The short answer
Section 10 of the Trademarks Act, 2009 bars registration of a mark that is similar or deceptively similar to an existing mark. Its eight subsections cover similar marks, honest concurrent use, filing priority, well-known marks, prior-owner consent and recently expired marks.
Section 10, subsection by subsection
| Subsection | Rule |
|---|---|
| 10(1) | No similar or deceptively similar mark of another owner for the same goods or services |
| 10(2) | Honest concurrent use may allow similar marks for different owners, with conditions |
| 10(3) | Earlier application in the same class is decided first; later ones wait |
| 10(4) | No mark similar to a well-known mark in the same class, even as a translation |
| 10(5) | Well-known marks protected across different goods if a connection or harm is suggested |
| 10(6) | Well-known status: advertising and awareness in Bangladesh |
| 10(7) | Registration possible with the prior owner's consent |
| 10(8) | A mark used in good faith within 2 years before expiry stays protected 1 year more |
What this means for your filing
Consumers
Protected
Fewer counterfeit or misleading goods.
Brands
Safeguarded
Established marks are protected from dilution.
Competition
Fair
Copycat filings are blocked at the Registry.
Search first. A conflict search before filing, a similarity and well-known-mark assessment, and a consent or concurrent-use strategy where available improve the outcome. See objections.
Similar trademark questions
Can I register a look-alike mark?
No, not for the same goods or services under Section 10(1).
Can the earlier owner consent?
Yes, under Section 10(7).
Are expired marks safe to copy?
Not immediately. Section 10(8) protects them for a year.
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