In Bangladesh, trademark prosecution often faces delays and uncertainties, especially when dealing with office objections. One of the most critical areas where applicants and their representatives must exercise caution is responding to examination reports (objections) within the official deadline.
Unfortunately, it is common practice in Bangladesh that late responses are sometimes informally accepted by the Trademark Office (DPDT). However, relying on such practices can be legally dangerous and may put the entire registration at risk.
✅ If the Response Was Filed Within the Deadline:
When a written response to an objection is filed on time, we recommend the following steps:
- Proceed to file a hearing application along with a written submission (often referred to as Option C) to expedite the examination process.
- A hearing application allows for a formal opportunity to address any remaining issues directly with the examiner, reducing delays and improving the chances of a successful outcome.
Simply relying on a written response is ineffective, as applications often remain pending without further progress.
❌ If the Response Was Filed After the Deadline or No Response Was Filed:
According to Rule 15(3) of the Bangladesh Trademark Rules, if a response is filed after the deadline—or not filed at all—the application is considered abandoned.
In these cases, we strongly advise:
- Filing a new trademark application. This is often faster, more cost-effective, and legally secure than trying to revive an abandoned application.
Alternatively, if the client prefers to continue with the old application, it may be possible to submit Option C and a petition for condonation of delay. However, this option is legally uncertain and carries a significant risk of rejection.
⚠️ Can you restore an abandoned application?
Yes! According to rule 15(3), 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 under rule 15(3). 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.
🚨 The Long-Term Risk of Late Responses
Even if DPDT accepts a late response in practice, the risk does not end there. A third party could later challenge the validity of the registration in court on procedural grounds. We have already seen High Court decisions where popular trademarks were cancelled because responses were not filed on time, despite the DPDT accepting them.
This is why strict compliance with deadlines is not just a matter of good practice—it is essential for securing and protecting trademark rights in Bangladesh.
🔍 Our Recommendation
For the protection of any brand's valuable intellectual property, we always advise:
✔️ Submit responses on time.
✔️ Follow up with hearing applications to keep the process moving.
✔️ Avoid relying on informal practices that contradict the law.
✅ When in doubt, consider both restoring the old application and filing a fresh one to safeguard your trademark.
