There are two types of enforcement action available in Bangladesh such as Civil Action and Criminal Action. The Civil action can be taken for restraining the counterfeiter by way of injunction from imitating/counterfeiting of trade mark and passing off goods. Criminal Action can be taken for punishing the counterfeiter for their illegal activities or seizing the counterfeited goods. Your client may take one of the above action or both for restraining the counterfeiter. Please note that before taking any action, your client should send a “cease and desist” notice to the counterfeiter/imitator.
We are pleased to inform you that our firm is able to handle the trademark dispute regarding the counterfeiting and imitation of the third party.
When a cause of action relating to the “Infringement” and “passing off” claim arisen, we generally issue a cease and desist letter to the infringer and if they are not restrained by the “Cease and Desist Letter”, we file a Civil Suit for permanent and mandatory injunction and damages for infringement of registered trademark and/or passing off goods under section 96 and 97 read with section 24, 25 and 26 of the Trade Mark Act, 2009 before the concern District Judge in Bangladesh. If any defamation claim is arisen, a complaint is to be filed before the concern Metropolitan Magistrate / Judicial Magistrate of Bangladesh. Please note that the “Defamation claim” is a criminal nature as per Section 499 and 500 of the Penal Code.
When any suit for infringement and passing off claim is filed in the court and the summon is served to the defendant(s), the defendant(s) submit a Written objection and Written Statement by denying the statements of the plaint/petition.
With regard to the defamation claim, the statement in question needs to be false. If the allegedly defamatory statement is that the plaintiff committed a crime, then it is necessary for the plaintiff to prove with certainty that a crime was not committed.
We often file a complaint under Section 98 of the CrPC for Search and Seize operation before a concern District Magistrate / Executive Magistrate. We can also file a complain under Section 415, 417, 420, 482, 483, 485 and 486 of the Penal Code for infringement action before the Metropolitan Magistrate / Judicial Magistrate.
For more assistant, please contact with us.
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