The short answer
Under Rule 14 of the Trademark Rules, 2015 the Registrar examines every Bangladesh application for legal compliance, conflict with earlier marks and descriptiveness. If there is an objection, Rule 15 gives you 2 months to reply, with 2 more on request. No reply means the application is abandoned.
What the Registrar checks (Rule 14)
- Legal compliance: Sections 6, 8, 9, 10, 11, 67(1) and 120 of the Trademarks Act, 2009
- Conflicts: identical or confusingly similar registered or pending marks for similar goods or services
- Distinctiveness: marks that only describe the goods or lack distinctiveness
Section 6
Invented word and distinctiveness
The mark should include an invented word, avoid direct description, and be distinctive.
Section 8
Deceptive or offensive
Marks likely to deceive or confuse the public, or hurt religious feelings.
Section 10
Earlier and well-known marks
Identical or deceptively similar to an earlier mark, or a copy or translation of a well-known mark. Later conflicting applications are held until the first is resolved.
Section 11
Living persons
Written consent needed if the mark falsely suggests a link to a living person or one who died in the last 20 years.
Section 9 bars common chemical element or compound names. Section 67 restricts textile line headings and letter-only marks. Section 120 covers Paris priority within 6 months.
Handling an objection (Rule 15)
Receive the notice
- A written examination report states the grounds
Reply
- Written reply or hearing, with legal arguments and evidence of use or distinctiveness
Decision
- If satisfied, the Registrar moves the mark to publication
- If not, the application is rejected
If rejected or abandoned
| Situation | Option |
|---|---|
| Rejected | Request a certified copy (Rule 15(7)); the Registrar must give it within 1 month |
| Appeal | Within 2 months of the copy, to the High Court Division (Rule 50, Section 100) |
| Review | Within the appeal period (Rule 65(1), Section 91(5)) |
| No reply to objection | Abandoned under Rule 15(3) |
| Restoration | Within 5 years of the abandonment notice, with a fee |
If the DPDT is slow to issue the abandonment notice (2 to 3 years is common), you cannot apply to restore. File a late reply with a condonation request, or file a fresh application for the same mark to protect your position.
Examination and objection questions
How long do I have to reply to an objection?
2 months from receipt, extendable by 2 more months on request.
What if I miss the deadline?
The application is abandoned. You can apply to restore it within 5 years of the abandonment notice.
Can I appeal a rejection?
Yes, to the High Court Division within 2 months of the certified copy.
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