Lawgist102Falsifying and falsely applying trade marks
(1) A person shall be deemed to falsify a trade mark who, either,--
(a) without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark; or
(b) falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise.
(2) A person shall be deemed to falsely apply to goods or services a trade mark who, without the assent of the proprietor of the trade mark,--
(a) applies such trade mark or a deceptively similar mark to goods or services or any package containing goods;
(b) uses any package bearing a mark which is identical with or deceptively similar to the trade mark of such proprietor, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the proprietor of the trade mark.
(3) Any trade mark falsified as mentioned in sub-section (1) or falsely applied as mentioned in sub-section (2), is in this Act referred to as a false trade mark.
(4) In any prosecution for falsifying a trade mark or falsely applying a trade mark to goods or services, the burden of proving the assent of the proprietor shall lie on the accused.
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- 101 Meaning of applying trade marks and trade descriptions
- 102 Falsifying and falsely applying trade marks
- 103 Penalty for applying false trade marks, trade descriptions, etc
- 104 Penalty for selling goods or providing services to which false trade mark or false trade description is applied
- 105 Enhanced penalty on second or subsequent conviction
- 106 Penalty for removing piece goods, etc., contrary to section 81
- 107 Penalty for falsely representing a trade mark as registered
- 108 Penalty for improperly describing a place of business as connected with the Trade Marks Office
- 109 Penalty for falsification of entries in the register
- 110 No offence in certain cases
- 111 Forfeiture of goods
- 112 Exemption of certain persons employed in ordinary course of business
- 113 Procedure where invalidity of registration is pleaded by the accused
- 114 Offences by companies
- 115 Cognizance of certain offences and the powers of police officer for search and seizure
- 116 Evidence of origin of goods imported by sea
- 117 Costs of defence or prosecution
- 118 Limitation of prosecution
- 119 Information as to commission of offence
- 120 Punishment of abetment in India of acts done out of India
- 121 Instructions of Central Government as to permissible variation to be observed by criminal courts
