The short answer
Chapter X of the Trademarks Act, 2009 (sections 71 to 89) makes it a criminal offence to falsify a trademark, apply a false mark or trade description, sell goods that carry one, or falsely say that a mark is registered. In the 2010 text, applying false marks carries 6 months to 2 years in prison or a fine of Taka 50,000 to 2 lakh, or both. Offences by a company reach the people in charge. A prosecution must start within 3 years of the offence or 2 years of discovery, whichever ends first.
The offences and penalties in the 2010 text
| Section | Offence | Penalty in the 2010 text |
|---|---|---|
| 73 | Falsifying a mark; falsely applying a mark; making or holding dies, blocks or plates for falsifying; applying a false trade description or false indication of origin; causing any of these | First offence: 6 months to 2 years in prison, or a fine of Taka 50,000 to 2 lakh, or both. Later offence: 1 to 3 years, or a fine of Taka 1 lakh to 3 lakh, or both |
| 74 | Selling, exposing for sale or holding for trade goods with a false mark or false trade description | Up to 2 years in prison, or a fine, or both; up to 3 years for a later offence. A defence exists for a person who took reasonable precautions, had no reason to suspect, and gave information about the supplier |
| 75 | Removing or selling piece goods, cotton yarn or thread without the required marking | Forfeiture of the goods and a fine up to Taka 5,000 |
| 76 | Falsely saying a mark is registered, or registered for goods it does not cover, or that registration gives exclusive rights it does not give | 6 months to 1 year in prison, or a fine of Taka 50,000 to 1 lakh, or both |
| 77 | Describing a place of business as connected with the Trademarks Office | 6 months to 1 year, or a fine of Taka 50,000 to 1 lakh, or both |
| 78 | Making a false entry in the Register or producing a false copy of an entry | 6 months to 1 year, or a fine of Taka 50,000 to 1 lakh, or both |
| 109 | Importer fails to give information when ordered by the Customs Commissioner | Fine up to Taka 5,000 |
The penalties come from the English text of the Act in the 2010 Gazette. The Trademarks (Amendment) Act, 2015 did not change Chapter X, so these are the figures of the Act as published in 2010. Check the DPDT website for any later change before quoting them in a complaint.
What counts as falsifying or falsely applying a mark
- Falsifying (section 72(1)): making the mark or a deceptively similar mark without the proprietor's assent, or altering a genuine mark by addition, effacement or otherwise.
- Falsely applying (section 72(2)): applying the mark or a deceptively similar mark to goods, services or packaging, or using a package that carries the proprietor's mark to pack other goods, without assent.
- Burden of proof: in a prosecution the accused must prove the proprietor's assent (section 72(4)).
Courts may order forfeiture of goods and things used in the offence (section 79). A person employed only to apply marks for others may be discharged if they took reasonable precautions, had no reason to suspect the mark and gave the information asked for (section 80).
Using "registered" or ® without a registration
Section 76 applies to anyone who says that a mark is registered when it is not, or that it is registered for goods it does not cover. The word "registered", or any expression that refers to registration, is taken to mean registration on the Bangladesh Register, with two exceptions: where it is clearly tied to registration in another named country in a country where it is in force, or where it is used for goods made for export to a country in which the mark is registered (section 76(2)).
- Do not print ® next to a mark that is only applied for. Use TM or write "trademark application filed".
- Do not extend the claim to goods or classes your certificate does not list.
- Check packaging and websites that carry the claim for goods sold in Bangladesh.
Who prosecutes, and how
| Point | Rule |
|---|---|
| Complaints under sections 76, 77 and 78 | The court takes cognizance only on a written complaint by the Registrar or an authorised officer (section 83(1)) |
| Courts | No court below a Metropolitan Magistrate or Magistrate of the first class may try an offence under the Act (section 83(2)) |
| Company offences | The company and every person in charge are deemed guilty, unless they prove the offence happened without their knowledge or that they used due diligence; directors, managers and officers who consented or neglected are also liable (section 82) |
| Invalidity defence | If the accused says the registration is invalid and the defence appears tenable, the case is adjourned for 3 months for a rectification application to the High Court Division (section 81) |
| Limitation | 3 years from the offence or 2 years from discovery by the prosecutor, whichever ends first (section 86) |
| Abetment | Abetting from within Bangladesh an act abroad that would be an offence here can be tried in Bangladesh (section 88) |
For civil enforcement, see the infringement tests in section 26.
Trademark offences FAQ
Is trademark counterfeiting a crime in Bangladesh?
Yes. The Trademarks Act, 2009 makes falsifying and falsely applying marks and selling goods with false marks criminal offences (sections 72 to 74).
What is the penalty for using ® without registration?
Section 76 provides 6 months to 1 year in prison, or a fine of Taka 50,000 to 1 lakh, or both. Check the current figure on the DPDT website.
Can a company director be liable?
Yes, if the offence was committed with their consent or connivance or through their neglect, or if they were in charge of the business, unless they prove lack of knowledge or due diligence (section 82).
Who can start a prosecution?
For sections 76 to 78 only the Registrar or an authorised officer may complain. For other offences the usual criminal complaint rules apply.
How long do I have to prosecute?
Not after 3 years from the offence or 2 years from discovery, whichever ends first (section 86).
Need to act against counterfeits?
SUPREMEiP® handles trademark enforcement in Bangladesh, civil and criminal. Send us the mark, the goods and the seller.
