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Section115
The Trade Marks Act, 1999

Cognizance of certain offences and the powers of police officer for search and seizure

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 Instruments 1

Section 115 of the Trade Marks Act, 1999 deals with cognizance of certain offences and the powers of police officer for search and seizure. No court shall take cognizance of an offence under section 107 or section 108 or section 109 except on complaint in writing made by the Registrar or any officer authorised by him in writing: Provided that in relation to clause (c) of sub-section (1) of section 107, a court shall take cognizance of a The Act came into force on 15 Sep 2003.

(1) No court shall take cognizance of an offence under section 107 or section 108 or section 109 except on complaint in writing made by the Registrar or any officer authorised by him in writing:

Provided that in relation to clause (c) of sub-section (1) of section 107, a court shall take cognizance of an offence on the basis of a certificate issued by the Registrar to the effect that a registered trade mark has been represented as registered in respect of any goods or services in respect of which it is not in fact registered.

(2) No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try an offence under this Act.

(3) The offences under section 103 or section 104 or section 105 shall be cognizable.

(4) Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he is satisfied that any of the offences referred to in sub-section (3) has been, is being, or is likely to be, committed, search and seize without warrant the goods, die, block, machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be produced before a Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be:

Provided that the police officer, before making any search and seizure, shall obtain the opinion of the Registrar on facts involved in the offence relating to trade mark and shall abide by the opinion so obtained.

(5) Any person having an interest in any article seized under sub-section (4), may, within fifteen days of such seizure, make an application to the Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be, for such article being restored to him and the Magistrate, after hearing the applicant and the prosecution, shall make such order on the application as he may deem fit.

Section 115, 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. 103 Penalty for applying false trade marks, trade descriptions, etc
  2. s. 104 Penalty for selling goods or providing services to which false trade mark or false trade description is applied
  3. s. 105 Enhanced penalty on second or subsequent conviction
  4. s. 107 Penalty for falsely representing a trade mark as registered
  5. s. 108 Omitted
  6. s. 109 Omitted

Made under this section, and citing it

1 instrument names this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 115

What does Section 115 of the Trade Marks Act deal with?

Section 115 of the Trade Marks Act is headed "Cognizance of certain offences and the powers of police officer for search and seizure". No court shall take cognizance of an offence under section 107 or section 108 or section 109 except on complaint in writing made by the Registrar or any officer authorised by him in writing: Provided that in relation to clause (c) of sub-section (1) of section 107, a court shall take cognizance of a

How do I find court cases under Section 115 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 115, section 115 Trade Marks Act, section 115 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 115 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), section 105 (Enhanced penalty on second or subsequent conviction), section 107 (Penalty for falsely representing a trade mark as registered), and on 2 further provisions, so none of them can safely be read on its own. One instrument names it without being made under it, most recently The Trade Marks Rules, 2002 (2002).

When did Section 115 of the Trade Marks Act come into force?

Section 115 of the Trade Marks Act, cited as Trade Marks Act 115, 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.