Criminal proceedings to be initiated under the trade mark law (Sections 101 and 102 of the act)

Criminal proceedings to be initiated under the trade mark law (Sections 101 and 102 of the act)

Sections 101 and 102 of the Act prescribe the nature of the offences under this Act. There are certain criminal offences relating to’ trademarks, trade description etc, which are punishable with imprisonment, fine or both. The list of such offences as under-

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(i) Falsifying a trade mark to goods or services.

(ii) Falsely applying a trade mark to goods or services.

(iii) Making or possessing instruments for falsifying trademarks.

(iv) Applying false trade description of goods.

(v) Applying false indication of country of origin.

(vi) Tampering with an indication of origin already applied to goods.

(vii) Causing any of the above acts.

(viii) Selling goods or possessing or exposing for sale of q₀ falsely marked. ^s

(ix) Removing piece goods, cotton yarn and threads from the factory before stamping thereon certain particulars like length weight, counts etc.

(x) Falsely representing a trade mark as registered.

(xi) Improperly describing a place of business as connected with the trade Marks office.

(xii) Falsification of entries in the Register.

The onus of establishing criminal liability of the accused is on the prosecution. But when the accused pleads that he acted innocently or without intent to defraud or sets up another defense, the burden of proof is on him.

A person is said to falsify a trade mark if he makes a trade mark without the assent of the proprietor. In case of falsification of trade mark it is therefore necessary to prove the existence of a genuine trade mark, whether registered or unregistered, belonging to some person.

To constitute falsification it is sufficient if the offender makes a mark deceptively similar to the genuine trade mark, or if he carries out alterations, additions or effacement in the genuine trade mark. A trade mark so falsified is called false trade mark.

Any person who falsifies a trade mark is punishable with imprisonment which may extend from six months to three years, and fine which may vary from fifty thousand to two lakhs.

For every subsequent offence the term of imprisonment will vary from one year to three years and the amount of fine-may vary from one lakhs to three lakhs rupees.