using identical trade marks or deceptively similar trade marks; for rendition of account of profits earned by the defendant using the trade marks; for mandatory ... infringement occurred in 1990 is absolutely false since the defendant is trading in the trade marks since 1956 in exercise of his own right, title
perusal of the said communication of the Assistant Registrar of trade mark reveals that the application referred to in the said proceedings relates ... appellant by obtaining no objection certificate from the Registrar of Trade Marks falsely representing that both the appellant and the first respondent
follows:-
Penalty for applying false trade marks, trade descriptions,
etc.
Any person who,
a. Falsified any trademark; or
b. Falsely applies to goods any trademark ... Code of Civil
Procedure , 1908.
(f) 'false trade description' means -
i) a trade description which is untrue or misleading in a
material respect
complainant that the petitioners have either violated or falsified any trade mark or falsely applied to goods any trade mark or have made or disposed ... deal with imposition of penalty for selling goods to which a false trade mark of false description is applied, it is apparent that the ingredients
persons having been applying false trade description to goods and thereby passing off those goods as of the marks of the complainant-Company ... market Such a manufacture of goods and applying of false trade marks or trade descriptions obviously would be taking place in secret for, if that
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