Author: Reese Bannister

Offences and penalties under the trademarks act (Sections 101 and 102)Sections 101 and 102 of the Act prescribe the nature of the offences. There are certain criminal offences relating to trademarks, trade description etc., which are punishable with imprisonment, fine or both.Falsifying a trade mark to goods or services, falsely applying a trade mark to goods and services; making or possessing instruments for falsifying trademarks; applying false trade description to goods applying false indication of country origin; tampering with an indication of origin already applied to goods; causing any of the above acts; selling goods or possessing or exposing for sale of goods falsely marked; removing piece goods, cotton yarn and threads from the factory before stamping thereon certain particulars like length, weight, counts, etc.; falsely representing a trade mark…

The method adopted for passing off includes:(i) Direct false representation;(ii) Adoption of a trademark which is the same or a colorable imitation of the trade mark of a rival trader; ADVERTISEMENTS: (iii) Adoption of an essential part of a rival trader’s name;(iv) Copying the get-up or color scheme of the label used by a trader(v) Imitating the design or shape of the goods;(vi) Adopting the word or name by which the rival trader’s goods or business is known in the market, and many other ingenious methods Image Source: missioncommunitymarket.org ADVERTISEMENTS: Direct misrepresentation is rare. If a customer orders goods of particular make under a particular name and received something else it is a case of passing off although if he had examined the goods he would not have been deceived.The…

Section 30 prescribed certain uses will not constitute infringement:(i) Use in accordance with honest practices in industrial and commercial matters which will not take unfair advantage of or cause detriment to distinctive character or repute of the trademark;(ii) Use in relation to goods or services indicating character, quality or geographical origin; ADVERTISEMENTS: (iii) In relation to services to which the mark has already been applied by the proprietor or registered user the object of the use is to indicate that the services have been performed by the proprietor or registered user.(iv) Where a trade mark is registered subject to any conditions or limitations, any use of the mark beyond the scope of such conditions or limitations will not constitute infringement. Image Source: baystongroup.comThus if registration is limited to certain territories,…