False image of a trademark as registered is an offence under section 107 punishable with imprisonment fine or both. The following various types of false representations are objectionable :
(a) To form a trademark which is not registered to the effect that it is a registered trademark.
(b) To be a part of a registered trademark which is not severally registered to the effect that it is separately registered as a trademark.
(c) To be a registered trademark and it is registered in respect of any goods when in fact the registration does not cover those goods.
(d) To make that the trademark registration provides an total right to the use thereof in any cases, when in fact, owning consider to the regulation entered on the register, the registration does not give that right.
Trademark registration is effected only in respect of particular goods and may be subject to any conditions or limitations entered on the register. Further, registration is granted for the mark as it appears on the register whether it contains one feature or a number of features. Any representation which does not truly reflect this position will naturally amount to a false representation.
The use of the word “registered” or any other expression conveying the same meaning in relation to a trademark will be deemed to import a reference to registration under the act. Where the mark in question is registered under the law of any foreign country, the use of the word “registered” or expressions conveying the same meaning in relation to such mark is permissible provided it is used in the manner specified in section 107(3) so as correctly refer to the fact of registration abroad. The exception also applies to a trademark registered in a foreign country if it used only in relation to goods to be exported to that country.
In a complaint to the registrar under section 107 for misrepresentation of a mark as “registered” the complaint was dismissed on the ground that the evidence was not sufficient to sustain action under criminal procedure code. The respondent pleaded that the word “registered” was printed erroneously. They also removed the impugned labels and produced labels not containing the word “registered”.
The word “registered” as defined under section 2(1) means registered under the act. A “registered trademark” means a trademark which is actually on the register, and remaining the force.
The registrar declined to make a complaint simply to help a rival manufacturer of cycles in pursuing a vendetta. Where a person has misrepresentation may be triable by the court in respect of the offence of perjury and does not appear to be an actionable cause under section 81 of the act.
Declaration of ownership of trademark
Section 152 stipulates that no document declaring the ownership or title of a person to a trademark other than a registered trademark under the act. It shall be registered under the Indian Registration Act 1908. Prior to the enactment of Trade Marks Law traders used to make a declaration under the provisions of the Registration Act 1908 to the effect that they are the proprietors of particular trade marks. On the strength of such declaration they then used to represent their trademark as registered. The use of the word “registered” in relation to a trademark is an offence unless the mark is registered under the Trade and Merchandise Marks Act 1958 or under the Trade Marks Act 1940.
Falsification of entries on the register
The making of a false entry in the register or causing a false entry to be made in the register is an offence under section 109 of the act. Similarly the making of a document falsely purporting to be a copy of an entry in the register or the production or causing to be produced in evidence of any such document is also an offence under the section. It is an important ingredient of the offence that the offender must have done the act knowing that the entry or writing is false. The offence is punishable with imprisonment or fine or both. The offender may be any person including officers of the Trade Marks Registry.
Corpstore Business Solution is one of the leading trademark registration consultants to register your brand name and logo in Coimbatore and all other major cities.