TRADEMARK OPPOSITION BANGLADESH
PROCEDURE FOR TRADEMARK OPPOSITION IN BANGLADESH
In Bangladesh, the opposition period starts after the examination i.e. mark is formally examined under the absolute and relative grounds of refusal. Thereafter, the mark is accepted and published for opposition in Trademarks Journal.
Notice of Opposition
As per Section 18 of the Trademarks Act, 2009, any person may file a notice of opposition to registration of a mark within two (2) months from the date of advertisement of the said mark. The notice shall state the grounds on which the applications is opposed.
Within one (1) month of receipt of Notice of Opposition, the Registrar shall serve a copy of the Notice of Opposition to the Applicant.
Counter Statement
The Applicant is required to file a Counter Statement within two (2) months of receipt of the Notice of Opposition stating the arguments in support of application. If a Counter Statement is not filed within the deadline, the application is considered as deemed to have been abandoned by the Applicant.
Within one (1) month of receipt of Counter Statement, the Registrar shall serve a copy of the Counter Statement to the Opponent.
Evidence in Support of Opposition
Within two (2) months of receipt of the Counter Statement, the Opponent is required to file Evidence in Support of Opposition with the Registrar and also send a copy of the same to the Applicant. If the Opponent does not file Evidence in Support of Opposition, the Opposition shall be deemed to be abandoned.
Evidence in Support of Application
Within two (2) months of receipt of the evidence in support of application, the Applicant is required to file Evidence in Support of Application with the Registrar and also send a copy of the same to the Opponent. If the Applicant does not file Evidence in Support of Application, the application shall be deemed to be abandoned.
Evidence in Reply / Counter Evidence
Within one (1) month of receipt of the Evidence in Support of Application, the Opponent may, if necessary, file Counter Evidence with the Registrar and send a copy of the same to the Applicant. However, the Counter Statement shall be strictly in reply to the Evidence in Support of Application.
If no evidence in reply is filed, the Registrar shall take further action and proceed to hold hearing.
Hearing
Upon completion of submission of evidence, the Registrar shall issue a notice of hearing which will be held not later than one month from the date of issue of the hearing notice.
Once the hearing notice is issued, both the parties are required to submit the hearing fee along with their intention to attend the hearing within fourteen (14) days of the hearing notice.
If a party does not submit the hearing fee or does not attend the hearing after submitting the fee, the hearing shall be held or no hearing shall be held and the Registrar may pass a decision or enter any appropriate order, exercising their discretion.
In case the Registrar passes a decision in the absence of a party, such party may file an application and the Registrar may reconsider the decision subject to his discretion or make any other appropriate order.
In case both the parties do not appear at the hearing, the Registrar may cancel the proceedings. However, on application of any party, the Registrar may reconsider the decision or make any appropriate order.
Decision
After hearing the parties, the Registrar will issue a decision and notify the parties within one (1) month of delivery of the decision.
Review
The aggrieved party may file an application for review of the decision with the Registrar within three (3) months from the date of notification of the final decision.
- APPEAL TO DECISION OF THE OPPOSITION
In an event that any party is unsatisfied with the decision of the DPDT, an appeal can be filed with the High Court within 90 days from the date of receipt of the notice.
It is mandatory to obtain the Grounds of Decision in order to file appeal with the High Court Division.
- DOCUMENTS REQUIRED TO FILE AN OPPOSITION
- Simply executed Power of Attorney in the name of the Opponent
- Relevant evidence of use of the mark (if any) in Bangladesh or any other jurisdiction
A trademark application can be opposed in Bangladesh on grounds given under Sections 8, 9 and 10 of the Trademarks Act 2009.
Once an opposition is filed against a trademark in Bangladesh a copy of notice of opposition so filed is served to the applicant by the Trademarks Registry and the applicant is then required to file a counterstatement within 2 months of receipt of the notice forwarded by the Registry, failing which the application shall be treated as abandoned.
Thereafter, the Registrar will request evidence in writing from both parties. If the dispute is not settled by the parties, then hearing is fixed in the matter.
The Registrar decides the case made in the opposition proceedings. In the absence of an opposition, a trademark is registered, and the certificate of registration is issued.
For more information on trademark opposition in Bangladesh please click here info@ssrana.com
