The Trade Marks Act

Meaning of applying trade marks and trade descriptions

Falsifying and falsely applying trade marks

Penalty for applying false trade marks, trade descriptions, etc

Penalty for selling goods or providing services to which false trade mark or false trade  description is applied

Enhanced penalty on second or subsequent conviction

Penalty for removing piece goods, etc., contrary to section 81

Penalty for falsely representing a trade mark as registered

Penalty for improperly describing a place of business as connected with the Trade Marks Office

Penalty for falsification of entries in the register

No offence in certain cases

Forfeiture of goods

Exemption of certain persons employed in ordinary course of business

Procedure where invalidity of registration is pleaded by the accused

Offences by companies

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

Evidence of origin of goods imported by sea

Costs of defence or prosecution

Limitation of prosecution

Information as to commission of offence

Punishment of abetment in India of acts done out of India

Instructions of Central Government as to permissible variation to be observed by criminal  courts


OFFENCES, PENALTIES AND PROCEDURE


In any prosecution under this Act, the court may order such
costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court
deems reasonable having regard to all the circumstances of the case and the conduct of the parties and the
costs so awarded shall be recoverable as if they were a fine. 

LAWGIST

# 117 Costs of defence or prosecution