Enhanced penalty on second or subsequent conviction
Section 105 of the Trade Marks Act, 1999 deals with enhanced penalty on second or subsequent conviction. Whoever having already been convicted of an offence under section 103 or section 104 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and The Act came into force on 15 Sep 2003.
Whoever having already been convicted of an offence under section 103 or section 104 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for adequate and special reason to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees:
Provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of this Act.
Section 105, 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
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.
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… The petitioners in Crl.P. No.5605/2019 are arraigned as accused Nos.2, 3 and 4 and the petitioner in Crl.P. No.6468/2020 is arraigned as accused No.1 in Crime No.21/2019 registered by the City Market Police Station, Bengaluru City on 31.01.2019 for the offences punishable under Sections 103, 104, 105 of Trade Marks Act, 1999, Section 420 of IPC 1860 and Sections 63 and 65(a) of Copyright Act, 1957. The criminal law was set into motion by filing of a complaint by the complainant and FIR has been recorded by the police having jurisdiction under Section 154 of Cr.P.C. Once the crime is registered by the police …
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… Therefore, the charge sheet filed in C.C.No.139 of 2012 is liable to be quashed. 3. The learned Government Advocate (Crl.side) submitted that the case in Crime No.139 of 2010 is registered for the offence under Section 102 and not under 103, 104 or 105 of Trade Marks Act. For the offence registered under Sections 103, 104 and 105 of the Trade Marks Act alone, the Police Officers not below the rank of the Deputy Superintendent of Police will conduct the search and seizure and investigate the matter further. He further submitted that charges have been framed and the trial has also been commenced. Therefore, at this stage, the petitioner cannot …
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… been recorded in the panchnama made on 2nd October, 2003 by the Police Inspector, Naranpura police station, in connection with the offence registered with Naranpura police station bearing Cr. No. II/3295 of 2003 for the offences under section 19 of the Trade Marks Act, as well as for the offences punishable under sections 103, 104 and 105 of the Trade Marks Act as well as for the offence under Copy Rights Act. It is submitted by the learned counsel for the original defendants that they have now stopped using the mark RANGOLI for label and selling of their Agarbattis (essence sticks). (xi) Both the learned counsels have argued at length, their case …
Questions about Section 105
What does Section 105 of the Trade Marks Act deal with?
Section 105 of the Trade Marks Act is headed "Enhanced penalty on second or subsequent conviction". Whoever having already been convicted of an offence under section 103 or section 104 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and
How do I find court cases under Section 105 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 105, section 105 Trade Marks Act, section 105 of the Trade Marks Act. People searching for it also type 105 trademark act. 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 105 of the Trade Marks Act, and has it changed?
Its own text turns on section 103 (Penalty for applying false trade marks, trade descriptions, etc), section 104 (Penalty for selling goods or providing services to which false trade mark or false trade description is applied), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it.
When did Section 105 of the Trade Marks Act come into force?
Section 105 of the Trade Marks Act, cited as Trade Marks Act 105, 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
- 2. Definitions and interpretation1911 words
- 157. Power to make rules1216 words
- 11. Relative grounds for refusal of registration985 words
- 47. Removal from register and imposition of limitations on ground of non-use716 words
- 30. Limits on effect of registered trade mark657 words
- 29. Infringement of registered trade marks651 words
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.