Trade, Property and Other Marks

478. Trade mark:

A mark used for denoting that goods are the manufacture or merchandise of a particular
person is called a trade mark, and for the purposes of this Code the expression "trade mark"
includes any trademark which is registered in the register of trade marks kept under the
Trade Marks Act, 1940 (V of 1940).

479. Property mark:

A mark used for denoting that movable property belongs to a particular person is called a
property mark.
480. Using a false trade mark:
Whoever marks any goods or any case, packages or other receptacle containing goods, or
uses any case, package or other receptacle with any mark thereon, in a manner reasonably
calculated to cause it to be believed that the goods so marked, or any goods contained in any
such receptacle so marked, are the manufacture or merchandise of a person whose
manufacture or merchandise they are not, is said to use a false trade mark.
481. Using a false property mark:
Whoever marks any movable property or goods or any case, package or other receptacle
containing movable property or goods, or uses any case package or other receptacle having
any mark thereon, in a manner reasonably calculated to cause it to be believed that the
property or goods so marked, or any property or goods contained in any such receptacle so
marked, belong to a person to whom they do not belong, is said to use a false property mark.
482. Punishment for using a false trade-mark or property mark:
Whoever uses any false trade mark or any false property mark shall, unless he proves that he
acted without intent to defraud, be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both.
483. Counterfeiting a trademark or property mark used by another:
Whoever counterfeits any trade mark or property mark used by any other person shall be
punished with imprisonment of either description for a term which may extend to two years,
or with fine, or with both.
484. Counterfeiting a mark used by a public servant:
Whoever counterfeits any property mark used by a public servant, or any mark used by a
public servant to denote that any property has been manufactured by a particular person or at
a particular time or place, or that the property is of a particular quality or has passed through
a particular office, or that it is entitled to any exemption, or uses as genuine any such mark
knowing the same to be counterfeit, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be liable to fine.
485. Making or possession of any instrument for counterfeiting a trade mark or property
mark:
Whoever makes or has in his possession any die, plate or other instrument for the purpose of
counterfeiting a trade mark or property mark, or has in his possession a trade mark or
property mark for the purpose of denoting that any goods are the manufacture or
merchandise of a person whose manufacture or merchandise they are not, or that they belong
to a person to whom they do not belong, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with both.
486. Selling goods marked with a counterfeit trade mark or property mark:
 Whoever sells, or exposes, or has in possession for sale or any purpose of trade or
manufacture, any goods or thing with a counterfeit trade mark or property mark affixed to or
impressed upon the same or to or upon any case, package or other receptacle in which such
goods are contained, shall, unless he proves:-
(a) that, having taken all reasonable precautions against committing an offence against this
section, he had at the time of the commission of the alleged offence no reason to suspect
the genuineness of the mark and
(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in
his power with respect to the persons from whom he obtained such goods or things, or
(c) that otherwise he had acted innocently,
be punished with imprisonment of either description for a term which may extend to one
year, or with fine, or with both.
487. Making a false mark upon any receptacle containing goods:
Whoever makes any false mark upon any case, package or other receptacle containing
goods, in a manner reasonably calculated to cause any public servant or any other person to
believe that such receptacle contains goods which it does not contain or that it does not
contain goods which it does contain, or that the goods contained in such receptacle are of a
nature or quality different from the real nature or quality thereof, shall, unless he proves that
he acted without intent to defraud, be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
488. Punishment for making use of any such false mark:
Whoever makes use of any such false mark in any manner prohibited by the last foregoing
section shall, unless he proves that he acted without intent to defraud, be punished as if he
had committed an offence against that section.
489. Tampering with property mark with intent to cause injury:
Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it
to be likely that he may thereby cause injury to any person, shall be punished with
imprisonment of either, description for a term which may extend to one year, or with fine or
with both.