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Offences And Penalties Relating To Trade Marks

Criminal offences relating to trade marks are given in section 101 - 121 of the Trade Marks Act 1999. The following offences are punishable under the Act:

  1. Falsifying a trademark: A person is said to falsify a trademark if he makes a trademark without the assent of the proprietor.
  2. Falsely apply a trademark: When a person applies to goods a trademark belonging to another person without the assent of the proprietor of that mark, he is said to falsely apply the trademark.
  3. Making or possessing instruments for falsifying trade marks: A person who possesses, disposes of, instrument like die, block, machine for falsifying a trade mark is said to commit an offence. In such a case he is punishable with imprisonment and fine.
  4. Applying false trade description: Trade description includes description of the number, quantity, quality, name and address of manufacturer etc. Any person who applies any false trade description to goods or services is regarded as an offence and is punishable with imprisonment and fine.
  5. Applying false indication of country of origin: When a person applies a false description of the country, place, name or address to goods, he is punishable with imprisonment and fine.
  6. Tampering with an indication of origin already applied to goods: If a person tampers or alters an indication of origin, which has already been applied to goods, he is punishable with imprisonment and fine.
  7. Selling goods falsely marked: If a person sells or possesses for sale goods applied with false trade description, is punishable with imprisonment and fine.
  8. Removing piece goods: If a person removes piece goods etc, the government will forfeit all such goods and the person will be punishable with fine.
  9. Falsely representing a trade mark as registered: The use of the word 'R' or 'registered' inscribed in a circle shows that a particular trade mark is registered. False representation of a trademark as registered is an offence punishable with imprisonment and fine.
  10. Falsely describing a place of business as connected with the trade marks office: If a person uses words which would make a belief that his place of business is connected with the trade mark office, he is punishable with imprisonment, fine, or both.
  11. Falsification of entries in the register: When a person makes a false entry in the register, it is termed as an offence and is punishable with imprisonment, fine, or both

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