Scope of filing Trademark Opposition in Bangladesh
What is Trademark Opposition?
Trademark opposition is a legal process where someone can challenge the registration of a trademark if they believe it infringes on their existing trademark rights
matters.
Who can file an opposition?
Anyone with a legitimate interest, such as the owner of a similar trademark, can file an opposition.
When to file an opposition:
An opposition must be filed within 2 months of the trademark application being published in the Trademarks Journal.
Grounds for opposition:
- Likelihood of confusion with an existing trademark
- Violation of prior rights
- Lack of distinctiveness
- Generic or non-distinctive nature
- Offensive or deceptive trademarks
- Contravention of the Trademarks Act
Steps in the opposition process:
- Filing a Notice of Opposition: This document outlines the grounds for your opposition.
- Counterstatement: The applicant responds to your opposition.
- Evidence Exchange: Both parties submit evidence to support their claims.
- Hearing (optional): If an agreement isn’t reached, a hearing is held.
- Decision: The Registrar issues a decision on whether to grant or refuse registration.
Appeal:
Dissatisfied parties can appeal the decision to the Intellectual Property Appellate Board.
Additional Information:
- It’s crucial to act quickly as the opposition period is short.
- Consider seeking legal help from a qualified trademark lawyer in Bangladesh.
- Relevant laws: Trademarks Act, 2009, Trademarks Rules, 2015, Code of Civil Procedure, 1908.
| Stage | Description | Cost |
|---|---|---|
| Filing of Notice of Opposition | Outlining the grounds of opposition | $75 |
| Counterstatement | Responds to the opposition | $80 |
| Evidence Exchange | Both Parties submits evidence in support of their claim | $50 |
| Hearing | Both Parties present arguments and evidence to the adjudicator | $45 |
| Decision | Registrar issues a decision on whether to grant or refuse registration | N/A |