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Union of India - Section

Section 110 in The Trade Marks Act, 1999

110. No offence in certain cases.—

The provisions of sections 102, 103, 104 and 105 shall, in relation to a registered trade mark or proprietor of such mark, be subject to the rights created or recognised by this Act and no act or omission shall be deemed to be an offence under the aforesaid sections if,—
(a)the alleged offence relates to a registered trade mark and the act or omission is permitted under this Act; and
(b)the alleged offence relates to a registered or an unregistered trade mark and the act or omission is permitted under any other law for the time being in force.