Someone Copied Your Brand in Bangladesh: Trademark Infringement, Passing Off and How to Enforce Your Rights

You built a name for your products. Then you find another shop selling similar goods under a name that looks almost like yours — on the same road, on Facebook, or on an e-commerce site — and customers start asking whether you have opened a second branch. That is not just unfair competition. In Bangladesh, it is a legal problem with defined remedies.

This guide explains, in plain language, what you can do when someone copies your brand. It covers the difference between trademark infringement and passing off, the evidence you should collect before you act, the remedies a court may grant, and the practical steps business owners can take — whether your trademark is registered or not. Every legal reference is based on the Trademarks Act, 2009, the law that governs trademarks in Bangladesh.

What Counts as Brand Copying in Bangladesh?

Not every similarity is a legal violation, but these situations often are, depending on the facts:

• Using an identical or confusingly similar brand name, logo or label on the same or related goods.
• Copying packaging, colour combinations, trade dress or product get-up so that customers can no longer tell the goods apart. Bangladeshi courts have recognised that trade dress — the look, layout and packing of goods — can itself support a passing-off claim.
• Using a similar trade name, shop sign or company name that makes people believe your businesses are connected.
• Selling goods online under your brand name without authorization — marketplace listings, Facebook shops or pages that imitate your identity.

One important point: similarity alone does not automatically prove a violation. You will still need to show, depending on your claim, that the use is likely to confuse customers, or that the other party is misreprese nting their goods as yours and harming your goodwill. The Act defines a “deceptively similar mark” as one that is likely to deceive or cause confusion and nearly resembles another mark (section 2(20), Trademarks Act, 2009).

Trademark Infringement vs Passing Off

These are two different legal claims, and the difference matters from the very first day you decide to act.

Section 24(1) of the Act is explicit: no person may institute proceedings to prevent, or recover damages for, the infringement of an unregistered trademark. But section 24(2) immediately preserves your right of action for passing off, for registered and unregistered marks alike. In practice, if your mark is not registered, passing off is your claim — and it is a well-established remedy in Bangladeshi law, not a desperate option.

Can You Take Action if Your Trademark Is Not Registered?

Yes — through a passing-off action. But you should understand what changes.

Without registration, you cannot sue for infringement of that mark. What you can do is bring a passing-off suit, which protects the goodwill of your business against someone misrepresenting their goods or services as yours. To succeed, you generally need to establish three things:

1. Goodwill — that your business has a reputation built through actual trading, advertising and customer recognition.
2. Misrepresentation — that the other party’s use of a similar name, logo or trade dress is likely to make customers believe their business is connected with yours.
3. Damage — that this has caused, or is likely to cause, harm to your goodwill or sales.

The strength of a passing-off case depends almost entirely on your evidence of prior use and reputation: dated invoices, advertisements, packaging, shop photographs, customer records and media coverage. This is precisely why record-keeping matters years before any dispute. Registration makes all of this easier, and it opens the infringement claim as well — which is why registration remains the priority for any brand that matters commercially. Our separate guide explains how to register a trademark in Bangladesh step by step.

What to Do When Someone Copies Your Brand

Follow these steps in order. Skipping straight to confrontation is the most common mistake.

• Preserve the evidence first. Take dated screenshots of the other party’s listings, pages, advertisements, shop signs and packaging, with the URL and date visible. Keep the page files, not only screenshots. If they are selling online, buy a sample and keep the packaging, invoice and delivery record. Do this before you contact anyone — once alerted, an infringer can delete pages, change names or stop shipping to your address.
• Gather your own records. Collect your trademark registration certificate if you have one, plus proof of first and continuous use: trade licence, earliest invoices, product packaging over the years, advertisements, signage photographs, press coverage and website or social-media history.
• Document the confusion and harm. Save customer messages asking whether the other business is yours, complaints about products you never sold, returned goods, and any lost orders you can evidence. Confusion is a central element of both infringement and passing off — real examples are persuasive.
• Identify the other party precisely. Record the exact name on the shop sign, the trade licence, the company registration, the seller profile and the delivery address. A claim needs a correctly named defendant, and this is often the step small businesses find hardest.
• Get a legal assessment. An IP or commercial lawyer can tell you whether your facts support infringement, passing off or both, what court has jurisdiction, and how strong your evidence is. If you need experienced help, our firm provides company lawyer in Bangladesh services for exactly these disputes.
• Consider a legal notice or a platform complaint. A lawyer-drafted notice demands that the other party stop and often produces a quick result. For online sellers, most marketplaces and social platforms have separate intellectual-property reporting tools that can remove listings without any court proceeding — but platform action is not a court order, and it does not replace legal remedies if the copying continues.
• Assess court proceedings. If the copying continues, the next step is a civil suit in a court not inferior to a District Court, with an application for an interim injunction to stop the use while the case is decided. Your lawyer may also advise criminal complaints for counterfeiting, discussed below.
• Keep a dated file of everything. Every letter, receipt, screenshot and order should carry a date. Courts look at timelines — and your damages claim can depend on when the other party was put on notice (explained below).

