Discuss the provision which is related to penalty for applying false trade mark under Trade Marks Act, 1999.

CS Executive · Economic and Commercial Laws · PYQS · June 2018
Discuss the provision which is related to penalty for applying false trade mark under Trade Marks Act, 1999.

Answer & Explanation:

Section 103 of the Trade Marks Act, 1999 deals with the penalty for applying false trade mark, trade description, etc. Accordingly, the penalty for applying false trade mark or false trade description, etc. shall be 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. However, the Court has been empowered, for adequate and special reasons to be mentioned in the judgement, to impose a sentence lower than the normal punishment.

Topics: Intellectual Property Law

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