Trademark opposition procedure in Bangladesh
Trademark Opposition in Bangladesh: Procedure, Deadlines & Appeal
A step-by-step guide to how to file a trademark opposition in Bangladesh. It covers Form TM-05, the applicant’s counter-statement, evidence by affidavit, the DPDT hearing, the Registrar’s decision and the appeal to the High Court Division.
If a third party applies for a mark that is similar to yours, you do not have to wait for it to be registered. The Trademarks Act, 2009 lets you file a trademark opposition in Bangladesh before the mark enters the register. The proceeding is held before the Department of Patents, Designs and Trademarks (DPDT) and is governed by Section 18 of the Act and Rules 18–23 and 50 of the Trademark Rules, 2015.
This guide shows each stage in order. For each stage you get the form, the deadline and the rule, plus what the opponent and the applicant must do. It also explains affidavit legalization and apostille, the hearing, the possible outcomes and appeal.
What Is Trademark Opposition in Bangladesh?
Opposition is a formal challenge to a trademark application that the DPDT has accepted and published in the Trademarks Journal. It is a pre-registration step, so it must be started before the mark is registered. Cancellation, by contrast, applies after registration.
Who Can File an Opposition?
- Under Section 18(1), any person may oppose
- Owners of earlier registered or pending marks
- Owners of well-known marks, even if unregistered
- Businesses with prior use in trade
When and Where to File
- Deadline: 2 months from journal publication
- Office: DPDT, Dhaka
- Form: TM-05, in duplicate, with the prescribed fee
- Extension: not available
Grounds for Trademark Opposition under the Trademarks Act 2009
Rule 18(2) requires the notice to state every ground the opponent relies on. The usual grounds are below.
Similarity and Confusion
The applied mark is identical or confusingly similar to an earlier registered, pending or well-known mark in sight, sound or meaning.
Prior Use Rights
The opponent used the mark in Bangladesh before the applicant and holds rights from that use, even without registration.
Lack of Distinctiveness
The mark is generic, descriptive or a common trade term and cannot work as a brand.
Secs. 6 & 8Bad Faith Filing
The applicant filed to copy the opponent’s reputation, block competition or resell the mark.
Sec. 8Deceptive or Misleading Mark
The mark is likely to mislead buyers about the nature, quality or origin of the goods or services.
Sec. 8(c)Public Policy and Morality
The mark is offensive, scandalous or contrary to the law of Bangladesh.
Sec. 8(a), (b), (d)You cannot add new grounds after TM-05 is filed. A notice that lists all grounds, with a clear factual background and the earlier marks identified, gives the strongest base for the hearing.
How to File a Trademark Opposition in Bangladesh (Form TM-05)
The proceeding starts when the opponent files a notice of opposition under Rule 18. Follow these steps.
Publication in the Trademarks Journal
The DPDT publishes the accepted mark. The 2-month opposition window opens on the date of publication.
File Form TM-05 in Duplicate
Submit the notice with the prescribed fee and a full statement of the grounds (Rule 18(2)).
DPDT Serves the Applicant
Within 1 month of receiving the notice, the Registrar serves a copy on the applicant using Form TMR-7 (Rule 18(3)).
Rights at the Filing Stage
- Oppose any published mark that conflicts with prior rights
- State all legal grounds in one TM-05
- Receive the applicant’s counter-statement through the DPDT
Duties at the Filing Stage
- File within 2 months, with no extension
- State full grounds under Rule 18(2)
- File in duplicate with the fee
- Deposit security for costs if directed and based abroad (Sec. 18(7))
The 2-month period under Rule 18(1) cannot be extended. Check the Trademarks Journal regularly so you see conflicting marks in time.
Counter-Statement: How an Applicant Defends a Trademark in Bangladesh (Form TM-06)
After service of the notice, the applicant has 2 months to respond under Rule 19. The response is Form TM-06, filed in duplicate.
