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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

Anil runs a workshop in Ludhiana and keeps a die intended for falsifying the registered mark of a bicycle company. No goods have yet been marked with it. Under the Trade Marks Act, 1999, how is his conduct treated?

Anil commits an offence under section 103, because having possession of a die or similar instrument for the purpose of falsifying a trade mark is itself punishable, even before any goods are marked. Section 104 concerns selling goods, so it does not fit.

  1. ANot an offence until a falsified mark is applied to goods
  2. BAn offence under section 103 as possessing a die for the purpose of falsifying a trade markCorrect
  3. CAn offence only under section 104, which concerns sale of goods
  4. DOnly a civil wrong, as the Act contains no possession offence

Explanation

Section 103(c) punishes anyone who makes, disposes of or has in possession any die, block, machine, plate or other instrument for falsifying or being used for falsifying a trade mark. Actual application to goods is not required. Section 104 deals with selling or possessing for sale goods bearing false marks.

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