Offences And Penalties

Relating To Trade Marks

Offences
 Falsifying a trademark: A person is said to falsify a
trademark if he makes a trademark without the assent
of the proprietor.
 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.
 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.
 Applying false trade description: Trade description

includes description of the number, quantity, quality,

name and address of manufacturer etc.
 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.
 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.
 Selling goods falsely marked: If a person sells or
possesses for sale goods applied with false trade
description
 Removing piece goods: If a person removes piece

goods etc, the government will forfeit all such goods

and the person will be punishable
 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.
 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.
 Falsification of entries in the register: When a person

makes a false entry in the register, it is termed as an

offence .
Penalty
 Penalty for applying false trade marks, trade
descriptions
* imprisonment – 6 months – 3 years
* fine – Rs.50,000 – 2,00,000
 Penalty for selling goods or providing services to

which false trade mark or false trade description is

applied.
* imprisonment – 6 months – 3 years
* fine – Rs.50,000 – 2,00,000
 Enhanced penalty on second or subsequent
conviction.
*imprisonment – 1 year – 3 years
* fine – Rs.1,00,000 – 2,00,000
. Penalty for removing piece goods
* fine – Rs.1,000
 Penalty for falsely representing a trade mark as
registered.
 Penalty for improperly describing a place of

business as connected with the Trade Marks Office.

 Penalty for falsification of entries in the register.

* imprisonment – more then 2 years

* fine – more then Rs. 1,00,000.