The similar trademark law in Bangladesh, under Section 10 of the Trademark Act, 2009, sets out clear restrictions to prevent the registration of trademarks that are confusingly similar or deceptively identical to existing marks. This law plays a critical role in protecting both businesses and consumers from confusion, fraud, and unfair competition.
Section 10 of the Act provides detailed guidance through subsections 10(1) to 10(8), ensuring that trademark rights in Bangladesh are regulated fairly and in line with international standards.
Subsections of Section 10 – Similar Trademark Law in Bangladesh
🔹 Section 10(1): Ban on Similar or Deceptively Similar Marks
A trademark cannot be registered if it is similar or deceptively similar to an already registered mark for the same goods or services under another proprietor’s name.
👉 Purpose: To prevent market confusion and protect brand identity.
🔹 Section 10(2): Honest Concurrent Use
The Registrar may allow similar marks to be registered by different proprietors if:
- They are used in honest and concurrent use, or
- There are special circumstances.
👉 Such registrations are subject to restrictions and conditions to avoid consumer deception.
🔹 Section 10(3): Priority of Trademark Applications
When two or more applications are filed for similar marks in the same class:
- The earlier application will be decided first.
- Later applications will be kept pending until the earlier one is resolved.
👉 Ensures fairness and priority rights.
🔹 Section 10(4): Protection of Well-Known Trademarks (Same Class)
A trademark cannot be registered if it is:
- Similar or confusingly similar to a well-known mark in Bangladesh,
- Even if it is only a translation of that well-known mark.
👉 Protects famous brands from misuse within the same category of goods or services.
🔹 Section 10(5): Protection of Well-Known Marks (Across Classes)
A similar mark cannot be registered for different goods or services if:
- (a) It may cause consumers to wrongly assume a connection with the original owner, or
- (b) It may damage the goodwill or reputation of the well-known trademark.
🔹 Section 10(6): Criteria for Determining Well-Known Marks
The Registrar will consider:
- The level of advertising and promotion of the mark in Bangladesh,
- The awareness of consumers and traders about the mark.
👉 Only truly reputed brands receive extended protection.
🔹 Section 10(7): Consent of Prior Owner
If the owner of the earlier registered trademark consents, a similar mark may still be registered.
🔹 Section 10(8): Expired Trademarks Still Protected
If a trademark was used in good faith within two years before expiry, it will remain protected for one additional year after expiration.
👉 Prevents opportunistic registrations of lapsed but recently used marks.
Why Section 10 Matters for Businesses
The similar trademark law in Bangladesh is crucial because it:
- Protects consumers from buying counterfeit or misleading goods.
- Safeguards established businesses from brand dilution.
- Encourages fair competition by preventing copycat filings.
- Aligns Bangladesh law with international trademark protection standards.
Summary Table – Section 10 Trademark Act, 2009
| Subsection | Key Rule |
|---|---|
| 10(1) | Bar on registration of similar or deceptively similar marks |
| 10(2) | Honest concurrent use may allow multiple registrations |
| 10(3) | Priority rule – earlier applications resolved first |
| 10(4) | No registration of marks similar to well-known marks (same class) |
| 10(5) | Well-known marks protected across different goods/services |
| 10(6) | Registrar decides well-known status based on awareness/advertising |
| 10(7) | Consent of prior owner allows registration |
| 10(8) | Expired marks protected for 1 year if recently used |
FAQs on Similar Trademark Law in Bangladesh
Q1. Can I register a trademark if it looks like an existing brand?
👉 No, under Section 10(1) it will be refused if confusingly similar.
Q2. What if two businesses honestly use the same mark?
👉 Section 10(2) allows concurrent registration under conditions.
Q3. Are well-known trademarks protected in Bangladesh even if not registered?
👉 Yes, Sections 10(4)–10(6) protect well-known trademarks across classes.
Q4. What if a trademark expired recently?
👉 Section 10(8) extends its protection for one more year if used in good faith.
