103 in The Trade Marks Act, 1999
103. Penalty for applying false trade marks, trade descriptions, etc.—
Any person who— (a) falsifies any trade mark ... falsifying or of being used for falsifying, a trade mark; or (d) applies any false trade description to goods or services; or (e) applies
Section 103 in The Trade And Merchandise Marks Act, 1958
103. Preliminary advice by the Registrar as to distinctiveness.
(1) The Registrar may, on application
offences punishable u/Sec. 51, 63 of
Copyright Act and Sec.102(A) , 103 , 104 of Trade Marks Act
and Sec ... offences punishable u/ Sec.51 , 63 of
Copyright Act and Sec.102(A) , 103 , 104 of Trade Marks Act
and Sec.420 of IPC. Thereafter
section 418
of IPC. He has not considered application of section 63 of the
Copyright Act and section 103 of the Trade Marks Act. Shri ... Trade Marks Act reads thus:-
"103 - Penalty for applying false trade marks, trade descriptions, etc. -
Any person who--
(a) falsifies any trade mark
vide which appellants have been convicted u/s 103/104 r/w
section 114 of the Trade Marks Act, 1999 and vide order dated ... each U/s 103 of the Trade Marks Act and 104 of the Trade
Marks Act, 1999 , respectively, and in default of payment of fine
Sections 60/63 of the Copy Rights Act, Sections 7 / 16 of Prevention of Food Adulteration Act and Sections 103 / 104 of the Trade Marks ... Section 60/63 of Copy Right Act, and Sections 7 / 16 Prevention of Food Adulteration Act and Sections 103 / 104 Trade Marks Act, whereas there
charges under Section 63 of ' The
Copyright Act, 1963 ' and Section 103/104 of ' The Trade Marks
Act, 1999 ' against ... offences
under Section under Section 63 of ' The Copyright Act, 1963 ' and
Section 103 / 104 of ' The Trade Marks Act
fifty
thousand rupees.
Section 103 in The Trade Marks Act, 1999 provides as
Under:-
Penalty for applying false trade marks, trade descriptions, etc.
--Any person ... prove the essential
ingredients of section U/s 63 Copyright Act & U/s 103/104 Trade
Mark Act . There are several other loopholes
purpose of
falsifying a trade mark. It is further submitted that even provisions
of Section 104 of the Trade Marks Act are not applicable ... offences punishable under Sections 63 and 65 of the
Copyrights Act, 1957 and Sections 103 and 104 of the Trade Marks Act,
1999, however
Rakesh Kumar Mittal for offences under Section 63 of Copyright Act 1957 and
u/s 103 / 104 Trade Marks Act 1999.
7 Court took cognizance ... that there was a
prima facie case u/s 103 / 104 Trade Marks Act and u/s 63 Copyright Act
against accused no. 1 Arun