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Official Examination of a Trademark in Bhutan/ Issuance of Office Action

After an application is filed the same is then examined by the Registrar with regard to the distinctiveness, possibility of deceptiveness and conflicting trademarks. If an objection to registration is raised, an official examination report will be issued by the Registrar depending on the back log at the registry.

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

  • A mark is similar/ identical to an earlier trademark for the same or similar goods/ services.
  • A mark which is similar/identical to an earlier trademark in respect of different goods/services.

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

Further 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 2 months. The Registrar may accept the application on the basis of the reply and documents filed or may list the application for hearing. When an application for registration of a trademark is accepted, the Registrar advertises it in the official Trademarks Journal.

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