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Section104
The Trade Marks Act, 1999

Penalty for selling goods or providing services to which false trade mark or false trade description is applied

In force From 15 Sep 2003 Act 47 of 1999 As on 14 Oct 2026

Act 47 of 1999 Ministry Commerce and Industry Enacted 30 Dec 1999 In force 15 Sep 2003 Cited by 5 provisions

Section 104 of the Trade Marks Act, 1999 deals with penalty for selling goods or providing services to which false trade mark or false trade description is applied. Any person who sells, lets for hire or exposes for sale, or hires or has in his possession for sale, goods or things, or provides or hires services, to which any false trade mark or false trade description is applied or which, being required under section 139 to have applied to them an indication of The Act came into force on 15 Sep 2003.

Any person who sells, lets for hire or exposes for sale, or hires or has in his possession for sale, goods or things, or provides or hires services, to which any false trade mark or false trade description is applied or which, being required under section 139 to have applied to them 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 or services provided, as the case may be, are without the indications so required, shall, unless he proves,--

(a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the trade mark or trade description or that any offence had been committed in respect of the goods or services; or

(b) that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things or services; or

(c) that otherwise he had acted innocently,

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 104, 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 5

  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. 113 Procedure where invalidity of registration is pleaded by the accused
  5. s. 115 Cognizance of certain offences and the powers of police officer for search and seizure

Questions about Section 104

What does Section 104 of the Trade Marks Act deal with?

Section 104 of the Trade Marks Act is headed "Penalty for selling goods or providing services to which false trade mark or false trade description is applied". Any person who sells, lets for hire or exposes for sale, or hires or has in his possession for sale, goods or things, or provides or hires services, to which any false trade mark or false trade description is applied or which, being required under section 139 to have applied to them an indication of

How do I find court cases under Section 104 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 104, section 104 Trade Marks Act, section 104 of the Trade Marks Act. People searching for it also type trademark act 1999 section 104 and 104 trademark act bailable or not. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 104 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. 5 other provisions in this corpus refer back to it.

When did Section 104 of the Trade Marks Act come into force?

Section 104 of the Trade Marks Act, cited as Trade Marks Act 104, 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 14 Oct 2026. This page is not a substitute for legal advice.