Intellectual Property Rights - Law and Practice · Trademarks

Trademark Offences, Penalties and Appeals in India

Updated 11 October 2026 · Fact-checked

Under the Trade Marks Act, 1999, falsifying a mark or falsely applying it to goods or services is a criminal offence (sections 102 and 103). The usual punishment is 6 months to 3 years in jail plus a fine of ₹50,000 to ₹2,00,000. Registrar orders are appealed to the High Court within three months.

Understand Offences, Penalties and Appellate Remedies

A trademark can be protected in two ways. A civil suit gets you an injunction and damages. The criminal route punishes the wrongdoer. This topic covers the criminal side, and the remedies that fix or challenge the register itself.

Falsifying and falsely applying (section 102). You falsify a mark if, without the proprietor's assent, you make that mark or a deceptively similar one. You also falsify it by altering, adding to or effacing a genuine mark. You falsely apply a mark if, without assent, you put it on goods, services or a package. You also falsely apply it if you use a package bearing the mark to pack goods that are not the proprietor's genuine goods. A mark falsified or falsely applied is a false trade mark. In a prosecution, the accused must prove the proprietor's assent. The burden is on the accused.

Penalty (section 103). Falsifying a mark, falsely applying it, making or possessing a die, block, machine, plate or other instrument for falsifying, applying a false trade description, giving a false indication of country, place, name or address where section 139 requires one, tampering with or effacing such an indication, or causing any of these, is punishable. The punishment is imprisonment of not less than six months and up to three years, and a fine of not less than ₹50,000 and up to ₹2,00,000. The accused escapes only by proving he acted without intent to defraud. The court may go below the minimum for adequate and special reasons recorded in the judgment.

Rectification (section 57). Any person aggrieved can apply to the High Court or the Registrar. The grounds are contravention of a condition on the register, or an entry that is missing, made without sufficient cause, wrongly remaining, or erroneous. The authority may cancel, vary, make or expunge the entry. It can also act on its own motion after notice and hearing. Where a High Court order rectifies the register, notice goes to the Registrar, who then rectifies the register.

Appeals and linked rules. The Appellate Board has been replaced by the High Court since 4 April 2021. Section 91 lets an aggrieved person appeal a Registrar's order to the High Court within three months of communication. Late appeals are admitted on sufficient cause. Section 125 sends validity questions in an infringement suit to the High Court. Section 113 says what a criminal court does when the accused pleads invalid registration.

Key rules to remember

Penalty under section 103: Imprisonment: 6 months to 3 years; Fine: ₹50,000 to ₹2,00,000; Court may go below the minimum only for adequate and special reasons recorded in the judgment. The accused is not liable if he proves he acted without intent to defraud.
Falsifying a mark (s. 102(1)): Make the mark or a deceptively similar mark without assent, or alter, add to or efface a genuine mark; Burden of proving the proprietor's assent lies on the accused (s. 102(4)).
Falsely applying a mark (s. 102(2)): Apply the mark or a deceptively similar mark to goods, services or a package without assent; or reuse a marked package for other goods; Includes packing non-genuine goods in the proprietor's package.
Appeal to High Court (s. 91): Within 3 months from the date the order is communicated; Delay can be condoned on sufficient cause. The appeal is in prescribed form, verified, with a copy of the order and fees.
Invalidity plea in prosecution (s. 113): Prima facie tenable plea: adjourn 3 months to file a rectification application in the High Court; If the application is filed, the prosecution is stayed until it is disposed of. If not filed, the court proceeds as if the registration were valid.
Appeal against adjudicating officer (s. 112B): To the appellate authority within 60 days of receipt; disposal within 60 days of filing; Non-compliance within 90 days attracts a fine of ₹1,00,000 or imprisonment up to one year, or both, in addition to the penalty.
Section 26 deemed-register rule: A mark removed for non-renewal is deemed on the register for 1 year after removal; Applies to applications for another mark, unless there was no bona fide use in the 2 years before removal or no confusion is likely.

How to solve Offences, Penalties and Appellate Remedies questions

Exam questions are case-based. Work through them in this order: provision, facts, conclusion.

1Identify what the facts show: making a mark, applying it, possessing tools, a false description, or a challenge to the register.
2Name the section: section 102 for what counts as falsifying or false application, section 103 for the punishment.
3Match each fact to the section's limbs. Check for lack of assent and for a deceptively similar mark.
4Apply the burden of proof: the accused must prove assent, and must prove absence of intent to defraud.
5State the penalty range, and note the court's power to go below the minimum for special reasons.
6If the accused says the registration is invalid, apply section 113 and explain the adjournment and stay. Mention section 125 if a civil suit is involved.
7For remedies against orders, state the forum, the time limit and whether delay can be condoned.
8End with a clear conclusion on liability and the next step open to each party.

Quickest way: Forum and time-limit grid

When to use it: Use it when the question asks where to go, or how long you have, after an order or a prosecution.