Rights at the Counter-Statement Stage
- 2 months to prepare the response
- Contest every ground in the notice
- Raise defences such as prior use, distinctiveness or different goods
- Receive the opponent’s documents through the DPDT
Duties at the Counter-Statement Stage
- Respond within 2 months of service
- Set out the facts and law supporting the application (Rule 19(2))
- Answer each allegation directly
- If no response is filed, the application is deemed abandoned (Sec. 18(2))
The marks are not confusingly similar. The opponent’s rights are weak or unenforceable in Bangladesh. The goods or services move in different trade channels. The opponent has no genuine interest in opposing.
Evidence by Affidavit in Trademark Opposition in Bangladesh (Form TM-18)
Both sides must prove their case with sworn affidavits under Rule 20. Each affidavit is filed at the DPDT and served on the other side by registered post.
| Rule | Who | Action and form | Deadline | If missed |
|---|---|---|---|---|
| Rule 20(1) | Opponent | Affidavit in evidence (TM-18); serve a copy on the applicant | 2 months after the counter-statement is received | Opposition deemed abandoned (Rule 20(2)) |
| Rule 20(3) | Applicant | Affidavit in evidence (TM-18); serve a copy on the opponent | 2 months after the opponent’s affidavit is received | Application deemed abandoned (Rule 20(4)) |
| Rule 20(5) | Opponent (optional) | Counter-affidavit (TM-18) replying to the applicant’s evidence | 1 month after the applicant’s affidavit is received | Registrar proceeds without it |
Documents Needed in Each Side’s Evidence
Opponent’s Evidence Package
- Registration certificates in Bangladesh and abroad
- Proof of prior use: invoices, sales figures, annual reports
- Advertising, packaging and labels
- Press coverage and online presence
- Business registration and licence agreements
Applicant’s Evidence Package
- Own registration or pending application
- Proof the mark was developed independently
- Sales and commercial records
- Evidence that marks and goods differ
- Catalogues, advertising and licence agreements
Affidavit Legalization vs. Apostille for Foreign Parties
A foreign party cannot file a locally notarized affidavit as it is. The affidavit must be authenticated for use in Bangladesh, by either of two routes.
Embassy Legalization
- Notarize the affidavit in your home country
- Attest it at the Bangladesh Embassy or High Commission
- Verify it at the Ministry of Foreign Affairs in Bangladesh
- Open to all countries; slower and costlier
Apostille (Hague Convention)
- Notarize the affidavit in your home country
- Obtain a one-page apostille from your government
- File directly at the DPDT with no embassy step
- Available if your country is a Convention member
Bangladesh joined the Hague Apostille Convention on 29 July 2024 and has accepted apostilled documents since 30 March 2025. For members of the Convention, apostille is the faster and cheaper route.
DPDT Hearing in a Trademark Opposition in Bangladesh (Rule 22)
When the evidence stage ends, the Registrar fixes a hearing. Both parties can argue their case orally. This is where the strength of each side is tested.
Hearing Notice (Form TMR-13)
The Registrar notifies both parties. The hearing date must be at least 1 month after service, unless both parties agree to less (Rule 22(1)).
Confirm Attendance (Form TM-07)
A party that wants to be heard files TM-07 with the fee within 14 days of the notice (Rule 22(2)).
Absence at the Hearing
If a party does not file TM-07 or does not appear, the Registrar may decide the case without that party (Rule 22(3)).
Reconsideration
A party heard in its absence may apply for reconsideration. The Registrar may allow it on conditions, including costs (Rule 22(4)).
No Party Appears
If neither party appears, the Registrar may dismiss the opposition. Either party may later apply for reconsideration (Rule 22(5)).
