Lawgist105Enhanced penalty on second or subsequent conviction
Whoever having already been convicted of an offence under section 103 or section 104 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for adequate and special reason to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees:
Provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of this Act.
Download our fully-offline, High speed android app.- Click here
- 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
