The Trade Marks Act, 1999
Replaces the 1958 Act. Provides for registration, opposition, removal, infringement, passing off, and offences relating to trade marks.
- Sections
- 159
- Chapters
- 13
- Tier
- Tier 3
In one line
What this Act says
Lets brands register and protect their names, logos and slogans — and criminalises selling fake or imitation goods under a registered mark.
Penalties
What happens if you break it
Falsifying a trade mark / applying false trade mark to goods
§103Imprisonment 6 months – 3 years + fine ₹50,000 – ₹2 lakh.
Selling goods bearing a false trade mark
§104Imprisonment 6 months – 3 years + fine ₹50,000 – ₹2 lakh.
Subsequent conviction
§105Imprisonment 1 – 3 years + fine ₹1 lakh – ₹2 lakh.
Falsely representing trade mark as registered
§107Imprisonment up to 3 years and/or fine.
Headline offences only — not exhaustive. For the full text and every section, open the source PDF or the official link below.
Key Sections & Penalties
Trade Marks Act at a Glance
| Section | Type | Provision | Applicability | Details / Penalty |
|---|---|---|---|---|
| §9 | structural | Absolute grounds for refusal of registration | - | Administrative / Structural |
| §11 | structural | Relative grounds for refusal of registration | - | Administrative / Structural |
| §27 | structural | No action for infringement of unregistered trade mark (Passing off) | - | Administrative / Structural |
| §28 | right | Rights conferred by registration | - | Administrative / Structural |
| §29 | structural | Infringement of registered trade marks | - | Administrative / Structural |
Maximum punishments as prescribed by the Act. Actual sentencing depends on facts, prior convictions and judicial discretion.
Sources
Read the Act yourself
We always show you the local source PDF and at least one verifiable online reference, so you can check anything we say.
Source PDF
Trade Marks Act, 1999.pdf
Full text · opens in new tab
Reference
Wikipedia
en.wikipedia.org · opens in new tab
About this Act
Quick facts
- Year
- 1999
- Sections
- 159
- Chapters
- 13
- Tier
- Tier 3