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Section 126 – The Trade Marks Act, 1999

The Trade Marks Act,1999

 

126. Implied warranty on sale of marked goods.—

 

Where a mark or a trade mark or trade description has been applied to the goods on sale or in the contract for sale of any goods or in relation to any service, the seller shall be deemed to warrant that the mark is a genuine mark and not falsely applied, or that the trade description is not a false trade description within the meaning of this Act unless the contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of goods or providing of services on contract to and accepted by the buyer.

 

Comments

This section provides that on goods for sale if a trade mark or trade description is given or applied, there is implied warranty that the mark is a genuine mark.

 

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The Trade Marks Act, 1999

 

Indian Laws – Bare Acts

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