Rights at the Hearing
- Present oral arguments
- Be represented by a registered Trademark Agent or Advocate
- Ask for an adjournment, at the Registrar’s discretion
Duties at the Hearing
- File TM-07 within 14 days
- Attend the hearing
- Keep arguments to the evidence on record
- Follow the Registrar’s directions
Registrar’s Decision in a Trademark Opposition (Section 18 and Rule 23)
After the hearing, the Registrar gives a written decision under Section 18(5). Both parties receive it in writing on Form TMR-19 within 1 month (Rule 23).
Opposition Succeeds
The application is refused. The mark does not go to registration.
Conditional Registration
The Registrar allows the mark with amendments, limits or conditions, such as narrower goods or a disclaimer.
Opposition Fails
The application proceeds to registration and the mark is entered in the Register of Trademarks.
Appeal to the High Court Division against a DPDT Opposition Decision (Rule 50)
Either party can appeal a Registrar’s decision to the High Court Division of the Supreme Court of Bangladesh.
Appeal Requirements (Rule 50)
- Deadline: 2 months from receipt of the decision
- Court: High Court Division
- Name a Trademark Agent or Advocate
- File a copy of the appeal, with its case number, at the DPDT Registry
Grounds for Appeal
- Error of law in the decision
- Material evidence not considered
- Procedural irregularity affecting the result
- Wrong application of the Trademarks Act, 2009
Trademark Opposition Timeline in Bangladesh: All Forms and Deadlines
Section 18(8) sets a limit of 330 working days from the filing of the notice for the DPDT proceeding. In practice, contested cases often take longer, and an appeal adds further time.
| Step | Form | Who | Deadline | Rule |
|---|---|---|---|---|
| Notice of opposition | TM-05 | Opponent | 2 months from journal publication | Rule 18(1) |
| DPDT serves applicant | TMR-7 | DPDT | 1 month after TM-05 is received | Rule 18(3) |
| Counter-statement | TM-06 | Applicant | 2 months from service of notice | Rule 19(1) |
| DPDT serves opponent | TMR-7 | DPDT | 1 month after TM-06 is received | Rule 19(3) |
| Opponent’s affidavit | TM-18 | Opponent | 2 months after counter-statement is received | Rule 20(1) |
| Applicant’s affidavit | TM-18 | Applicant | 2 months after opponent’s affidavit is received | Rule 20(3) |
| Counter-affidavit (optional) | TM-18 | Opponent | 1 month after applicant’s affidavit is received | Rule 20(5) |
| Confirm hearing attendance | TM-07 | Both parties | 14 days after hearing notice (TMR-13) | Rule 22(2) |
| Decision communicated | TMR-19 | DPDT | 1 month from the decision | Rule 23 |
| Appeal to High Court Division | Court filing | Aggrieved party | 2 months from receipt of decision | Rule 50(1) |
Security for Costs and Exhibits in Trademark Opposition Proceedings
Two further rules matter most to foreign parties and to anyone preparing evidence.
Security for Costs
If a party does not live or carry on business in Bangladesh, the Registrar may direct it to deposit security for the costs of the proceeding. If the security is not deposited in time, the opposition or the application is deemed abandoned.
Exhibits and Inspection
A party that files evidence must give the other side copies on request, at the requesting party’s cost. Documents filed in the proceeding can be inspected by third parties.
Conclusion
Trademark opposition in Bangladesh is the most direct way to stop a conflicting mark before it is registered. The system has fixed forms, fixed deadlines and a written record, so the party that prepares early and files correctly has a clear advantage.
Whether you are opposing a similar mark or defending your own application, four points decide most cases.
Watch the Journal. The 2-month window is fixed.
Grounds cannot be added after TM-05 is filed.
Properly authenticated affidavits and records win cases.
Frequently Asked Questions on Trademark Opposition in Bangladesh
Q01What is trademark opposition in Bangladesh?
It is a formal challenge under Section 18 of the Trademarks Act, 2009 to a mark published in the Trademarks Journal. It must be filed before the mark is registered.
Q02Who can file a trademark opposition in Bangladesh?
