Trade Marks Act, 1999

Penalty for removing piece goods, etc., contrary to section 81

Enhanced 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

Penalty for selling goods or providing services to which false trade mark or false trade description is applied Any person who sells, lets for hire or exposes for sale, or hires or has in his possession for sale, goods or things, or provides or hires services, to which any false trade mark or false trade

Penalty for applying false trade marks, trade descriptions, etc Any person who— (a)   falsifies any trade mark; or (b)   falsely applies to goods or services any trade mark; or (c)   makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or

Falsifying and falsely applying trade marks (1) Aperson 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)

Meaning of applying trade marks and trade descriptions (1) A person shall be deemed to apply a trade mark or mark or trade description to goods or services who— (a)   applies it to the goods themselves or uses it in relation to services; or (b)   applies it to any package in or with

Appearance of Registrar in legal proceedings (1) The Registrar shall have the right to appear and be heard— (a)   in any legal proceedings before the [High Court] in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Trade Marks Registry is raised; (b)

Procedure for application for rectification, etc., before [High Court] (1) An application for rectification of the register made to the [High Court] under section 57 shall be in such form as may be prescribed. (2) A certified copy of every order or judgment of the [High Court] relating to a registered trade mark under this Act shall be communicated

Bar to appear before Registrar On ceasing to hold the office, the erstwhile Chairperson, Vice-Chairperson or other Members, shall not appear before the Registrar

[Omitted by the Trade Marks (Amendment) Act, 2010, w.e.f. 8-7-2013].