identical trademark applications are filed by different applicants for the same goods or services, the Registrar will hold the later application until the first one is resolved, considering the evidence and oppositions.
Section 10(4) of the Trademark Act, 2009, prohibits the registration of any trademark that is identical, confusingly similar, or a translation of a well-known mark or trade description in Bangladesh if it is for identical or similar goods or services of another enterprise.
✅ Check others...
Section 9 of the Trademark Act, 2009, prohibits the registration of any trademark that uses the commonly known name of a single chemical element or compound for chemical substances or preparations. Such names cannot be registered as trademarks because they are considered generic and public property. If mistakenly registered, these trademarks are treated as wrongly entered in the register and may be removed. However, there is an exception where such a name can be used as part of a trademark if it clearly refers only to the specific brand or product of the applicant and is accompanied by a suitable and distinctive description that differentiates it from similar products made by others.
Section 10(5) of the Trademark Act, 2009, states that a trademark cannot be registered for goods or services that are not identical or similar to those of a well-known and registered trademark in Bangladesh if its use may create a false connection with the owner of the well-known mark and potentially harm the interests of that registered trademark.
**provides that to determine whether a mark is well-known under Sections 10(4) and 10(5), the awareness of the mark within the relevant public sector in Bangladesh shall be considered, including any recognition gained through promotion of the mark in the country. Section 10(6) of the Trademark Act, 2009,
Section 11 of the Trademark Act, 2009, states that if a trademark application includes a name that falsely suggests a connection with a living person or someone who has died within the last 20 years, the Registrar can require written consent from that person or, if deceased, from their legal representative. If such consent is not provided, the Registrar may refuse to process the application.
Section 67 deals with special restrictions on the registration of trademarks for textile goods, especially piece goods. According to this section, a trademark that only consists of a "line heading" (such as a simple description or label) cannot be registered as a trademark. Such line headings are not considered distinctive and do not give any exclusive rights to the owner. Additionally, when it comes to textile goods, if someone wants to register trademarks made up of only letters, numbers, or a combination of both, the registration will follow specific conditions and restrictions set by the rules.
Section 120 provides special provisions for trademark applications based on priority from other countries. If someone files a trademark application in a Convention Country (a member of the Paris Convention or World Trade Organization) and then files the same trademark application in Bangladesh within six (6) months from the original filing date, they can claim that earlier date as the priority date in Bangladesh. This means that if the trademark is registered in Bangladesh, it will be considered as registered from the original filing date in the Convention Country. However, this benefit does not allow the trademark owner to claim damages for any infringement that happened before the Bangladesh filing date. If applications are filed in multiple Convention Countries, the six-month period is counted from the earliest filing date.
◻️What happens after the examination?
✅ If everything is fine, the application moves to the next stage (publication).
❌ If there are problems, the Registrar issues an Examination Report listing the objections and sends it to the applicant.
✅ Step 2: Handling Objections (Rule 15 of the Trademark Rules, 2015)
If the Registrar finds problems with your application, they will raise objections. Don’t worry—this does not mean automatic refusal! There is a process to reply to and solve the objections.
◻️How to handle objections?
1️⃣ Objection Notice: You will receive a written notice explaining why your trademark cannot proceed.
2️⃣ Reply Timeframe:
- You must respond (Written/Hearing) within two (2) months of receiving the objection notice.
- You can also request an extra two (2) months if needed.
- Your reply should include Legal arguments explaining why the trademark should be accepted. Evidence of prior use or distinctiveness (if applicable).
3️⃣ Registrar’s Decision:
✅ If your reply or hearing satisfies the Registrar, the application moves forward to publication.
❌ If not, the application will be rejected.
✅ Step 3: What if the application is rejected?
You still have options:
- Under Rule 15(7), you can request a certified copy of the Registrar’s rejection decision.
- The Registrar must provide this within one (1) month.
- After getting the certified copy, you have two (2) months (under Rule 50) to file an appeal to the High Court Division according to Section 100 of the Trademark Act.
- Alternatively, within the appeal period, you can also file a review application under Rule 65(1) and Section 91(5).
◻️ What happens if you don’t respond to the objection?
If you do not reply to the objection notice within the given time or request a hearing:
🚫 The application is automatically abandoned under Rule 15(3).
◻️ Can you restore an abandoned application?
Yes! According to the same rule, you can apply for restoration within five (5) years from the date the abandonment notice is issued by paying the required fee.
◻️ What if DPDT delays the abandonment notice?
In Bangladesh, it’s common for the DPDT (Department of Patents, Designs & Trademarks) to take a long time—sometimes 2–3 years—to issue an abandonment notice. Without this notice, you cannot apply for restoration.
◻️ So, what can you do?
Here are two possible solutions:
1️⃣ File a late response and hearing request now: Even if the time has passed, you can try submitting your written reply and request for a hearing, along with an application for condonation of delay (asking for forgiveness for the late submission). If the DPDT accepts your explanation, your application may continue to the next step.
2️⃣ File a fresh trademark application: To protect your trademark and avoid the risk of further delay or refusal, it’s smart to submit a new application for the same mark while your previous application issue is still pending.
✅ Final Thoughts:
- Always monitor your trademark application.
- Respond to any objection notices on time.
- If delays happen, take proactive steps to protect your rights.
- When in doubt, consider both restoring the old application and filing a fresh one to safeguard your trademark.
