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Section110
The Trade Marks Act, 1999

No offence in certain cases

In force From 15 Sep 2003 Act 47 of 1999 As on 17 Oct 2026

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

Section 110 of the Trade Marks Act, 1999 deals with no offence in certain cases. The provisions of sections 102, 103, 104 and 105 shall, in relation to a registered trade mark or proprietor of such mark, be subject to the rights created or recognised by this Act and no act or omission shall be deemed to be an offence under the aforesaid sections if,-- (a) the alleged offence rel The Act came into force on 15 Sep 2003.

The provisions of sections 102, 103, 104 and 105 shall, in relation to a registered trade mark or proprietor of such mark, be subject to the rights created or recognised by this Act and no act or omission shall be deemed to be an offence under the aforesaid sections if,--

(a) the alleged offence relates to a registered trade mark and the act or omission is permitted under this Act; and

(b) the alleged offence relates to a registered or an unregistered trade mark and the act or omission is permitted under any other law for the time being in force.

Section 110, 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. 102 Falsifying and falsely applying trade marks
  2. s. 103 Penalty for applying false trade marks, trade descriptions, etc
  3. s. 104 Penalty for selling goods or providing services to which false trade mark or false trade description is applied
  4. s. 105 Enhanced penalty on second or subsequent conviction

Questions about Section 110

What does Section 110 of the Trade Marks Act deal with?

Section 110 of the Trade Marks Act is headed "No offence in certain cases". The provisions of sections 102, 103, 104 and 105 shall, in relation to a registered trade mark or proprietor of such mark, be subject to the rights created or recognised by this Act and no act or omission shall be deemed to be an offence under the aforesaid sections if,-- (a) the alleged offence rel

How do I find court cases under Section 110 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 110, section 110 Trade Marks Act, section 110 of the Trade Marks 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 110 of the Trade Marks Act, and has it changed?

Its own text turns on section 102 (Falsifying and falsely applying trade marks), 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), section 105 (Enhanced penalty on second or subsequent conviction), so none of them can safely be read on its own.

When did Section 110 of the Trade Marks Act come into force?

Section 110 of the Trade Marks Act, cited as Trade Marks Act 110, 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 17 Oct 2026. This page is not a substitute for legal advice.