Section 107

107. Penalty for falsely representing a trademark as registered.—

(1) No person shall make any representation—

(a) with respect to a mark, not being a registered trademark, to the effect that it is a registered trademark; or

(b) with respect to a part of a registered trademark, not being a part separately registered as a trademark, to the effect that it is separately registered as a trademark; or

(c) to the effect that a registered trademark is registered in respect of any goods or services in respect of which it is not in fact registered; or

(d) to the effect that registration of a trademark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitation entered on the register, the registration does not in fact give that right.

(2) If any person contravenes any of the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

(3) For the purposes of this section, the use in India in relation to a trademark of the word ―registered‖, or of any other expression, symbol or sign referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except—

(a) where that word or other expression, symbol or sign is used in direct association with other words delineated in characters at least as large as those in which that word or other expression, symbol or sign is delineated and indicating that the reference is to register as a trademark under the law of a country outside India being a country under the law of which the registration referred to is in fact in force; or