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Section 103 – The Trade Marks Act, 1999

The Trade Marks Act,1999

 

103. Penalty for applying false trade marks, trade descriptions, etc.—

 

Any person who—

(a) falsifies any trade mark; or

 

(b) falsely applies to goods or services any trade mark; or

 

(c) makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a trade mark; or

 

(d) applies any false trade description to goods or services; or

 

(e) applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacturer or person for whom the goods are manufactured is required to be applied under section 139, a false indication of such country, place, name or address; or

 

(f) tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 139; or

 

(g) causes any of the things above-mentioned in this section to be done,

shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:

 

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.

Comments

 

Any person who (i) falsifies any trade mark; or (ii) falsely applies to goods or services any trade mark; or (iii) makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a trade mark; or (iv) applies any false description to goods or services; or (v) applies to any good to which an indication of the country or place in which they are made or produced or the name and address of the manufacturer or person for whom the goods are manufactured is required to be applied, a false indication of such country, place, name or address; (vi) tempers with, alters or effaces an indication of origin; or (vii) causes any of the things above-mentioned to be done, shall be punishable with imprisonment for six months to three years and with fine of fifty thousand rupees to two lakh rupees.

 

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The Trade Marks Act, 1999

 

Indian Laws – Bare Acts

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