Trademark Decision Review Application

Summary

To review a Registrars decision on trademark rejection, address objections under Sections 8(c), 10(1), and 10(3) of the Bangladesh Trade Marks Act, 2009. Highlight the distinctiveness of the trademark and differences in goods to reduce confusion. If a cited trademark is deemed abandoned, argue it should not be an obstacle. Ensure the application is considered on its merits, especially if related to specific goods like sewing machinery. Adjust the draft application details as necessary before submission.

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Prepare an application for review the Registrar's decision.
Here is a draft application for reviewing the Registrar's decision:
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[Letterhead of ****]
Date: [Insert Date]
To
The Registrar of Trademarks
Department of Patents, Designs & Trademarks
Ministry of Industries
Dhaka, Bangladesh
Subject: Application for Review of Rejection of Trademark Application "ND & Device" Under No.C-* in Class-*
Dear Sir/Madam,
We, ****, representing our client, respectfully submit this application for review of the decision to reject the trademark application "ND & Device" under No.C-* in Class-*, dated */*/*.
We understand that the rejection was based on the following grounds provided under Sections *(c), *(*), and *(*) of the Bangladesh Trade Marks Act, *. We would like to address these objections as follows:
*. Section *(c): Prohibition of registration of certain matters
- The use of the trademark "ND & Device" is unlikely to deceive or cause confusion with the cited marks due to the distinctiveness of the device part of the mark. The goods listed under our application (industrial sewing machinery and parts) differ significantly from the goods listed under the cited trademark No.* (various types of bearings). This distinction reduces the likelihood of confusion.
*. Section *(*): Prohibition of registration of identical or deceptively similar trademark
- While there is a cited pending trademark "ND & Device" under No.* in Class-*, the Registrar's letter itself states that this application is deemed abandoned. Therefore, it should not be considered as an obstacle to our registration.
*. Section *(*): Prohibition of registration of identical or deceptively similar trademark
- Given that the cited pending trademark application is deemed abandoned, it should not affect the registration of our client's trademark. Furthermore, our client's application should be considered on its merits, as the goods listed are specifically related to sewing machinery and parts.
Considering the above arguments, we respectfully request the Registrar to review the decision of rejection and restore the application for registration, waiving the objections cited.
Thank you for your attention to this matter.
Yours faithfully,
[Signature]
****
[Contact Information]
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Please review and adjust the details as necessary before submission.