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Section103
The Trade Marks Act, 1999

Penalty for applying false trade marks, trade descriptions, etc

In force From 15 Sep 2003 Act 47 of 1999 As on 15 Oct 2026

Act 47 of 1999 Ministry Commerce and Industry Enacted 30 Dec 1999 In force 15 Sep 2003 Cited by 6 provisions

Section 103 of the Trade Marks Act, 1999 deals with penalty for applying false trade marks, trade descriptions, etc. Any person who-- (a) falsifies any trade mark; The Act came into force on 15 Sep 2003.

Any person who--

(a) falsifies any trade mark; or

(b) falsely applies to goods or services any trade mark; or

(c) makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a trade mark; or

(d) applies any false trade description to goods or services; or

(e) applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacturer or person for whom the goods are manufactured is required to be applied under section 139, a false indication of such country, place, name or address; or

(f) tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 139; or

(g) causes any of the things above mentioned in this section to be done,

shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.

Section 103, The Trade Marks Act, 1999 (Act 47 of 1999).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 139 Power to require goods to show indication of origin

Referred to by 6

  1. s. 105 Enhanced penalty on second or subsequent conviction
  2. s. 110 No offence in certain cases
  3. s. 111 Forfeiture of goods
  4. s. 112 Exemption of certain persons employed in ordinary course of business
  5. s. 113 Procedure where invalidity of registration is pleaded by the accused
  6. s. 115 Cognizance of certain offences and the powers of police officer for search and seizure

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Piyush Subhashbhai Ranipa v. State of Maharashtra

    High Court 26 Feb 2021 Persuasive (High Court) ABA No. 336 of 2021 (Bombay)

    Court's Decision & Legal Precedent

    Final Order order-3.pdf 2021-02-26 DATE VERIFIED. Sarang V. Kotwal J. ABA 336/2021. Isolate: Copyright Act s.63 (and Trade Marks Act s.103) punishable with imprisonment which may extend to three years fall in CrPC Sch. I Part II class II — cognizable and non-bailable; anticipatory bail is therefore maintainable. Knit Pro SC signed reportable is pronouncement-only on this file — this is the labelled merits isolate. Leading HC. Distinctive (Piyush Ranipa, Jain Irrigation fake HDPE). Map 63 and 103. Do not pad TM 115 (Registrar-opinion point distinguished, not the isolate).

    On this section: Trade Marks Act s.103, being punishable with imprisonment which may extend to three years, is cognizable and non-bailable under CrPC Sch. I Part II (Piyush Ranipa).

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. High Court 02 Jun 2023 DLHC010393362022

    … of the settlement as incorporated in para 6 of the joint application, the police is directed to release the goods and the same be disposed of in terms of the settlement - 12.Taking into account the totality of facts and circumstances of the case, the present FIR No. 0189/2022 dated 06.08.2022 registered under Sections 103/104 of Trade Marks Act, 1999 at PS Hauz Qazi and all subsequent proceedings emanating therefrom are quashed. - 13.The petition along with the pending applications stands disposed of. DINESH KUMAR SHARMA, J JUNE 02, 2023/ rb.. …

    Read this order on eCourtsIndia

Questions about Section 103

What have the courts held on Section 103 of the Trade Marks Act?

Piyush Subhashbhai Ranipa v. State of Maharashtra (26 Feb 2021) is the leading judgment on this section among those set out below: Trade Marks Act s.103, being punishable with imprisonment which may extend to three years, is cognizable and non-bailable under CrPC Sch. I Part II (Piyush Ranipa).

How do I find court cases under Section 103 of the Trade Marks Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 103, section 103 Trade Marks Act, section 103 of the Trade Marks Act. People searching for it also type trademark act 103 104 and trademark act 1999 section 103. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Piyush Subhashbhai Ranipa v. State of Maharashtra (26 Feb 2021).

What should I read with Section 103 of the Trade Marks Act, and has it changed?

Its own text turns on section 139 (Power to require goods to show indication of origin), so none of them can safely be read on its own. 6 other provisions in this corpus refer back to it.

When did Section 103 of the Trade Marks Act come into force?

Section 103 of the Trade Marks Act, cited as Trade Marks Act 103, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.