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Section 81 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 81. Penalty for falsely representing a trade marks as registered

(1) No person shall make any representation-

(a) With respect to a mark not being a registered trade mark, to the effect that it is a registered trade mark; or

(b) With respect to a part of a registered trade mark not being a part separately registered as a trade mark, to the effect that it is separately registered as a trade mark; or

(c) To the effect that a registered trade mark is registered in respect of any goods in respect of which it is not in fact registered; or

(d) To the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the register, the registration does not in fact give that right.

(2) If any person contravenes any of the provisions of sub- section (1), he shall be punishable with imprisonment for a term, which may extend to six months, or with fine, which may extend to five hundred rupees, or with both.

(3) For the purposes of this section, the use in India in relation to a trade mark of the word “registered” or of any other expression whether expressly or implicitly to registration, shall be deemed to import a reference to registration in the register, except-

(a) Where that word or other expression is used in direct association with other words delineated in characters at least as large as those in which that word or other expression is delineated and indicating that the reference is to registration as a trade mark under the law of- a Country outside India being a country under the law of which the registration referred to is in fact in force; or

(b) Where that, other expression is of itself such as to indicate that the reference is to such registration as is mentioned in Cl. (a): or

(c) where that word is used in relation to a mark registered as a trade mark under the law of a country outside India India in relation soley to goods to be exported to that country.

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The Trade and Merchandise Marks Act,1958

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