Section 122 of Trade Marks Act, 1999
Section 122 of the Trade Marks Act, 1999 deals with the penalty for falsely representing a trade mark as registered.
Section 122: Penalty for falsely representing a trade mark as registered
"(1) No person shall,—
(a) falsely represent that a trade mark is registered;
(b) make or compare a mark so nearly resembling a registered trade mark as to be likely to deceive or cause confusion;
(c) in any manner whatsoever represent any unregistered trade mark or any mark so nearly resembling a registered trade mark as to be likely to deceive or cause confusion;
(d) falsely represent the goods or services of another person as the goods or services of the person registered under this Act.
(2) Any person who contravenes any provision of sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to two lakh rupees, or with both."
Key Points:
1. Prohibits false representation of unregistered marks as registered.
2. Prohibits use of marks deceptively similar to registered marks.
3. Prohibits false representation of others' goods/services as one's own.
4. Penalty: imprisonment up to 3 years, fine up to ₹2 lakh, or both.
Important Case Laws:
1. Microsoft Corporation v. Sudhir Kumar [2006] 34 PTC 409 (Del)
2. Tata Sons Ltd. v. Manoj Dodia [2011] 45 PTC 1 (Del)
3. Hindustan Unilever Ltd. v. Reckitt Benckiser (India) Ltd. [2014] 57 PTC 1 (Del)
Consequences:
1. Civil liability for damages
2. Criminal prosecution
3. Loss of business reputation
4. Injunction against further infringement
Precautions:
1. Verify trade mark registration status.
2. Use distinctive marks.
3. Conduct thorough searches.
4. Seek professional advice.