Implied warranty on sale of marked goods
Section 126 of the Trade Marks Act, 1999 deals with implied warranty on sale of marked goods. Where a mark or a trade mark or trade description has been applied to the goods on sale or in the contract for sale of any goods or in relation to any service, the seller shall be deemed to warrant that the mark is a genuine mark and not falsely applied, or that the trade description is not a false The Act came into force on 15 Sep 2003.
Where a mark or a trade mark or trade description has been applied to the goods on sale or in the contract for sale of any goods or in relation to any service, the seller shall be deemed to warrant that the mark is a genuine mark and not falsely applied, or that the trade description is not a false trade description within the meaning of this Act unless the contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of goods or providing of services on contract to and accepted by the buyer.
Section 126, The Trade Marks Act, 1999 (Act 47 of 1999).
Questions about Section 126
What does Section 126 of the Trade Marks Act deal with?
Section 126 of the Trade Marks Act is headed "Implied warranty on sale of marked goods". Where a mark or a trade mark or trade description has been applied to the goods on sale or in the contract for sale of any goods or in relation to any service, the seller shall be deemed to warrant that the mark is a genuine mark and not falsely applied, or that the trade description is not a false
How do I find court cases under Section 126 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 126, section 126 Trade Marks Act, section 126 of the Trade Marks Act. People searching for it also type trade marks act s 126. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 126 of the Trade Marks Act come into force?
Section 126 of the Trade Marks Act, cited as Trade Marks Act 126, 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 17 Oct 2026. This page is not a substitute for legal advice.