The short answer
A trademark objection (also called a Show Cause notice, Office Action or Examination Report) is the DPDT's formal challenge after examination under Rule 14. You have 2 months to reply under Rule 15, with a further 2 months on request. It is not a refusal: a clear, well-organised reply often turns it into acceptance.
What the Registrar checks
1
Legal compliance
Sections 6, 8, 9, 10, 11, 67 and 120 of the Trademarks Act, 2009.
2
Distinctiveness
Is the mark distinctive, or descriptive, generic or common in trade?
3
Earlier marks
Identical or confusingly similar registered marks in the same or related classes.
4
Public interest
Deception, religious offence, and use of a living or recently deceased person's name.
If nothing is found, the mark is published and the 2-month opposition window starts.
Grounds at a glance
| Provision | Covers | Can it be overcome? |
|---|---|---|
| Section 6 | Invented word, descriptiveness, distinctiveness | Often, with proof of acquired distinctiveness or an amended mark |
| Section 8 | Obscene, unlawful, deceptive, religious, symbols, generic, bad faith | No. These are categorical refusals |
| Section 9 | Chemical element and compound names | Sometimes, as part of a distinctive mark with a disclaimer |
| Section 10 | Earlier and well-known marks | Yes, by argument, consent (NOC) or co-existence |
| Section 11 | Living persons, or deceased within 20 years | Yes, with written consent |
| Sections 67 and 120 | Textiles; foreign priority | Yes, by meeting the conditions |
Examples and avoidance tips: common grounds of objection.
Reply under Rule 15
Read the notice
- List every ground cited, with section and reasoning
- Each ground needs its own answer
File within 2 months
- Ask for any extension before the first 2 months end
- Attach evidence and ask for a hearing if oral argument helps
Decision
- If satisfied, the Registrar publishes the mark
- If not, the application is rejected
Section 10(3) strategy. When an earlier pending application blocks yours, you can ask for a hearing to speed it up, challenge the earlier mark for non-use or abandonment, or agree co-existence with its owner.
If refused or if you miss the date
| Situation | Next step |
|---|---|
| Refused | Get a certified copy (Rule 15(7)), then appeal to the High Court Division within 2 months (Section 100), or seek review (Rule 65(1)) |
| No reply | Abandoned under Rule 15(3); apply to restore within 5 years of the abandonment notice |
| Abandonment notice delayed | The DPDT often issues it 2 to 3 years late; file a late reply with a condonation request and consider a fresh application |
Trademark objection questions
Is an objection the same as a refusal?
No. It is an invitation to defend the application.
How long do I have to reply?
2 months from receipt, extendable by 2 more months on request.
What if I do not reply?
The application is abandoned, but can be restored within 5 years of the abandonment notice.
Can I appeal a refusal?
Yes, to the High Court Division within 2 months of the certified copy.
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 in Bangladesh
