After 12 years of legal battles, appeals, and strategic legal maneuvers, LOTUS HERBALS PRIVATE LIMITED has successfully obtained trademark registration for "LOTUS" in Bangladesh. This victory marks a significant milestone in trademark law, setting a first-time precedent under Section 10(2) of the Trademark Act, 2009.

The Journey of the "LOTUS" Trademark in Bangladesh

  • Application Filing: On 13th January 2010, LOTUS HERBALS PRIVATE LIMITED, headquartered at No. 02, Forest Lane, Sultanpur, New Delhi, India, applied for the trademark "LOTUS" and Logo through its local agent, Karim & Co.
  • Objections Raised: On 28th May 2017, the Department of Patents, Designs & Trademarks (DPDT) raised objections under Sections 10(1), 10(3), and 8(C) due to the existence of three cited marks:
  • Response & Abandonment: Despite the agent filing a response, the mark was eventually abandoned on 26th December 2018.

SUPREMEiP Law Firm Takes Over the Case

Following the abandonment, in 2025 LOTUS HERBALS PRIVATE LIMITED appointed SUPREMEiP Law Firm, led by Advocate J.A. Chaudhury Reagan, to revive the application. The firm undertook a comprehensive analysis of the objections and discovered the following:

  1. The cited registered marks had not been renewed but were not officially declared abandoned, leaving them in an ambiguous legal state.
  2. The pending application had been objected to, but no response had been filed, keeping it technically active.

SUPREMEiP took an unprecedented approach in Bangladesh by:

  • Filing a restoration application for the abandoned "LOTUS" mark.
  • Applying for a direct hearing on the matter.
  • Taking legal steps against the cited marks, except for a cancellation case.
  • Invoking Section 10(2) of the Trademark Act, 2009, which allows the Registrar to permit registration of identical or similar trademarks under special circumstances, such as honest concurrent use.

With these findings, SUPREMEiP initiated a restoration application for the "LOTUS" trademark and simultaneously applied for a direct hearing, ensuring immediate attention to the case. Unlike conventional strategies, SUPREMEiP also took legal measures against the cited marks—excluding cancellation cases—to challenge their validity.

For the first time in Bangladesh, an application was filed under Section 10(2) of the Trademark Act, 2009, which allows registration in cases of honest concurrent use or special circumstances.

Section 10(2) states:

“In case of honest concurrent use or of other special circumstances which, in the opinion of the Registrar, make it proper so to do, he may permit the registration by more than one proprietor of trademarks which are identical or nearly resemble each other in respect of the same goods, or services or same description of goods or services subject to such limitations and conditions, if any, as the Registrar may think fit to impose.”

Final Decision & Registration

After multiple hearings, the Trademark Tribunal, presided over by Learned Tribunal Mr. Rashidul Mannaf Kabir, ruled in favor of LOTUS HERBALS PRIVATE LIMITED on 13th March 2024, restoring and approving the mark. The mark was subsequently published on 2nd July 2024 and officially registered on 21st January 2025.

This case has now set a landmark precedent in Bangladesh's trademark law, demonstrating the importance of strategic legal expertise in overcoming regulatory hurdles.