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Trade Marks Act, 1999

107. Penalty for falsely representing a trade mark as registered . -

(1) No person shall make any representation

(a) with respect to mark, not being a registered trade mark, to the effect that it is a registered trade mark, or

(b) with respect to a part of registered trade mark, not being a part separately registered as a trade mark, to the effect that it is separately registered as a trade mark, or

(c) to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not in fact registered, or

(d) to the effect that registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitation entered on the register, the registration does not in fact give that right.

(2) If any person contravenes any of the provisions of sub-section (1) he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

(3) For the purpose of this section, the use in India in relation to a trade mark of the word "registered" or of any other expression, symbol or sign referring whether expressly or impliedly or registration , shall be deemed to import a reference to registration in the register, except-

(a) where that word or other expression, symbol or sign in sued in direct association with other words delineated in characters at least as those in which that word or the expression, symbol or sign is delineated and indicating that the references is to registration as a trade mark under the law of a country outside India being a country under the law of which the registration referred to is in fact in force, or

(b) where that other expression, symbol or sign is of itself such as to indicate that the reference is to such registration as in mentioned in clause (a), or

(c) where that word is used in relation to a mark registered as a trade mark under the law of a country outside India and in relation to services for use in that country.



Trade Marks Act, 1999 Back




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