If you have filed a trademark application in Bangladesh, there is a chance you may receive an objection (office action) from the Department of Patents, Designs and Trademarks (DPDT). Many applicants feel discouraged when this happens, but an objection is not a rejection. It is simply a request from the Registrar for clarification, evidence, or amendments before your mark can proceed.

In this article, we explain in plain words why objections are raised, what the law says, and how you can effectively respond to ensure your trademark has the best chance of registration.

Why Does the Trademark Office Raise Objections?

The DPDT examines every application against the Trademarks Act, 2009. If the Registrar believes that a mark conflicts with the law, an objection is issued.

The most common reasons include:

• Absolute Grounds (Section 8):
  The mark may be too descriptive, misleading, offensive, or not distinctive enough to identify your goods or services.
• Relative Grounds (Section 10):
  The mark may look or sound too similar to an earlier registered mark or a well-known mark. However, the law allows exceptions if you can prove honest concurrent use or obtain consent from the earlier owner.
• Other Legal Grounds:
  If the mark contains the name or portrait of a living person without permission (Section 11), or includes non-distinctive elements that must be disclaimed (Section 14).

Understanding the Timeline

Once the DPDT issues an objection, it sends a notice (Form TMR-12) to the applicant. From this date, the clock starts ticking:

• You have 2 months to file a written reply or request a hearing.
• If you need more time, you can apply for an extension of up to 2 additional months.
• If you prefer to argue your case in person, you can request a hearing, and the Director General will set a date within one month.
• After your reply or hearing, the Director General will issue a decision.
• If refused, you may request written reasons within 1 month.
• If you are still not satisfied, you can appeal to the High Court Division within 2 months of the Director General’s order.

Missing these deadlines usually results in the application being marked as abandoned, which is why keeping track of dates is absolutely essential.

How to Prepare Your Response

Step 1: Read the Objection Carefully

Identify whether the Registrar’s concern is based on absolute grounds (e.g., the mark is descriptive) or relative grounds (e.g., conflict with another trademark).

Step 2: Collect Evidence and Legal Arguments

• For distinctiveness issues, prepare evidence of use, such as invoices, advertisements, or press coverage, to prove that the mark has acquired recognition in the market.
• If there is a conflict with another mark, explore solutions such as narrowing your goods/services, entering into a coexistence agreement, or obtaining a consent letter.
• For non-distinctive parts of the mark, offer to add a disclaimer without giving up protection over the distinctive core.

Step 3: Draft a Clear and Persuasive Reply

Your reply should:

1. Quote the relevant sections of the Trademarks Act, 2009.
2. Explain why the objection does not apply or how you have cured it.
3. Attach all supporting documents in an organized manner.

Step 4: Request a Hearing if Needed

Sometimes written submissions are not enough, especially in cases of similarity with earlier marks. In such situations, requesting a hearing gives you the opportunity to explain your position directly to the Registrar.

Step 5: Prepare for Next Steps

If the Registrar accepts your reply, your mark will move forward to publication and registration. If refused, you still have the option of requesting reconsideration or filing an appeal to the High Court Division.

Common Mistakes to Avoid

• Waiting too long and missing the 2-month deadline.
• Submitting replies without strong evidence.
• Overlooking simple corrections like filing the required Power of Attorney or translations.
• Refusing to narrow or adjust your goods/services when that simple step could have cleared the way for acceptance.

Facing a trademark objection in Bangladesh can feel intimidating, but with the right strategy it is often possible to overcome. The law provides you with several options—extensions, hearings, disclaimers, consent, and even appeals—so long as you respond within the required time.

Our firm Alshim & Partners, guides both local and international clients through this process, from preparing replies to representing them in hearings and appeals. Our goal is to make sure your trademark rights are protected in Bangladesh with the least amount of delay.