Section 110 of the Trade Marks Act, 1999 – No offence in certain cases

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Section 110: No offence in certain cases

The provisions of sections 102, 103, 104 and 105 shall, in relation to a registered trade mark or proprietor of such mark, be subject to the rights created or recognised by this Act and no act or omission shall be deemed to be an offence under the aforesaid sections if,–

  • (a) the alleged offence relates to a registered trade mark and the act or omission is permitted under this Act; and
  • (b) the alleged offence relates to a registered or an unregistered trade mark and the act or omission is permitted under any other law for the time being in force.

Source: official text of The Trade Marks Act, 1999 as published on India Code (PDF). All sections of the Trade Marks Act, 1999.

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  3. Section 2 of the Trade Marks Act, 1999 – Definitions and interpretation
  4. Section 29 of the Trade Marks Act, 1999 – Infringement of registered trade marks