Two stages of a Bangladeshi application end it automatically if a deadline passes. One of them can be undone for up to five years. The other cannot be undone at all.
Quick reference
| Stage | What it means | Your deadline |
|---|---|---|
| Filed | Form TM-1 in triplicate, one class | — |
| Examination | Against sections 6 to 11 | — |
| Objection notified | In writing, within 10 days of examination | Two months, extendable by two |
| No reply | Deemed abandoned | Reinstatement within five years |
| Hearing | Listed within one month of the request | — |
| Decision | Accepted, refused, or accepted with conditions | Reasons on request within one month |
| Acceptance withdrawn | The Registrar may reopen it after a hearing | — |
| Advertised | The opposition window opens | — |
| Opposition filed | Any person, on the prescribed form | Two months for the counter-statement |
| No counter-statement | Deemed abandoned — no route back | — |
| Registered | Certificate issued | Term runs from the application date |
Filed
An application on Form TM-1 in three copies, in one class, at the office having territorial jurisdiction over the applicant’s principal place of business in Bangladesh — or over the address for service, where the applicant has no business there.
Where priority is claimed, the full particulars and the certified copy go in with the application.
The date matters twice: it fixes precedence, and it is deemed to be the date of registration, so the seven-year first term starts running from it. See filing a trademark in Bangladesh.
Examination
The application is examined against the essential particulars in section 6, the prohibitions in section 8, the chemical names bar in section 9, the identical and deceptively similar marks ground in section 10 including its well-known mark limbs, and the names of persons rule in section 11.
Where the mark depends on section 6(2) — a name, signature or word registrable only on evidence of distinctiveness — the proof of use is part of the application, not a reaction to an objection.
Objection
Any objection, condition, amendment, modification or restriction is notified in writing on the prescribed form, within ten days of the examination being completed.
The applicant then has two months to file a written reply or apply for a hearing, extendable by a further two months on the prescribed form.
Failure to do either means the application is deemed abandoned — and then the useful part: the Rules allow reinstatement within five years of the notice of abandonment, on payment of the prescribed fee.
See examination and objections.
Hearing and decision
A requested hearing is listed within a maximum of one month. The Registrar or a designated officer conducts it, and the applicant attends personally or through a representative or counsel.
The decision is notified on the prescribed form. Within one month the applicant may request the reasons, which are given within one month of the request — but the appeal clock runs from the notification of the decision, not from the reasons.
The outcomes under section 15(5) are acceptance absolutely, refusal with recorded grounds, or acceptance subject to amendments, modifications, conditions or limitations.
Acceptance can be withdrawn
Section 16: where after acceptance the Registrar is satisfied that the application was accepted in error, or that the mark should not be registered or should carry different conditions, the Registrar may — after giving the applicant an opportunity of being heard — withdraw the acceptance and proceed as if the application had not been accepted.
So acceptance is not a settled position until advertisement has run its course.
Advertisement
Section 17: once accepted, whether absolutely or subject to conditions or limitations, the application is advertised together with those conditions or limitations.
Two variations:
- the Registrar may advertise before acceptance where the mark is one to which section 6(2) applies — that is, one depending on evidence of distinctiveness — or in any other case where exceptional circumstances make it expedient; and
- where an application was advertised before acceptance, or an error has since been corrected or an amendment permitted under section 19, the Registrar may advertise it again or notify the correction or amendment.
Opposition
Two months from the date of advertisement, for any person, on the prescribed form with the fee. Not extendable — section 93 bars extending a time expressly provided for in the Act or the rules.
The Registrar serves the notice on the applicant within one month. The applicant must file a counter-statement within two months of receipt, failing which the application is deemed abandoned.
Unlike abandonment at the examination stage, there is no five-year reinstatement route here. This is the deadline with no second chance.
Evidence follows, a hearing is available, security for costs may be required of a party not resident or carrying on business in Bangladesh, and the whole proceeding is to be concluded within 120 working days.
See trademark opposition in Bangladesh.
Registration
Section 20(1): where the application has been accepted and either no opposition was filed and the time has expired, or an opposition has been decided in the applicant’s favour, the Registrar registers the mark — giving effect to it from the date of the making of the application, and that date is deemed to be the date of registration.
A certificate is issued under seal. Section 20(3) sets a target of 150 working days from filing where there is no defect, objection or opposition.
Section 20(5) lets the Registrar amend the register or a certificate to correct a clerical error or an obvious mistake.
The one-year longstop
Section 20(4): where registration is not completed within one year from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice of non-completion, treat the application as abandoned unless it is completed within the time specified in the notice.
Section 94 adds a general power to the same effect where an applicant is in default in the prosecution of an application.
The two automatic abandonments
Worth holding together, because neither involves a decision on the merits:
No reply to an objection within two months (plus any extension) — recoverable within five years under the Rules.
No counter-statement to an opposition within two months of receipt — not recoverable.
Everything else in the process gives you a hearing. These two do not.
Frequently asked questions
How long does registration take in Bangladesh? The Act sets a target of 150 working days from filing for the certificate where there is no defect, objection or opposition. Contested files take considerably longer.
What happens if I miss the objection reply deadline? The application is deemed abandoned, but the Rules allow reinstatement within five years of the notice of abandonment on payment of the prescribed fee.
What happens if I miss the counter-statement deadline? The application is deemed abandoned, with no reinstatement route. It is the hardest deadline in the process.
Can the Registrar take back an acceptance? Yes, after giving the applicant an opportunity to be heard, where the acceptance was in error or the mark should not be registered or should carry different conditions.
Why would my application be advertised before acceptance? Where it relates to a mark to which section 6(2) applies — one registrable only on evidence of distinctiveness — or where exceptional circumstances make it expedient.
When does my registration term start? On the date the application was made, which the Act deems to be the date of registration. The first term is seven years.
Useful official resources
- Department of Patents, Designs and Trademarks, Bangladesh — the Gazette and forms
- Trademarks Act, 2009 — sections 6, 15 to 20, 22, 93, 94, 100
- Trademarks Rules — rules 10, 14 to 23
See our related notes on filing a trademark in Bangladesh, examination and objections and trademark opposition.
Holding a Bangladeshi application that has stalled, or a deadline you are unsure about? Talk to us.