The short answer
Bangladesh gives trademark owners three parallel tracks under the Trademarks Act, 2009: civil (District Court: injunctions, damages, account of profits, destruction), criminal (Magistrate: up to 2 years, and 3 for repeat offences) and administrative (cease and desist, customs, DPDT). The best strategy combines them, starting with a notice and an early injunction.
Civil remedies (Sections 96, 97, 102)
All infringement and passing-off suits go to the District Court (Section 96). Section 97(1) allows:
1
Injunction
Interim or permanent. The fastest relief; sometimes ex parte if urgent.
2
Damages or profits
Your choice of damages or an account of the infringer's profits.
3
Delivery up
Infringing labels, packaging and goods delivered up and destroyed.
4
Anton Piller order
Court-authorised search and seizure of goods and evidence.
5
Attachment
Property attachment or a receiver during the suit (Section 102(5)).
6
Appeal
Orders can be appealed in the ordinary way.
| Injunction | When | Key point |
|---|---|---|
| Ex parte / ad interim | Extreme urgency, before notice | Imminent irreparable harm |
| Temporary | During the suit | Prima facie case, irreparable loss, balance of convenience |
| Permanent | After judgment | Infringement or passing off proved |
| Quia timet | Before infringement happens | Credible imminent threat |
Registered versus unregistered marks
| Point | Registered | Unregistered |
|---|---|---|
| Action | Infringement suit | Passing off only (Section 24(2)) |
| Proof | Registration certificate is prima facie evidence (Section 28(1)) | Goodwill, misrepresentation and damage, shown by invoices, ads and affidavit |
| Civil remedies | Full (Section 97) | Full (Section 97) |
| Criminal | Sections 73 and 74 | Limited, Section 76 for false claims of registration |
Well-known marks are protected even on different goods (Sections 10(5) and 26), and owners of invented-word marks can seek defensive registrations (Section 43).
Criminal remedies (Magistrate)
| Offence | Section | Prison | Fine (BDT) |
|---|---|---|---|
| Falsifying a trademark | 73 | 6 months to 2 years | 50,000 to 2,00,000 |
| Selling goods with a false mark | 74 | 6 months to 2 years | 50,000 to 2,00,000 |
| False claim that a mark is registered | 76 | 6 months to 1 year | 50,000 to 1,00,000 |
Repeat offences under Sections 73 and 74 carry up to 3 years and a fine up to BDT 3,00,000. Counterfeit goods can be forfeited (Section 79). Sections 76 to 78 need a complaint from the Registrar; Sections 73 and 74 can be started by direct complaint. Criminal cases: 3 years from the offence or 2 years from knowledge, whichever is earlier.
Administrative and practical steps
- Cease and desist notice: often the fastest, cheapest first step
- Customs (Section 109): ask the Commissioner of Customs to detain counterfeit imports or exports
- DPDT: complaints, raids, opposition, rectification and cancellation actions
- Evidence: photos, test purchases, invoices, packaging and witness statements
Recommended sequence
Cease and desist
- Many infringers stop here
Collect evidence
- Photos, purchases, witnesses, market data
Civil suit with interim injunction
- File in the District Court; speed matters
Criminal complaint and raid, if needed
- For deliberate or large-scale counterfeiting
Civil limitation is 3 years from the infringement, so act early.
Trademark enforcement questions
Which court hears infringement suits?
The District Court, under Section 96.
Can I act on an unregistered mark?
Yes, by a passing off action, if you can prove goodwill, misrepresentation and damage.
How fast can I get an injunction?
Often within weeks, and sometimes within days if urgent.
Is counterfeiting a crime?
Yes. Sections 73 and 74 carry imprisonment and fines.
Is someone copying your brand?
SUPREMEiP® sends cease and desist notices, files injunction suits and coordinates raids in Bangladesh. Send us what you have found.
Trademark infringement Bangladesh Legal Remedies Guide
