Trademark Opposition in Bangladesh: A Complete Guide

Trademark Opposition in Bangladesh A Complete Guide

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◻️Trademark Opposition in Bangladesh: A Complete Guide to Protecting Your Brand

In today’s fiercely competitive marketplace, safeguarding your brand’s identity is more crucial than ever. When a third party attempts to register a trademark that is identical or confusingly similar to yours, swift action is essential. The legal mechanism that empowers you to challenge such registrations is known as Trademark Opposition in Bangladesh. This comprehensive guide will walk you through every aspect of the opposition process, from legal grounds and deadlines to evidence requirements and practical strategies for success.

◻️What is Trademark Opposition in Bangladesh?

Trademark Opposition is a formal legal process that allows any individual or entity to object to the registration of a trademark after it has been accepted and published in the Trademarks Journal by the Department of Patents, Designs and Trademarks (DPDT). If you believe a published trademark infringes upon your rights, you must file an opposition within two months of its publication—no extensions are permitted under Bangladeshi law.

◻️Legal Grounds for Trademark Opposition

Filing an opposition is not about personal grievances; it must be based on solid legal grounds. Common reasons for opposition in Bangladesh include:

• The mark is identical or confusingly similar to an existing registered, pending, or well-known trademark.
• It infringes upon prior use or registration rights.
• The mark lacks distinctiveness or is merely descriptive, generic, or common.
• It is misleading, deceptive, offensive, or contrary to public policy or law.
• The application was filed in bad faith.
• The mark contains restricted symbols or false geographical indications.

📝 Importance of Drafting the Opposition Notice

The opposition process begins with the submission of Form TM-05. However, the strength of your case depends heavily on how well your notice is drafted. A compelling opposition notice should:

• Clearly articulate the legal grounds for opposition.
• Provide a detailed factual and legal background.
• Reference earlier registrations or applications.
• Demonstrate a strong likelihood of confusion or potential damage.

Poorly drafted notices often lead to weak cases or outright dismissal during hearings. Engaging a legal expert is highly recommended to ensure your opposition is robust and comprehensive.

🔄 Step-by-Step Process of Trademark Opposition in Bangladesh

✅Stage 1: Filing of Opposition and Counter-Statement

1. Filing Opposition (TM-05): The opponent must file Form TM-05 within 60 days of the trademark’s publication.
2. Service to Applicant: The DPDT serves a copy of the opposition to the applicant.
3. Counter-Statement (TM-06): The applicant has two months to respond with Form TM-06. No extensions are allowed.

The applicant may argue that the marks are not confusingly similar, that the opponent’s rights are weak or unenforceable in Bangladesh, or that there is no evidence of actual use or reputation.

✅Stage 2: Submission of Evidence ("Affidavit in Evidence")

Both parties must support their claims with evidence in the form of legally verified affidavits.

Both parties must substantiate their claims with legally verified affidavits.

For the Opponent:

• Legalized or apostilled affidavit
• Proof of prior trademark rights
• Sales and marketing materials
• Product packaging, media coverage, customer testimonials
• Screenshots of online presence, business registrations

For the Applicant:

• Affidavit defending their rights
• Business registration, product packaging
• Sales figures, brand advertisements, licensing agreements

All evidence must be served to the opposing party by registered post. The process, known as “Affidavit in Evidence,” must be completed within two months of receiving the counter-statement.

🌐 Legalization vs. Apostille – What You Need to Know

🔹 Legalization:

• Affidavit is notarized in your country.
• Then attested at the Bangladesh Embassy or High Commission.
• Sent to Bangladesh and verified by the Ministry of Foreign Affairs.

🔹 Apostille:

• Available if your country is a member of the Hague Apostille Convention.
• No embassy involvement.
• A one-page certificate is issued by your country’s government.
• Bangladesh joined the Apostille Convention on July 29, 2024, and started accepting apostilles from March 30, 2025.

Using an apostille significantly reduces time, cost, and complexity.

✅ Optional Reply (Counter-Affidavit)

The opponent may submit a counter-affidavit within one month of receiving the applicant’s evidence. While optional, this step can be crucial for addressing new claims raised by the applicant.

✅ Stage 3: Hearing

• The DPDT issues a Hearing Notice (TMR-13).
• Both parties must confirm attendance by filing Form TM-07 within 14 days.
• The DPDT schedules a hearing date; multiple hearings may occur depending on case complexity.
• Both sides present arguments, clarify facts, and respond to questions from the DPDT Registrar.

✅Stage 4: Decision and Appeal

• If the opposition succeeds, the trademark application is refused or restricted.
• If the opposition fails, the trademark proceeds to registration.

Any dissatisfied party may appeal to the High Court within two months of the Registrar’s decision.

⏱️ Trademark Opposition Timeline in Bangladesh

The entire opposition process typically spans 2 to 4 years, depending on the complexity of the case, the responsiveness of the parties, and the number of hearings required.

◻️ Summary Table: Trademark Opposition Stages

◻️ Why Trademark Opposition in Bangladesh Matters?

Trademark opposition is not just a procedural hurdle—it’s a critical legal safeguard that protects the identity, goodwill, and exclusivity of your brand. Whether you're opposing a conflicting trademark or defending your own application, success depends on:

✅ Acting within strict deadlines
✅ Filing well-drafted notices
✅ Submitting properly legalized affidavits and compelling evidence
✅ Attending hearings fully prepared

⚖️ Trademark Opposition in Bangladesh – FAQs by Stage

✔️ General Understanding

Q1: What is a trademark opposition?
A: It is a legal process where a person or company can object to the registration of a trademark published in the Trademarks Journal.

