THE TRADE MARKS ACT, 1999
[As amended by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]
CHAPTER 12 – OFFENCES, PENALTIES AND PROCEDURE
101. MEANING OF APPLYING TRADEMARKS AND TRADE DESCRIPTIONS.
(2) A trade mark or mark or trade description shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing.
102. FALSIFYING AND FALSELY APPLYING TRADE MARKS.
103. PENALTY FOR APPLYING FALSE TRADE MARKS, TRADE DESCRIPTIONS ETC.
104. PENALTY FOR SELLING GOODS OR PROVIDING SERVICES TO WHICH FALSE TRADE MARK OR FALSE TRADE DESCRIPTION IS APPLIED.
105. ENHANCED PENALTY ON SECOND OR SUBSEQUENT CONVICTION.
106. PENALTY FOR REMOVING PIECE GOODS, ETC., CONTRARY TO SECTION 81.
107. PENALTY FOR FALSELY REPRESENTING A TRADE MARK AS REGISTERED.
108. PENALTY FOR IMPROPERLY DESCRIBING A PLACE OF BUSINESS AS CONNECTED WITH THE TRADE MARKS OFFICE.
If any person uses on his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with, the Trade Marks Office, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
109. PENALTY FOR FALSIFICATION OF ENTRIES IN THE REGISTER.
110. NO OFFENCE IN CERTAIN CASES.
111. FORFEITURE OF GOODS.
112. EXEMPTION OF CERTAIN PERSONS EMPLOYED IN ORDINARY COURSE OF BUSINESS.
113. PROCEDURE WHERE INVALIDITY OF REGISTRATION IS PLEADED BY THE ACCUSED.
114. OFFENCES BY COMPANIES.
115. COGNIZANCE OF CERTAIN OFFENCES AND THE POWERS OF POLICE OFFICER FOR SEARCH AND SEIZURE.
116. EVIDENCE OF ORIGIN OF GOODS IMPORTED BY SEA.
117. COSTS OF DEFENCE OR PROSECUTION.
In any prosecution under this Act, the court may order such costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court deems reasonable having regard to all the circumstances of the case and the conduct of the parties and the costs so awarded shall be recoverable as if they were a fine.
118. LIMITATION OF PROSECUTION.
No prosecution for an offence under this Act or under clause (b) of section 112 of the Customs Act,1962, relating to confiscation of goods under clause (d) of section 111 and notified by the Central Government under clause (n) of sub-section(2) of section 11 of the said Act for the protection of trade marks, relating to import of goods shall be commenced after expiration of three years next after the commission of the offence charged, or two years after the discovery thereof by the prosecutor, whichever expiration first happens.
119. INFORMATION AS TO COMMISSION OF OFFENCE.
An officer of the Government whose duty it is to take part in the enforcement of the provisions of this Chapter shall not be compelled in any court to say whence he got any information as to the commission of any offence against this Act.
120. PUNISHMENT OF ABETMENT IN INDIA OF ACTS DONE OUT OF INDIA.
121. INSTRUCTIONS OF CENTRAL GOVERNMENT AS TO PERMISSIBLE VARIATION TO BE OBSERVED BY CRIMINAL COURTS.
The Central Government may, by notification in the Official Gazette, issue instructions for the limits of variation, as regards number, quantity, measure, gauge or weight which are to be recognised by criminal courts as permissible in the case of any goods.