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

The Commissioner of Customs suspects that notified goods imported by Kaveri Imports bear a false trade mark and requires the importer to produce documents and give details of the consignor and the Indian consignee. Kaveri Imports does not comply within the prescribed period. What is the consequence under the Trade Marks Act, 1999 as it now stands?

The importer must comply within fourteen days; failing that, he is liable to a penalty of ten thousand rupees, levied and recovered by the authority designated under the Customs Act, 1962. It is a monetary penalty, not imprisonment under the false trade mark offence provisions.

  1. AImprisonment of six months with a minimum fine of fifty thousand rupees
  2. BPenalty of ten thousand rupees after non-compliance within fourteen days, levied under the Customs Act authorityCorrect
  3. CPenalty of two lakh rupees imposed directly by the Registrar
  4. DNo consequence, since the requirement is only advisory

Explanation

Section 140(3) requires compliance within fourteen days, failing which the importer is liable to a penalty of ten thousand rupees, levied and recovered by the authority under the Customs Act, 1962. The imprisonment and fine in the first option belong to sections 103 and 104 and do not apply here.

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