opinion that a counterfeit trade mark would be a trade mark which purports to be a genuine trade mark but is in reality ... certain alleged counterfeit marks in some cases and those marks had not been held to be counterfeit trade marks.
A mark can be said
falsely applying trade marks. -
(1) A person shall be deemed to falsify a trade mark who, either, -
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(b) falsifies any genuine trade mark, whether ... trade mark who, without
the assent of the proprietor of the trade mark, -
(a) applies such trade mark or a deceptively similar mark to goods
clear. According to the Trade and Merchandise Marks Act 1958 'trade mark' means
"A mark used in relation to goods ... skill in selection, then the mark would be a property mark and not trade mark.
32. After having examined the packages and phials
proprietor of the trade mark makes
that trade mark or a deceptively similar mark; or
(b) falsifies any genuine trade mark, whether by alteration,
addition ... trade mark who, without the assent of the proprietor of the trade mark,
--
(a) applies such trade mark or a deceptively similar mark to
goods
proprietor of the trade mark makes that trade mark or deceptively similar mark; or
(b) falsifies any genuine trade mark, whether by alternation, addition, effacement ... trade mark who, without the assent of the proprietor of the trade mark-
(a) applies such trade mark or a deceptively similar mark, to goods
proprietor of the
trade marks makes that trade mark or a
deceptively similar mark; or
(b) falsifies any genuine trade mark, whether
by alteration, addition ... trade mark who, without the
assent of the proprietor of the trade mark,--
(a) applies such trade mark or a deceptively
similar mark to goods
proprietor of the trade mark
makes that trade mark or a deceptively similar mark; or
(b) falsifies any genuine trade mark, whether by
alteration, addition ... trade mark who, without the assent of the
proprietor of the trade mark,--
(a) applies such trade mark or a deceptively similar mark
to goods
deals with penalty
for selling goods or providing services to which false
trade mark or false trade description is applied
whereas Section ... Penalty for selling goods or providing
services to which false trade mark or false
trade description is applied.- Any person
who sells, lets or hires
trade mark' includes a trade mark registered under the Trade Marks Act, 1940 . Section 480 describes what amounts to using a false trade mark ... registered trade mark shall for the purposes of this Act be deemed to be also use of any trade mark being a part thereof
Penalty for applying false trade marks trade descriptions, etc. Any person who-
(a) falsifies any trade mark; or
(b) falsely applies to goods any trade ... sale or for any purpose of trade or manufacture, any goods of things to which any false trade mark or false trade description is applied
