Jan 12, 2018
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False application for Registration of Trade marks and its penalties

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 False application for Registration of Trade marks and its penalties

Falsifying and falsely applying trade marks (section 102)

(1) A person deemed to falsify a trade mark who, either,-

  1. without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark, or
  2. falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise.

(2) A person deemed to falsely apply to goods or services a trade mark who, without the assent of the proprietor of the trade mark,-

  1. applies such trade mark or a deceptively similar mark to goods or services or any package containing goods.
  2. also uses any package bearing a mark with identical 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) In any prosecution, the burden of proving that proprietor assented, lies on accused.

Penalty for applying false trade marks, trade descriptions, etc. (section 103)

Any person who –

  1. falsifies any trade mark, or
  2. falsely applies any trade mark  for goods or services , or
  3. makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or used for falsifying, a trade mark, or.
  4. applies any false trade description to goods or services, or
  5. applies to any goods which requires information about country, place where goods produced, name and also address, a false indication of such country, place, name or address, or
  6. tampers with, alters or effaces an mark of origin applied to any goods to which it is required to be applied under section to be done.

Shall punishable with imprisonment for a term not less than six months but which may also extend to three years. The fine not less than fifty thousand rupees but which may also extend to two lakh rupees. Except the intent and motive of accused person was no to defraud.

Provided that the court may mention reason. If the judgment, imposes a sentence of imprisonment for a term of less than six months or also fine of less than fifty thousand rupees.

Penalty for selling goods or providing services to which false trade mark or false trade description is applied (section 104)

Any person who:

  1. sells, lets for hire or
  2. exposes for sale, or
  3. hires or
  4. has his possession for sale, goods or things,or
  5. provides or hires services,

to which any false trade mark or false trade description is applied. Which requires indication of country, place where goods produced, name or also address. He does not produce such indications, shall, unless he proves-

  1. that, having taken, all reasonable precautions against committing an offence against this section,  or
  2. that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things or services, or

be punishable with imprisonment for a term not less than six months but which may also extend to three years and with fine not less than fifty thousand rupees but which may also extend to two lakh rupees.

Provided that the court may mention reason. If the judgment, imposes a sentence of imprisonment for a term of less than six months or also fine of less than fifty thousand rupees.

Enhanced penalty on second or subsequent conviction (section 105)

Any person who has already convicted under section 103 or 104, again convicted of same offence. He shall punishable for the second and for every subsequent offence, with imprisonment for a term not be less than one year but which may also extend to three years and with fine not be less than one lakh rupees but which may also extend to two lakh rupees.

Provided that the court may mention reason. If the judgment, 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 no cognizance shall taken of any conviction made before the commencement of this Act.

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