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

Rohan Brands, owner of a registered mark, learns that goods bearing a false trade mark have been imported. The Commissioner of Customs requires the importer to produce documents and give consignor details. Under the Trade Marks Act, 1999 as amended w.e.f. 1-8-2024, what happens if the importer fails to comply within fourteen days?

The importer is liable to a penalty of ten thousand rupees. Section 140(3) requires compliance within fourteen days, and the penalty is levied and recovered by the authority designated under the Customs Act, 1962. The section prescribes no imprisonment or licence cancellation.

  1. APenalty of ten thousand rupees, levied by the authority under the Customs Act, 1962Correct
  2. BImprisonment of fourteen days
  3. CAutomatic cancellation of the importer's licence
  4. DNo consequence, as compliance is voluntary

Explanation

Section 140(3) requires the importer or agent to comply within fourteen days, failing which a penalty of ten thousand rupees is payable, levied and recovered by the authority under the Customs Act, 1962. The section provides no imprisonment or licence cancellation.

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