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Section 118 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 118. Power to require information in respect of imported goods bearing false trade marks

(1) Where goods, which are prohibited to be imported into India Under Cl. d), Cl. (dd), Cl. (e), Cl.(f), Cl. (h), Cl. (i) Cl. (j) of Sec. 18 of the Sea Customs Act,1878 (8 of 1878), and are liable to detention and confiscation on importation under that Act, are imported into India, the 1[Commissioner of Customs] if, upon representation made to him, he has reason to believe that the trade mark complained of is used as a false trade mark, may require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods and to furnish information as to the name at-id address of the person by whom the goods were consigned to India and the name and address of the person to whom the goods were sent in India.

(2) The importer or his agent shall, within fourteen days, comply with requirement as aforesaid, and if he fails to do so he shall be punishable with fine which may extend to five hundred rupees.

(3) Any information obtained from the importer of the -foods or, its agent under this section may be communicated by the 1[Commissioner of Customs] to the registered proprietor or registered user of the trade mark which is alleged to have been used as a false trade mark.

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1. Subs. by the Finance Act,1995 (22 of 1995), Sec. 55, for the words “Chief Customs Officers” .

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The Trade and Merchandise Marks Act,1958

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