LawgistThe Trade Marks Act
110No offence in certain cases
The provisions of sections 102, 103, 104 and 105 shall, in relation to a registered trade mark or proprietor of such mark, be subject to the rights created or recognised by this Act and no act or omission shall be deemed to be an offence under the aforesaid sections if,--
(a) the alleged offence relates to a registered trade mark and the act or omission is permitted under this Act; and
(b) the alleged offence relates to a registered or an unregistered trade mark and the act or omission is permitted under any other law for the time being in force.
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OFFENCES, PENALTIES AND PROCEDURE
- 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