What Evidence Can Help Support a Claim?

Courts decide these cases on documents, not impressions. The strongest files usually contain:

• Your trademark registration certificate and registry records, if registered.
• Dated examples of your brand use: invoices, bills of lading, packaging, labels, catalogues and advertisements.
• Marketing and social-media records showing continuous use and customer reach.
• Photographs and samples of the other party’s goods, packaging, signage and online listings.
• Proof of purchase from the other party (test buys with invoices and delivery records).
• Customer communications showing confusion — calls, messages, reviews and complaints.
• Records of any earlier correspondence or notices between you and the other party.

Evidence must be authentic, relevant and placed in context. A single screenshot with no date proves little; a documented series of dated captures, backed by invoices and witness accounts, builds a case. Digital evidence should be preserved in its original form — do not edit screenshots, and keep the original files and links.

What Legal Remedies May Be Available?

Section 97(1) of the Trademarks Act, 2009 lists the relief a court may grant in a suit for infringement or passing off. Subject to the facts and the court’s decision, these include:

• An injunction — a court order restraining further use of the mark. This can be interim (during the case) or permanent (after judgment) and is often the most urgent remedy, because it stops the ongoing harm.
• Damages or an account of profits — at the plaintiff’s option. You claim either compensation for your loss, or the profit the other party made from the infringement. Not both.
• Delivery-up and destruction — an order requiring infringing labels, marks or packaging to be handed over for destruction or erasure.
• Costs of the proceeding, as the court allows.

Two important limits. First, if the defendant proves they began using the mark without knowledge and no reasonable ground to believe your mark was registered, and stopped as soon as they learned of your right, the court shall not grant damages or an account of profits against them (section 97). Injunction and delivery-up can still be granted. This is the “innocent infringer” rule — and it is the strongest legal reason to send a formal notice early and in writing. Second, civil limitation for these suits is generally three years from the cause of action, so delay carries real risk.

Criminal remedies also exist for deliberate counterfeiting. Falsifying a trademark or applying false trade descriptions is punishable with imprisonment of six months to two years and a fine of Tk 50,000 to Tk 2,00,000, with heavier penalties for repeat offences (section 73); selling goods bearing a false trademark is separately penalised (section 74). Criminal routes are typically relevant to large-scale counterfeiting, and should be evaluated by a lawyer.

Common Mistakes Brand Owners Should Avoid

• Deleting or editing evidence before preserving it. Screenshots without dates, or products thrown away after the argument, weaken claims you cannot rebuild.
• Public accusations on social media before taking legal advice. Defamatory posts can expose you to a counter-claim and tip off the other party.
• Relying only on a legal notice. A notice is a demand, not a judgment. It does not prove infringement, and the other party is not legally forced to comply. If they ignore it, only a court can compel them.
• Assuming the registration certificate ends the dispute. Registration proves your right; it does not automatically prove the other party’s use, the confusion, or your loss — those still need evidence.
• Waiting months after discovering the copying. Delay weakens urgency arguments for interim relief, and helps a defendant argue they were an innocent user who stopped once notified.
• Filing in the wrong forum. Trademark infringement and passing-off suits must be filed in a court not inferior to a District Court (section 96) — a filing in a lower civil court will not lie. For a wider view of errors businesses commonly make, see our overview of top legal mistakes in Bangladesh.

