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Section 117 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 117. Power to require goods to show indication of origin

(1) The Central Government may, by notification in the Official Gazette, require that goods of any class specified in the notification which are made or produced beyond the limits of India, and imported into India, or which are made or produced within the limits of India, shall from such date as may be appointed by the notification not being less than three months from its issue, have applied to them an indication of the country or place in which they were made or produced, or of the name and address of the Manufacturer or the person for whom the goods were manufactured.

(2) The notification may specify the manner in which such indication shall be applied, that is to say, whether to the goods themselves or in any other manner, and the times or occasions on which the presence of the indication shall be necessary, that is to say, whether on importation only or also at the time of sale, whether by wholesale or retail or both.

(3) No notification under this section shall be issued, unless application is made for its issue by persons or associations substantially representing the interest of dealers in, or manufacturers, producers, or users of, the goods concerned, or unless the Central Government is otherwise convinced that it is necessary in the public interest to issue the notification, with or without such inquiry as the Central Government may consider necessary.

(4) The provisions of Sec. 23 of the General Clauses Act,1897 (10 of 1897), shall apply to the issue of a notification under this section as they apply to the making of a rule or bye- law the making of which is subject to the condition of previous publication.

(5) A notification under this section shall not apply to goods made or produced beyond the limits of India and imported into India, if in respect of those goods, the 1[Commissioner of Customs] is satisfied at the time of importation that they are intended for exportation whether after transshipment in or transit through India or other-wise.

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1. Subs. by the Finance Act,1995 (22 of 1995), Sec. 88, for the words “Chief Customs Officers” .

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The Trade and Merchandise Marks Act,1958

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