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Home Bare Acts Phrase: property markIndian Penal Code (45 of 1860) Section 481
Title: Using a False Property Mark
State: Central
Year: 1860
Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 486
Title: Selling Goods Marked with a Counterfeit Property Mark
State: Central
Year: 1860
1 [486. Selling goods marked with a counterfeit property mark 2 [Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark] affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless be proves-- (a) that, having taken all reasonable precautions against commuting 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 mark, and (b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things, or (c) that otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.] ________________________ 1. Substituted by Act 4 of 1889, section 3, for the original section 486. 2. Substituted by Act 43 of 1958, section 135 and Schedule, for certain words (w.e.f. 25-11-1959).
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 485
Title: Making or Possession of Any Instrument for Counterfeiting a Property Mark
State: Central
Year: 1860
1 [485. Making or possession of any instrument for counterfeiting a property mark Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both.] ________________________ 1. Substituted by Act 43 of 1958, section 135 and Schedule, for the original section 485 (w.e.f. 25-11-1959).
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 482
Title: Punishment for Using a False Property Mark
State: Central
Year: 1860
Whoever uses1[***] any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.] ________________________ 1. The words "any false trade mark or" omitted by Act 43 of 1958, section 135 and Schedule (w.e.f. 25-11-1959).
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 483
Title: Counterfeiting a Property Mark Used by Another
State: Central
Year: 1860
Whoever counterfeits any1[***] property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. ________________________ 1. The words "trade mark or" omitted by Act 43 of 1958, section 135 and Schedule (w.e.f. 25-11-1959).
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 489
Title: Tampering with Property Mark with Intent to Cause Injury
State: Central
Year: 1860
1 [489. Tampering with property mark with intent to cause injury Whoever removes, destroys, defaces or adds to any properly mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.] ________________________ 1. Substituted by Act 4 of 1889, section 3 for the original section 489.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 18
Title: Of Offences Relating to Documents and to Property Marks
State: Central
Year: 1860
CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND TO1[***] PROPERTY MARKS ________________________ 1 . The words "TRADE OR" omitted by Act 43 of 1958, section 135 and Schedule (w.e.f. 25-11-1959).
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
.....with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person; (f) "Chairman" means the Chairman of the Appellate Board; (g) "collective mark" means a trade mark distinguishing the goods or services of members of an association of persons [not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932)] which is the proprietor of the mark from those of others; (h) "deceptively similar".--A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion; (i) "false trade description" means-- (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or (II) any alteration of a trade description as regards the goods or.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Schedule
Title: The Schedule Amendments
State: Central
Year: 1958
..... (vii) in section 486, for the words" Whoever sells, or exposes, or has in possession for sale or any purpose of trade or manufacture, any goods or things with a counterfeit trade.mark or property mark", the words"Whoever sells, or exposes, or hasin possession for sale, any goodsor things with a counterfeit property mark" shall be substituted. 1877 1 The Specific Relief Act, 1877. In section 54, the Explanation and illustration (w) shall be omitted. 1878 8 The Sea Customs Act, 1878. In section 18, (i) for clause (d), the following clause shall be substituted, namely: "(d) goods having applied there to a false trade mark within the meaning of section 77 of the Trade and Merehandise Marks Act, 1958; (dd) goods having applied thereto a false trade description with in the meaning of clause (f) of sub-sect ion (1) of section 2 of the Trade and MerchandiseMarks Act, 1958. otherwisethan in relation to any of the matters specified in.....
View Complete Act List Judgments citing this sectionThe Trade Marks (Amendment) Act, 2010 No. 40 of 2010[21st September, 2010.] Complete Act
Title: The Trade Marks (Amendment) Act, 2010 No. 40 of 2010[21st September, 2010.]
State: Central
Year: 2010
.....such fee as may be prescribed, to the Registrar, of opposition to the registration.". 4. Amendment of section 23. - In section 23 of the principal Act, in sub-section (1), after the words "register the said trade mark", the words "within eighteen months of the filing of the application" shall be inserted. 5. Insertion of new Chapter IVA. - After Chapter IV of the principal Act, the following Chapter shall be inserted, namely:- CHAPTER IVASPECIAL PROVISIONS RELATING TO PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL REGISTRATION UNDER THE MADRID PROTOCOL 36A. Application of Act in case of international registration under Madrid Protocol. - The provisions of this Chapter shall apply to international applications and international registrations under the Madrid Protocol.36B. Definitions. - In this Chapter, unless the context otherwise requires,-(a) "application", in relation to a Contracting State or a Contracting Organisation, means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that Contracting State or a State which is a member of that Contracting Organisation, as the case may.....
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