Under Section 18(1), any person may file. This includes owners of earlier marks, owners of well-known marks and businesses with prior use.
Q03What is the deadline to file a trademark opposition?
The deadline is 2 months from publication in the Trademarks Journal (Rule 18(1)).
Q04Can the opposition deadline be extended?
No. The 2-month period cannot be extended. A missed deadline ends the right to oppose that mark.
Q05Which form is used to file a trademark opposition?
Form TM-05, filed in duplicate with the prescribed fee at the DPDT (Rule 18).
Q06What grounds are available for trademark opposition in Bangladesh?
Common grounds are similarity, prior use, lack of distinctiveness, bad faith, deceptive marks and public policy. Rule 18(2) requires all grounds to be stated in the notice.
Q07Do I need a Power of Attorney to oppose a trademark?
Yes, if an agent or advocate acts for you. For foreign parties, the Power of Attorney may need legalization or apostille.
Q08What is a counter-statement?
It is the applicant’s written reply to the opposition, filed on Form TM-06 within 2 months of service (Rule 19).
Q09What happens if the applicant does not file a counter-statement?
The application is deemed abandoned under Section 18(2).
Q10What is an affidavit in evidence?
It is a sworn statement on Form TM-18 that carries a party’s documents and exhibits (Rule 20). It must also be served on the other side by registered post.
Q11What happens if the opponent does not file evidence?
The opposition is deemed abandoned (Rule 20(2)), and the application can proceed.
Q12What documents should the opponent’s affidavit include?
Registration certificates, proof of prior use, advertising material, packaging, press coverage, online records and business documents. Foreign documents need legalization or apostille.
Q13What is the difference between legalization and apostille?
Legalization needs embassy attestation and Ministry of Foreign Affairs verification. An apostille is a single certificate from your own government and is faster for Convention members.
Q14When did Bangladesh start accepting apostilles?
Bangladesh joined the Convention on 29 July 2024 and has accepted apostilled documents since 30 March 2025.
Q15What is a counter-affidavit and is it mandatory?
It is an optional reply by the opponent on Form TM-18, filed within 1 month of the applicant’s affidavit (Rule 20(5)). It should respond only to the applicant’s evidence.
Q16How do I confirm attendance at the opposition hearing?
File Form TM-07 with the fee within 14 days of the hearing notice, Form TMR-13 (Rule 22(2)).
Q17Can the Registrar decide in my absence?
Yes (Rule 22(3)). You may apply for reconsideration, which the Registrar can allow on conditions such as costs (Rule 22(4)).
Q18What can the Registrar decide in an opposition?
The Registrar can accept the application, refuse it, or accept it with conditions or limits (Section 18(5)).
Q19How is the Registrar’s decision communicated?
In writing on Form TMR-19 within 1 month of the decision (Rule 23). The date of receipt starts the appeal period.
Q20Can I appeal the Registrar’s opposition decision?
Yes. Either party may appeal to the High Court Division within 2 months of receiving the decision (Rule 50).
Q21How long does a trademark opposition take in Bangladesh?
Section 18(8) sets a limit of 330 working days for the DPDT proceeding. Contested cases often run longer, and an appeal adds more time.
Q22Can more evidence be filed after the evidence stage?
Generally no. Only with the Registrar’s permission, on conditions such as costs (Rule 20(7)).
Q23Can a foreign party be asked to deposit security for costs?
Yes. Under Section 18(7), the Registrar may direct a party outside Bangladesh to deposit security. If it is not deposited in time, the opposition or application is deemed abandoned.
Q24What is the difference between opposition and cancellation?
Opposition is filed before registration, within 2 months of publication. Cancellation is filed after the mark is registered.
Q25How does SUPREMEiP handle trademark opposition in Bangladesh?
We check the Journal, draft the TM-05 with every ground, prepare the evidence and appear at the DPDT hearing. Contact us to review your case.
Trademark opposition · Trademark registration · Enforcement · Appeals
