Bangladeshi examination runs on short, fixed periods with one notable safety net. Missing the reply deadline abandons the application — and then the Rules allow you to bring it back for up to five years, which is a second chance no neighbouring system offers.
Quick reference
| Objection notified | In writing, within 10 days of completing the examination |
| Reply or request a hearing | Two months from the notification |
| Extension | A further two months, on the prescribed form |
| Failure to reply | The application is deemed abandoned |
| Reinstatement | Within five years of the notice of abandonment, on payment of the fee |
| Hearing date | Fixed within a maximum of one month of the request |
| Decision | Notified on the prescribed form |
| Reasons | On request within one month; given within one month of the request |
| Appeal clock | Runs from the date the decision was notified |
What is examined
The Registrar examines the application against the requirements of the Act: the essential particulars in section 6, the prohibitions in section 8, the chemical names bar in section 9, the identical or deceptively similar marks ground in section 10, the rule on names of living and recently deceased persons in section 11, and the provisions on parts of marks, associated marks and disclaimers.
The substance of those grounds is in marks that cannot be registered.
The Registrar may also take into account proof of use submitted by the applicant, which matters for marks that depend on section 6(2) — a name, signature or word outside the first four essential-particulars categories is registrable only on evidence of its distinctiveness.
The objection
Where the Registrar has an objection, or proposes a condition, amendment, modification or restriction, it is notified to the applicant in writing on the prescribed form — within ten days of completing the examination and inquiry, under the Rules.
The applicant then has two months from the date of that notification to:
- file a written reply; or
- apply for a hearing on the prescribed form.
An extension of up to a further two months is available on the prescribed form. That extension is provided for in the Rules, which matters because section 93 bars extension of a time expressly provided — here the Rules supply the extension expressly, so it is available.
Abandonment, and the way back
If no written reply is filed within the time allowed and no hearing is requested, the application shall be deemed to have been abandoned.
Then the proviso that makes Bangladesh unusual: within five years after the issuance of the notice of abandonment, there is an opportunity to reinstate the abandoned application, subject to payment of the prescribed fee.
Five years is a long runway. It is not a reason to relax about the deadline — the mark sits unprotected in the meantime, a competitor may file in the gap, and the position when you come back is not the position you left — but it means an abandoned Bangladeshi application is worth checking rather than written off.
Separately, section 94 gives the Registrar a general abandonment power where an applicant is in default in the prosecution of an application: a notice requiring the default to be remedied within a specified time, an opportunity to be heard if desired, and abandonment if it is not remedied.
The hearing
Where a hearing is requested, the Registrar fixes a date within a maximum of one month of the application and informs the applicant.
The hearing is conducted by the Registrar or a designated officer, and the applicant attends personally or through a trademark representative or counsel.
The decision
After the written reply or the hearing, the Registrar takes a decision and notifies it on the prescribed form.
Under section 15(5) the outcomes are:
- acceptance absolutely;
- refusal, with the grounds recorded; or
- acceptance subject to amendments, modifications, conditions or limitations.
Conditional acceptance is the usual middle outcome, and the conditions are advertised with the application and define what the registration will actually cover.
Reasons, and the appeal clock
Within one month of the notification of the decision, the applicant may request the Registrar on the prescribed form to notify the reasons for it. The Registrar then gives the reasons within one month of receiving the request.
The Rules then make the timing point explicit: the date on which the decision is notified to the applicant is deemed, for the purposes of appeal, to be the date of delivery of the decision.
So the appeal period runs from notification of the decision, not from receipt of the reasons. Requesting reasons does not extend it, and that is the trap to avoid: ask for the reasons immediately and work on the assumption that the appeal clock is already running.
An appeal lies to the High Court Division. On an appeal by an applicant against a decision under sections 14, 15 or 18, neither the Registrar nor an opposing party may advance grounds other than those recorded in the decision or already argued, without the Court’s express permission — and if additional grounds are allowed in, the applicant may withdraw the application on notice without liability for costs.
Withdrawal of acceptance
Acceptance is not the end of the risk. Section 16 lets the Registrar withdraw an acceptance, after giving the applicant an opportunity to be heard, where satisfied that:
- the application was accepted in error; or
- in the circumstances the mark should not be registered, or should be registered subject to conditions or limitations additional to or different from those it was accepted under.
The application then proceeds as if it had not been accepted.
Timetable at the other end
Section 20(3) sets a target rather than a deadline on the office: where there is no defect, objection or opposition, the registration certificate is to be provided within 150 working days of filing.
Section 20(4) sets the limit on the applicant: where registration is not completed within one year from the date of the application by reason of the applicant’s default, the Registrar may treat the application as abandoned after notice.
Frequently asked questions
How long do I have to answer an examination objection in Bangladesh? Two months from the notification, extendable by a further two months on the prescribed form.
What happens if I miss it? The application is deemed abandoned. The Rules then allow reinstatement within five years of the notice of abandonment, on payment of the prescribed fee.
How quickly is a hearing listed? Within a maximum of one month from the request, under the Rules.
Does asking for reasons extend my appeal deadline? No. The date the decision was notified is deemed to be the date of delivery of the decision for appeal purposes, so the clock runs from notification.
Can the Registrar take back an acceptance? Yes, after hearing the applicant, where the acceptance was in error or the mark should not be registered or should carry different conditions.
How long should registration take if nothing goes wrong? The Act sets a target of 150 working days from filing for the certificate where there is no defect, objection or opposition.
Useful official resources
- Department of Patents, Designs and Trademarks, Bangladesh
- Trademarks Act, 2009 — sections 6, 8 to 11, 15, 16, 19, 20, 93, 94, 100
- Trademarks Rules — rules 14, 15
See our related notes on filing a trademark in Bangladesh, marks that cannot be registered and application stages.
Holding a Bangladeshi objection, or an application that went abandoned? Talk to us.