Section 104 Trade Marks Act, 1999


Section 104 Trade Marks Act, 1999 : 

Penalty for selling goods or providing services to which false trade mark or false trade description is applied.—Any person who sells, lets for hire or exposes for sale, or hires or has in his possession for sale, goods or things, or provides or hires services, to which any false trade mark or false trade description is applied or which, being required under section 139 to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer, or person for whom the goods are manufactured or services provided, as the case may be, are without the indications so required, shall, unless he proves,—

(a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the trade mark or trade description or that any offence had been committed in respect of the goods or services; or

(b) that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things or services; or

(c) that otherwise he had acted innocently, be punishable with 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: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 104 Trade Marks Act, 1999: 

Nasik Hing Supplying Company vs Annapurna Gruh Udyog Bhandar on 4 March, 2003

Shivlal vs State & Anr on 16 May, 2013

The Employees' State Insurance  vs Shanmugha Theatres And Ors. on 20 June, 1997

Super Candles And Anr. vs Mahabir Candle Works And Anr. on 12 June, 1996

Vinod Kumar Proprietor Of Kunal  vs State (Nct Of Delhi) & Ors. on 22 September, 2020

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