Registrar's order: appeal to High Court, 3 months (s. 91).
Rectification or cancellation: High Court or Registrar (s. 57). If a suit is pending on validity, only the High Court (s. 125).
Criminal case with invalidity plea: 3-month adjournment, then stay (s. 113).
Adjudicating officer's order: appeal to appellate authority, 60 days (s. 112B).
Then write the section number next to each answer.

Common mistakes in Offences, Penalties and Appellate Remedies

Saying the Appellate Board hears appeals from the Registrar.
Older books still name the Intellectual Property Appellate Board.
Fix: Write High Court. The Board was replaced by the High Court from 4 April 2021.
Stating the section 103 fine or jail term wrongly.
Students mix up the minimum and the maximum.
Fix: Remember 6 months to 3 years, and ₹50,000 to ₹2,00,000, with the proviso for special reasons.
Putting the burden of proving assent on the proprietor.
In most criminal cases the prosecution proves everything.
Fix: Section 102(4) puts the burden of proving assent on the accused.
Treating sections 102 and 103 as the same thing.
They are read together and both use 'falsify'.
Fix: Section 102 defines the acts. Section 103 prescribes the offence and punishment.
Saying the criminal court decides whether registration is invalid.
Students forget the special procedure.
Fix: Under section 113 the court adjourns for three months so the accused can apply to the High Court for rectification. The case is stayed if he does.
Ignoring condonation of delay in appeals.
The three-month limit looks absolute.
Fix: Section 91 proviso allows a late appeal on sufficient cause.

Worked examples

Example 1

Ravi Textiles in Surat stitches labels bearing a deceptively similar copy of the registered mark 'SUNRISE' of Sunrise Garments without its consent, and attaches them to shirts. Sunrise Garments files a complaint. Ravi claims he lacked intent to defraud. Advise on liability and punishment.

Show the solution

Provision: under section 102(1)(a), making a deceptively similar mark without assent is falsifying. Under section 102(2)(a), applying it to goods without assent is falsely applying.
Facts: Ravi made and attached a deceptively similar label with no consent. Both limbs apply and the label is a false trade mark.
Burden: under section 102(4), Ravi must prove Sunrise's assent. He claims none.
Intent: under section 103 he escapes only if he proves he acted without intent to defraud. The burden is on him, and a bare claim is not enough.
Punishment: imprisonment of 6 months to 3 years and a fine of ₹50,000 to ₹2,00,000. The court may go lower only for adequate and special reasons recorded in the judgment.

Answer: Ravi is liable under sections 102 and 103 unless he proves absence of intent to defraud. The punishment is 6 months to 3 years and a fine of ₹50,000 to ₹2,00,000, subject to the court's power to reduce it for special reasons.

Example 2

In a prosecution under section 103, the accused, Meena, says the complainant's registration is invalid. The court finds her plea prima facie tenable. What procedure follows?

Show the solution

Provision: section 113(1) governs a plea of invalid registration in a section 103 prosecution.
Adjournment: if the court finds the defence prima facie tenable, it does not proceed with the charge. It adjourns for three months from the date the plea is recorded.
Purpose: this lets Meena apply to the High Court for rectification of the register.
If she applies in time, or in further time allowed for sufficient cause, and proves it to the court, the prosecution is stayed until the application is disposed of.
If she does not apply within three months or the extended time, the court proceeds as if the registration were valid.
If a rectification application was already pending before the complaint was filed, section 113(2) requires a stay, and the charge is decided in line with the result.

Answer: The court adjourns for three months so Meena can apply to the High Court. If she does, the prosecution is stayed until disposal. If she does not, the court treats the registration as valid and proceeds.

Exam tips

Learn the section 103 numbers exactly: 6 months to 3 years, ₹50,000 to ₹2,00,000. Examiners test them.
Always cite sections 102 and 103 together in an offence question.
Use the word High Court for appeals and rectification. Mention that it replaced the Appellate Board from 4 April 2021.
In case problems, set out provision, facts and conclusion in separate short paragraphs.
Mention the burden of proof on the accused. It is an easy mark.

Practice questions from Trademarks

Offences, Penalties and Appellate Remedies in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Offences, Penalties and Appellate Remedies: frequently asked questions

What is the punishment for falsifying a trademark in India?

Under section 103, imprisonment of not less than six months and up to three years, and a fine of not less than ₹50,000 and up to ₹2,00,000. The court may impose less for adequate and special reasons recorded in the judgment.

Where do I appeal against a Registrar's order on a trademark?

To the High Court under section 91, within three months from the date the order is communicated to you. The High Court may admit a late appeal if you show sufficient cause.

Who can apply for rectification of the trademark register?

Any person aggrieved, under section 57. The application goes to the High Court or the Registrar. In an infringement suit where validity is questioned, section 125 requires the application to be made to the High Court.

Is intent to defraud necessary for the offence under section 103?

The accused is not punishable if he proves that he acted without intent to defraud. So the burden of showing absence of intent is on him.