Step 1. Legal Consultation & Evidence Collection

Before initiating litigation:

• Assess the nature and extent of infringement or dispute
• Collect evidence (e.g., samples, packaging, advertisements, domain names, invoices)

📁 NEXORA IP helps clients prepare legally sound evidence to support claims or defenses.

Step 2. Sending a Legal Notice (Optional but Recommended)

Issue a cease-and-desist/legal notice to the infringing party:

• Demands immediate cessation of infringing activities
• Can initiate a negotiation or warning before filing suit

🟠If unresolved, litigation is pursued through court.

Step 3. Filing a Suit in District Court

File a civil suit for trademark infringement and/or passing off in the District Court where:

• The cause of action arose, or
• The defendant resides or carries on business

📄 The suit may seek:

• Injunctions (interim or permanent)
• Damages or compensation
• Seizure of counterfeit goods
• Declaration of ownership

💡Criminal prosecution may also be initiated under certain sections of the Trademarks Act and Penal Code.

Step 4. Interim Relief (Temporary Injunctions)

The plaintiff can apply for:

• Temporary injunctions to stop further use of the mark during the trial
• Anton Piller Orders for search, seizure, and preservation of infringing materials

🕒 These motions are usually heard promptly after filing the suit.

Step 5. Written Statement by Defendant

The defendant files a written statement in response to the allegations, along with counterclaims if any.

➡️ The defendant may argue non-infringement, fair use, invalidity of the plaintiff’s trademark, or prior use.

Step 6. Evidence Stage

Both parties submit:

• Documentary evidence
• Affidavits
• Expert witness testimony (if required)

📌 NEXORA IP ensures strategic presentation of technical, market, and legal evidence.

Step 7. Final Hearing & Judgment

After reviewing evidence and arguments, the court delivers a judgment which may:

• Grant permanent injunction
• Award monetary damages
• Order destruction of counterfeit goods
• Dismiss the case or allow appeal

Step 8. Appeal

Either party may appeal to the High Court Division of the Supreme Court of Bangladesh within the legally allowed time frame (typically 30–60 days).

🚨 Criminal Trademark Enforcement (If Applicable)

In serious counterfeiting cases, criminal complaints can also be filed under:

• The Trademarks Act, 2009
• The Penal Code, 1860
• Customs and Import/Export laws

Police raids, seizure of goods, and imprisonment/fines may be sought through court orders.

🛡️ NEXORA IP’s Trademark Litigation Services Include:

• Pre-litigation advisory and legal notices
• Civil and criminal litigation in courts
• Trademark enforcement and raids
• Representation in injunctions, hearings, and appeals
• Evidence gathering and expert witness support
• Settlement and mediation strategies

📩Facing Trademark Infringement or Legal Disputes?

Contact NEXORA IP for effective, strategic litigation support in Bangladesh.

📧 Email: info@nexoraipbd.com | 📞 Phone: +8801874982326

🌐 Website: www.nexoraipbd.com