opinion that a counterfeit trade mark would be a trade mark which purports to be a genuine trade mark but is in reality ... only mean that the counterfeit trade mark and the genuine trade mark must purport to be identical though the counterfeit may not be an exact
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 ... counterfeiting a trade mark or property mark, whereas, the second part is concerned with possession of a trade mark or property mark for the purpose
using a false property mark or selling goods marked with a counterfeit property mark, or counterfeiting a property mark, and that Sections ... false trade mark.
(4) In any prosecution for falsifying a trade mark of falsely applying a trade mark to goods, the burden of proving
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 ... counterfeiting a trade mark or property mark, whereas, the second part is concerned with possession of a trade mark or property mark for the purpose
Products not registered under Trade Marks Act -
Whether appellant violated "property mark of the Respondent-
Trade mark & property mark distinguished.
HEADNOTE ... false
property mark and of selling goods marked with a counterfeit
property mark. Though the complainant used the words 'trade
mark' at several
purpose
of counterfeiting a trade mark or
property mark, or has in his
possession a trade mark or
property mark for the purpose of
Page ... counterfeiting a trade mark or
property
ig mark, whereas, the
second part is concerned with
possession of a trade mark or
property mark
said to use a false trade mark.
5. The punishment for using a false trade mark is provided in Section 482. It will be observed ... with a counterfeit trade mark. The offence under the first section will be complete as soon as a false trade mark has been used
October, 1902, at Bombay, sold two kegs to which a counterfeit trade-mark was affixed without taking reasonable precautions, &o.; thirdly, under Section ... trade-mark, the possession for sale up to 9th October 1902, of goods marked with the counterfeit' trade-mark, together with the sale
CITATOR INFO :
E 1966 SC1820 (7,8)
ACT:
Criminal Trial-Counterfeiting trade mark-Limitation, of one
year for prosecution-Prosecution, when commences-Whether on
filing ... Indian Penal Code and
bidis alleged to bear counterfeit trade marks were seized
from him. On this a complaint was filed on May 26, against
Merchandise Marks Act IV of 1889. The question is whether the plaintiff's goods are marked with a counterfeit trade mark within the meaning ... counterfeit trade-mark within the meaning of the Indian Penal Code , or a false trade-description within the meaning of the Indian Merchandise Marks
