How to overcome trademark objection in Bangladesh?

After filing the trademark application, the same is then examined by the Trademarks Registry, as to its inherent registrability and/or any similarity with existing marks. If any objection is raised (within 6 months to 1 year, depending on the back log at the Registry), an official examination report will be issued by the Trademarks Registry. To overcome the objection, it is necessary to file a response to the examination report along with the supporting documents.

The Registrar may accept or refuse the application subject to the provisions of the ordinance. A trademark application in Bangladesh can be refused/ objected by the Registrar on the following grounds:

  1. The mark is similar/ identical to an earlier trademark for the same or similar goods/services.
  2. The  mark  is  similar/identical  to  an  earlier  trademark  in  respect  of  different goods/services.
  3. The mark is a commonly used and accepted name of any single chemical element or single chemical compound.
  4. The above categories of marks may however be registered if the proprietor of the earlier trademark consents to its or there has been an honest concurrent use of the later mark.


How to overcome trademark objection in Bangladesh?

If the objections raised by the Registrar with regard to an application, is forwarded to the applicant and the applicant has to file an appropriate reply with the supporting documents to the official objections within 60 days. The Registrar may accept the application on the basis of the reply and documents filed or may list the application for hearing.

An appeal against the decision of registrar at the hearing or without the hearing can be filed by the applicant within 1 month from the date of such communication to the Registrar, requiring him to state in writing the grounds of, and the materials used by him in arriving at, his decision.


When an application for registration of a trademark is accepted, the Registrar advertises it in the official Trademarks Journal, which is published  and  available  on the  Registrys website.

It is advisable to conduct comprehensive trademark clearance search in Bangladesh to ascertain availability of the proposed mark and also to overcome any objection and opposition with respect to mark later on.


Cost for responding to the objection
Official fee: $30
Professional fee: Please contact info@supremeip.com
WhatsApp/WeChat: +8801613336333



What are the qualities of a good trademark in Bangladesh?

A good trademark should possess the following qualities-

  1. Easy to pronounce, spell & remember.
  2. Should be distinctive and should not have deceptive similarity.
  3. Should not be descriptive.
  4. Laudatory word/words such as best, perfect etc. to be avoided.


Which trademark application in Bangladesh can be refused or objected by the Registrar?

  1. The mark is similar/ identical to an earlier trademark for the same or similar goods/ services.
  2. The mark is similar/identical to an earlier trademark in respect of different goods/services.
  3. The mark is a commonly used and accepted name of any single chemical element or single chemical compound.
  4. The mark is likely to deceive the public or cause confusion with regard to the origin of goods.
  5. The matter contained or comprised in the mark is likely to hurt religious susceptibilities of any class or section of the citizens of Bangladesh.
  6. It contains or comprises of scandalous or obscene matter.
  7. It is a word declared by World Health Organization as an international non-proprietary name.

    The above categories of marks may however be registered if the proprietor of the earlier trademark consents to it or there has been an honest concurrent use of the later mark.


Which trademarks cannot be registered in Bangladesh?

  1.  which comprises or consists of any scandalous or obscene matter; or 
  2. the use of which would be contrary to any law for the time being in force; or (c) the use of which would be likely to deceive or cause confusion; or
  3. which contains any matter likely to hurt the religious susceptibilities of any class of the citizens of Bangladesh;
  4. which is identical with, or is an imitation of, or contains as an element, an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any state or international organization created by an international convention, charter or other instruments, unless authorized by the competent authority of that state or organization; or
  5. which would otherwise be disentitled to protection in a court;
  6. the application is made in bad intention and faith;
Contact Person
J.A. Chaudhury Reagan

Advocate, Supreme Court of Bangladesh
+8801613336333
+8801711970318
info@supremeip.com
advreagan@gmail.com
WeChat ID: SUPREMEiP

Contact Person
J.A. Chaudhury Reagan

Advocate, Supreme Court of Bangladesh
+8801613336333
+8801711970318
info@supremeip.com
advreagan@gmail.com
WeChat ID: SUPREMEiP