6-Criminal Offenses Under The Trademark Act Of 1999 (Part I)

In many of our previous articles, we have mentioned the various rights that trademark registration will help you form your own brand but, in this article, we will see the different sections of criminal offenses in trademark act,1999.

1) Trademark Section 101- the natural meaning of the applied trademarks and trade descriptions:

When you are deemed to apply a trademark/ device mark or trade description to the goods or services you must sure that the mark

(a) is relevant to the goods themselves or it is used in relevance to the services.

(b) applies to the packaging style of the product with which the goods are being sold or for any purpose of trade and manufacturing.

(c) Places or annexes of the specific goods which are exposed for sale or for any purpose of trade or manufacturing, in or with any package in which a trademark or device mark or trade description has been applied.

(d) uses a trademark or mark or trade description in any manner reasonably likely to lead to the belief that the goods or services in connection with which it is used for designated or other description by that trademark or device mark or any sort of trade description.

(e) In relation to the goods or services generally use a trademark or any sort of trade description in any sign, advertisement, invoice, catalog, business letter, business paper, price list or other commercial documents. Goods are generally delivered, or services are being rendered to a person in pursuance of a request or order made by reference to the trademark or trade description which has been used.

2) Trademark Section 102- Falsifying and Falsely applying for trademarks

(1) A person will be deemed to falsify a trademark if,

(a) they apply the mark without the assent of the trademark which makes that trademark or a deceptively similar mark which is already existing in the market.

(b) falsifies any other genuine trademark of another company, whether they make you applied is simply an alteration, addition, effacement or otherwise.

(2) A person shall be considered to falsely apply a trademark for goods or services, without the assent of the proprietor of the trademark,

(a) applying for such trademark which has a deceptively similar mark to goods or services or any package containing goods.

(b) trying to use similar packaging or outer bearing which is the same mark for the purpose of packing of another product, filling or wrapping any goods, other than the genuine goods of the proprietor of the trademark.

(3) Any trademark falsified as mentioned in sub-section

(a) falsely applied as mentioned in the sub-sections of the Trademark Act 1999.

(b), it is this that is commonly referred to as a false trademark.

(4) Generally, in any prosecution for falsifying a trademark or falsely applying a trademark for goods or services, the burden to prove the assent of the proprietor is a responsibility rested on the accused.

3) Trademark Section 103- Penalty for applying for a false identified trademark, trade descriptions.

Any person who:

(a) Falsifying any trademark that you are trying to register.

(b) Falsely applying to the services for any trademark per-owned by another business.

(c) Making, disposing of, or being in possession of any die, block, machine, plate or other printing instruments which are designed for the purpose of falsely or of being used for falsifying, a particular trademark.

(d) applying for any false trade description to goods or services that you are offering.

(e) apply to any goods which are of an indication of a country or a place in which they are made or have been produced or the name and the address of the manufacturer or person from whom the goods have been manufactured, which requires to be applied under the section 139.

(f) If an existing trademark has been Tampers, altered or effacing an indication of origin which is already applied to any goods to which it is required to be applied under section 139.

(g) Any of the abovementioned section to be done shall be punishable with: Imprisonment for a term which will be over six months minimum and can be extended to nearly three years and with fine which will not be less than Rs.50,000/- and can go up to Rs.2,00,000/-.


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