How Businesses Can Reduce Future Brand-Copying Risks

You cannot stop every copyist, but you can make enforcement much easier:

• Register your trademark early — it is far cheaper than litigation, and it opens the infringement claim. Our step-by-step trademark registration guide covers the process.
• Keep dated proof of use from day one: first invoice, first advertisement, first packaging run.
• Use consistent branding across packaging, signage, website and social media, so customers associate the brand with you — goodwill is what passing off protects.
• Use written contracts with distributors, resellers and manufacturers, defining exactly how your brand may and may not be used. Our guide on drafting business contracts explains the basics.
• Watch the market and marketplaces periodically; early detection keeps small problems small. A clear legal structure from the start also helps — see how to legally protect your business name for the wider picture.

Frequently Asked Questions

Can I take legal action if my trademark is not registered in Bangladesh?

Yes, through a passing-off action under section 24(2) of the Trademarks Act, 2009. You must prove goodwill, misrepresentation and damage. You cannot, however, sue for infringement of an unregistered mark (section 24(1)).

Which court handles trademark infringement and passing-off cases?

Neither claim may be filed in a court inferior to a District Court. Section 96 of the Act sets this minimum jurisdiction for both infringement and passing-off suits arising from identical or deceptively similar marks.

Does sending a legal notice force the other party to stop?

No. A notice is a formal demand and it starts the paper trail — which matters, because it defeats the “innocent infringer” defence on damages under section 97. But only a court can compel compliance if the other party refuses.

What remedies can a court order?

Under section 97(1): an injunction, and at your option either damages or an account of profits, with or without delivery-up of infringing labels and marks for destruction or erasure.

Can I claim both damages and the infringer’s profits?

No. Section 97(1) gives the plaintiff the option of either damages or an account of profits, not both.

Someone is selling fake products of my brand on Facebook. What can I do?

Preserve dated evidence first, then use the platform’s intellectual-property reporting tool to remove the listings, and consult a lawyer about a legal notice or court action if the selling continues. Platform reporting and legal proceedings are separate routes — one does not replace the other.

How long do I have to file?

Civil suits for infringement and passing off are generally subject to a three-year limitation period from the date the cause of action arises. Act early, and in any event get advice on your specific timeline.

Is counterfeiting a criminal offence?

Yes. Falsifying trademarks or applying false trade descriptions is punishable under section 73 of the Trademarks Act, 2009, and selling goods with a false mark is penalised under section 74, with imprisonment and fines that increase for repeat offences.

Conclusion

If someone has copied your brand in Bangladesh, the sequence matters: preserve evidence first, identify the other party precisely, document the confusion and harm, then take legal advice before you make contact. Registered marks support an infringement claim in a court not inferior to a District Court; unregistered marks are protected through passing off, on the strength of your goodwill and proof. Both routes offer injunctions, damages or an account of profits, and destruction of infringing materials — but each depends on your facts and your documents. The businesses that win these disputes are the ones that kept dated records and acted early.

This article is general legal information based on the Trademarks Act, 2009, current as at the date of publication. It is not legal advice for your specific situation. Please consult a qualified lawyer in Bangladesh before acting on any of the matters discussed.

Nashir Ahmed Kushol

Nashir Ahmed Kushol is a corporate lawyer in Dhaka and Head of Chamber at Legal Advice BD. With over 10 years of experience in corporate and civil law, he specializes in company registration, corporate compliance, FDI assistance, tax advisory, and startup legal support.

He holds an LL.B (Hons) and Diploma in Law from the University of London, and a Post Graduate Diploma in Customs, VAT, and Income Tax from AIUB. He is currently pursuing the Bar Transfer Test to qualify as a Barrister in England and Wales.

Since founding Legal Advice BD in 2018, he has served 100+ corporate clients, completed 150+ company formations, filed 300+ RJSC returns, and advised on a USD 2 Billion LIBOR to SOFR transition project. He recovered over BDT 15 Million for clients in 2023 through litigation and ADR.

He is a proud member of the Dhaka Bar Association (Member #28086) and Dhaka Taxes Bar Association (Member #N00908), ensuring his practices align with the latest legal standards in Bangladesh.