Chapter XII - Offences, Penalties and Procedure
Section 102
Section 102: Falsifying and falsely applying marks
The section distinguishes making or altering a false mark from unauthorised application to goods, services or packaging.
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Need advice on Section 102?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) A person shall be deemed to falsify a trade mark who, either,—
(a) without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark; or
(b) falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise.
(2) A person shall be deemed to falsely apply to goods or services a trade mark who, without the assent of the proprietor of the trade mark,—
(a) applies such trade mark or a deceptively similar mark to goods or services or any package containing goods;
(b) uses any package bearing a mark which is identical with or deceptively similar to the trade mark of such proprietor, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the proprietor of the trade mark.
(3) Any trade mark falsified as mentioned in sub-section (1) or falsely applied as mentioned in sub-section (2), is in this Act referred to as a false trade mark.
(4) In any prosecution for falsifying a trade mark or falsely applying a trade mark to goods or services, the burden of proving the assent of the proprietor shall lie on the accused.
Rule and business relevance
Falsification includes making a mark or deceptively similar mark without assent and alteration of a genuine mark. False application includes unauthorised use and use of a proprietor-like package for goods other than genuine goods. In a relevant prosecution, the accused bears the burden of proving the proprietor’s assent.
Limits and related provisions
A genuine container does not by itself authorise refilling with another trader’s goods. Keep assent and the actual use separate, and do not assume similarity alone resolves all prosecution issues.
Hypothetical business example
Hypothetical example: A packer fills branded containers with goods that are not the brand proprietor’s genuine goods. It must assess the false-application limb and any claimed assent.
Practical decision flow
Identify making, alteration or application conduct.
Check the genuine goods, packaging and proprietor’s assent.
Preserve authorisation evidence and assess the applicable offence.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify making, alteration or application conduct.
- Check the genuine goods, packaging and proprietor’s assent.
- Preserve authorisation evidence and assess the applicable offence.
Avoid
- A genuine container does not by itself authorise refilling with another trader’s goods. Keep assent and the actual use separate, and do not assume similarity alone resolves all prosecution issues.
Glossary
- Falsification
- The making or alteration conduct described in subsection (1).
- False application
- The unauthorised application and packaging conduct in subsection (2).
Frequently asked questions
Can alteration of a genuine mark count?
Yes. The definition expressly includes alteration, addition and effacement.
Who proves assent in the specified prosecution?
The accused bears that burden.
Is a genuine branded package always safe to reuse?
No. Subsection (2)(b) addresses filling it with goods other than the proprietor’s genuine goods.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026