08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
a particular person is called a trade mark, and for the purposes of this Code the
expression "trade mark" includes any trade mark which is registered in the
register of trade marks kept under the Patents, Designs and Trade Marks Act,
1883, and any trade mark which, either with or without registration, is protected
by law in any British possession or Foreign State to which the provisions of the
one hundred and third section of the Patents, Designs and Trade Marks Act,
1883, are, under OrderinCouncil, for the time being applicable.
Property mark
479. A mark used for denoting that moveable property belongs to a particular
person is called a property mark.
Using a false trade
mark
480. Whoever marks any goods or any case, package or other receptacle
containing goods, or uses any case, package or other receptacle with any mark
thereon, in a manner reasonably calculated to cause it to be believed that the
goods so marked, or any good contained in any such receptacle so marked, are
the manufacture or merchandise of a person whose manufacture or merchandise
they are not, is said to use a false trade mark.
481. Whoever marks any moveable property or goods or any case, package or
other receptacle containing moveable property or goods, or uses any case,
package or other receptacle having any mark thereon, in a manner reasonably
calculated to cause it to be believed that the property or goods so marked, or
any property or goods contained in any such receptacle so marked, belong to a
person to whom they do not belong, is said to use a false property mark.
482. Whoever use any false trade mark or any false property mark shall, unless
he proves that he acted without intent to defraud, be punished with imprisonment
of either description for a term which may extend to one year, or with fine, or
with both.
mark or property
mark used by another
483. Whoever counterfeits any trade mark or property mark used by any other
person shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
�� Using a false property
mark
Punishment for using
a false trade mark or
property mark
Counterfeiting a trade
Counterfeiting a mark
used by a public
servant
484. Whoever counterfeits any property mark used by a public servant, or any
mark used by a public servant to denote that any property has been
manufactured by a particular person or at a particular time or place, or that the
property is of a particular quality or has passed through a particular office, or
that it is entitled to any exemption, or uses as genuine any such mark knowing
the same to be counterfeit, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be liable
to fine.
Making or possession
of any instrument for
counterfeiting a trade
mark or property
mark
485. Whoever makes or has in his possession any die, plate or other instrument
for the purpose of counterfeiting a trade mark or property mark, or has in his
possession a trade mark or property mark for the purpose of denoting that, any
goods are the manufacture or merchandise of a person whose manufacture or
merchandise they are not, or that they belong to a person to whom they do not
belong, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
Selling goods marked
with a counterfeit
486. Whoever sells, or exposes, or has in possession for sale or any purpose of
trade or manufacture, any goods or thing with a counterfeit trade mark or
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