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Start Free TrialTrade Marks Act, 1999 (47 of 1999) Section 104
Title: Penalty for Selling Goods or Providing Services to Which False Trade Mark or False Trade Description is Applied
State: Central
Year: 1999
.....section 139 to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer, or person for whom the goods are manufactured or services provided, as the case may be, are without the indications so required, shall, unless he proves,-- (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the trade mark or trade description or that any offence had been committed in respect of the goods or services; or (b) that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things or services; or (c) that otherwise he had acted innocently, be 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: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 79
Title: Penalty for Selling Goods to Which a False Trade Mark or False Trade Description is Applied
State: Central
Year: 1958
.....section 117 to have applied to them an indication of the country or place in which they were made or produced or me name and address of the manufacturer or the person for whom the goods are manufactured, are without the indication so required, shall, unless he proves,-- (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the trade mark or trade description or that any offence had been committed in respect of the goods; and (b) that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things; or (c) that otherwise he had acted innocently, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both: Provided that when the offence against this section is in relation to goods or any package containing goods which are drugs as defined in clause (b) of section 3 of the Drugs and Cosmetics Act, 1940 (23 of 1940) or "food" as defined in clause (v) of section 2 of the.....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 103
Title: Penalty for Applying False Trade Marks, Trade Descriptions, Etc.
State: Central
Year: 1999
.....false trade description to goods or services; or (e) applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacturer or person for whom the goods are manufactured is required to be applied under section 139, a false indication of such country, place, name or address; or (f) tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 139; or (g) causes any of the things above-mentioned in this section to be done, shall, unless he proves that he acted, without intent to defraud, be 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: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 78
Title: Penalty for Applying False Trade Marks, Trade Descriptions, Etc
State: Central
Year: 1958
.....to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacturer or person for whom the goods are manufactured is required to be applied under section 117, a false indication of such country, place, name or address; or (f) tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 117; or (g) causes any of the things above mentioned in this section to be done, shall, unless he proves that he acted without intent to defraud, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both: Provided that where the offence under ihis section is in relation to goods or any package containing goods which are drugs within the meaning of clause (b) of section 3 of the Drugs and Cosmetics Act, 1940 (23 of 1940) or "food" as defined in clause (v) of section 2 of the Prevention of Food Adulteration Act, 1954 (37 of 1954) the offender shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1
Title: Trade Marks Act 1999
State: Central
Year: 1958
.....Parliament in the Fiftieth Year of the Republic of India as follows:-- CHAPTER 1. PRELIMINARY 1. Short title, extent and commencement (1) This Act may be called the Trade Marks Act, 1999. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. ______________________ 1. 15th September, 2003 vide S.O. 1048 (E), dated 15-9-2003, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 15th September, 2003. 2. Definitions and interpretation (1) In this Act, unless the context otherwisere quires,-- (a) "Appellate Board" means the Appellate Board established under section 83; (b) "assignment" means an assignment in writing by act of the parties concerned; (c) "associated trade marks" means trade marks deemed to be, or required to be, registered as associated trade marks under this Act; (d) "Bench" means a.....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Complete Act
Title: Trade Marks Act, 1999 (47 of 1999)
State: Central
Year: 1999
.....renewal, removal and restoration of registration Section26 - Effect of removal from register for failure to pay fee for renewal Chapter 4 Section27 - No action for infringement of unregistered mark Section28 - Rights conferred by registration Section29 - Infringement of registered trade marks Section30 - Limits on effect of registered trade mark Section31 - Registration to be prima facie evidence of validity Section32 - Protection of registration on ground of distinctiveness in certain cases Section33 - Effect of acquiescence Section34 - Saving for vested rights Section35 - Saving for use of name, address or description of goods or services Section36 - Saving for words used as name or description of an article or substance or service Chapter 5 Section37 - Power of registered proprietor to assign and give receipts Section38 - Assignability and transmissibility of registered trade marks Section39 - Assignability and transmissibility of unregistered trade marks Section40 - Restriction on assignment or transmission where multiple exclusive rights would be created Section41 - Restriction on assignment or transmission when exclusive rights would be created in.....
List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Complete Act
Title: Trade and Merchandise Marks Act, 1958 [Repealed]
State: Central
Year: 1958
.....- No action for infringement of unregistered trade mark Section28 - Rights conferred by registration Section29 - Infringement of trade marks Section30 - Acts not constituting infringement Section31 - Registration to be prima fade evidence of validity Section32 - Registration to be conclusive as to validity after seven years Section33 - Saving for vested rights Section34 - Saving for use of name, address or description of goods Section35 - Saving for words used as name or description of an article or substance Chapter 5 Section36 - Power of registered proprietor to assign and give receipts Section37 - Assign ability and transmissibility of registered trade marks Section38 - Assignability and transmissibility of unregistered trade marks Section39 - Restrictions on assignment or transmission where multiple exclusive rights would be created Section40 - Restrictions on assignment or transmission when exclusive rights would be created in different parts of India Section41 - Conditions for assignment otherwise than in connection with the goodwill of a business Section42 - Assignability and transmissibility of certification trade marks Section43 - Assignability and.....
List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 101
Title: Meaning of Applying Trade Marks and Trade Descriptions
State: Central
Year: 1999
.....for any purpose of trade or manufacture, or (c) places, encloses or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a trade mark or mark or trade description has been applied; or (d) uses a trade mark 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 are designated or described by that trade mark or mark or trade description; or (e) in relation to the goods or services uses a trade mark or trade description in any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and goods are delivered or services are rendered to a person in pursuance of a request or order made by reference to the trade mark or trade description as so used. (2) A trade mark or mark or trade description shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 76
Title: Meaning of Applying Trade Marks and Trade Descriptions
State: Central
Year: 1958
.....possession for sale or for any purpose of trade or manufacture; or (c) places, encloses, or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a trade mark or mark or trade description has been applied; or (d) uses a trade mark or mark or trade description in any manner reasonably likely to lead to the belief that the goods in connection with which it is used are designated or described by that trade mark or mark or trade description; or (e) in relation to the goods uses a trade mark or trade description in any sign, advertisement, invoice, catalogue, business letter, business paper, price list, or other commercial document, and goods are delivered to a person in pursuance of a request or order made by reference to the trade mark or trade description as so used. (2) A trade mark or mark or trade description shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 140
Title: Power to Require Information of Imported Goods Bearing False Trade Marks
State: Central
Year: 1999
.....of section 29. (2) Where goods, which are prohibited to be imported into India by notification of the Central Government under clause (n) of sub-section (2) of Section 11 of the Customs Act, 1962 (52 of 1962), for the protection of trade marks, and are liable to confiscation on importation under that Act, are imported into India, the Commissioner of Customs if, upon representation made to him, he has reason to believe that the trade mark complained of is used as a false trade mark, may require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods and to furnish information as to the name and address of the person by whom the goods were consigned to India and the name and address of the person to whom the goods were sent in India. (3) The importer or his agent shall, within fourteen days, comply with the requirement as aforesaid, and if he fails to do so, he shall be punishable with fine which may extend to five hundred rupees. (4) Any information obtained from the importer of the goods or his agent under this section may be communicated by the Commissioner of Customs to the registered proprietor or registered user of the.....
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