Trademark Offences

Under the trademark law of India, following acts constitute an offence : -

• To applies false trademark in relation to a good or services.

Applying false trademark under the Trademark Act, has the following meaning under the law : -

• A person shall be deemed to falsify a trade mark who, either, -
• Without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark; or
• Falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise.
• A person shall be deemed to falsely apply to goods or services a trademark who, without the assent of the proprietor of the trademark, -
• Applies such trade mark or a deceptively similar mark to goods or services or any package containing goods;
• Uses any package bearing a mark which is identical with 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.

The offence is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:

• To sell good or provide services to which false trademark or false trade description are applied and the same is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.

• Whoever having already been convicted of the aforesaid offence 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 extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

• To make representation of an unregistered mark or part of it as registered mark, for which punishment is imprisonment for a term which may extend to three years or with fine or with both.

• To describe a place of business or office as being officially connected with, the Trade Marks Office, and is subject to punishment with imprisonment for a term which may extend to two years, or with fine, or with both.