Q2: Who can file a trademark opposition in Bangladesh?
A: Any "person"—including individuals, companies, or legal entities—who believes the published mark conflicts with their rights.

Q3: What is the deadline for filing an opposition?
A: Within 60 days (2 months) from the date of publication in the Trademarks Journal.

Q4: Can the 60-day deadline be extended?
A: No. This deadline is strict and cannot be extended under Bangladeshi law.

Q5: Where is the trademark opposition filed?
A: At the Department of Patents, Designs and Trademarks (DPDT) in Bangladesh using Form TM-05.

✔️ Stage 1: Filing Opposition Notice

Q6: What is Form TM-05?
A: It is the official form used to file a trademark opposition with the DPDT.

Q7: What should be included in the opposition notice?
A: Legal grounds, supporting facts, references to earlier marks, and reasons why the mark should be refused.

Q8: What are the legal grounds for opposition?
A: Similarity to existing marks, lack of distinctiveness, bad faith, deception, offensive nature, and more.

Q9: Is evidence required at the time of filing TM-05?
A: No. Evidence comes later during the affidavit stage.

Q10: Who prepares the opposition notice?
A: It should be prepared by a legal professional to ensure legal accuracy and completeness.

Q11: Can I oppose a trademark that resembles my pending application?
A: Yes, pending applications or prior use can be grounds for opposition.

Q12: Do I need a Power of Attorney to file opposition?
A: Yes, a simple POA is required if you appoint an agent or lawyer.

✔️ Stage 1B: Applicant’s Counter-Statement

Q13: What is a counter-statement?
A: The trademark applicant’s official response to the opposition, filed using Form TM-06.

Q14: How much time does the applicant have to respond?
A: 2 months from the date they receive the opposition notice.

Q15: Can the applicant get an extension to file TM-06?
A: No. The 2-month deadline is fixed.

Q16: What can the applicant include in their defense?
A: Arguments of dissimilarity, prior use, lack of confusion, or weakness of opponent’s rights.

Q17: What happens if the applicant fails to respond?
A: The application may be deemed abandoned and the opposition will succeed by default.

✔️ Stage 2: Affidavit in Evidence

Q18: What is an “Affidavit in Evidence”?
A: A sworn statement containing documents and facts supporting your claim, submitted after the counter-statement.

Q19: Who files the affidavit first?
A: The opponent files first, then the applicant responds with their own.

Q20: What is the time limit to file the affidavit in evidence?
A: 2 months from receiving the counter-statement or affidavit from the other party.

Q21: What must be included in the affidavit?
A: Evidence like trademark certificates, invoices, ads, packaging, media coverage, and online presence.

Q22: Can scanned or photocopied affidavits be submitted?
A: No. Only original, legalized or apostilled affidavits are accepted.

Q23: How do I legalize an affidavit?
A: Notarize it in your country, then get it attested by the Bangladesh Embassy and verified by the Ministry of Foreign Affairs in Bangladesh.

Q24: What is an apostille?
A: A simplified certificate issued by your government for international use, accepted under the Hague Convention.

Q25: Can I use an apostille instead of embassy legalization?
A: Yes, if your country is part of the Hague Apostille Convention. Bangladesh accepts apostilles since March 30, 2025.

Q26: Is it mandatory to send the opponent’s affidavit to the applicant?
A: Yes, a copy must be sent to the other party by registered post.

Q27: What happens if evidence is not submitted in time?
A: You may lose your right to present your case, and the Registrar may decide based on existing documents.

✔️ Counter-Affidavit (Optional)

Q28: What is a counter-affidavit?
A: A final reply by the opponent to address any new arguments raised in the applicant’s affidavit.

Q29: Is it mandatory to file a counter-affidavit?
A: No. It is optional, but strategic if new issues are introduced.

Q30: What is the deadline to file a counter-affidavit?
A: Within 1 month from receiving the applicant’s affidavit.

✔️ Stage 3: Hearing Proceedings

Q31: What happens after affidavits are submitted?
A: The DPDT issues a Hearing Notice (Form TMR-13) to both parties.

Q32: How do I confirm attendance for the hearing?
A: File Form TM-07 within 14 days of receiving the hearing notice.

Q33: Can there be multiple hearings?
A: Yes, depending on the complexity of the case.

Q34: What happens during the hearing?
A: Both parties present arguments, clarify facts, and respond to questions from the Registrar.

Q35: Is physical attendance required at the hearing?
A: Yes, unless DPDT allows virtual hearings. In-person hearings are still standard.

✔️ Stage 4: Decision & Appeal

Q36: Who makes the final decision?
A: The Registrar (Director General) of the DPDT after considering all documents and hearings.

Q37: What if the opposition succeeds?
A: The applicant’s trademark is refused or granted restricted rights.

Q38: What if the opposition fails?
A: The trademark proceeds to registration under normal procedure.

Q39: Can I challenge the final decision?
A: Yes, either party may file an appeal to the High Court within 2 months.

Q40: What is the overall timeframe for opposition?
A: The process may take 2 to 4 years, depending on how quickly parties respond and how many hearings are held.