Chapter XII - Offences, Penalties and Procedure
Section 110
Section 110: Permitted acts and offence provisions
The offence provisions in sections 102–105 must be read alongside rights and permissions recognised by the Act and other applicable law.
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Need advice on Section 110?
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
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.
Rule and business relevance
The text expressly addresses permitted acts or omissions in relation to the described registered and unregistered marks. A defence analysis must identify the actual statutory permission and the conditions on it.
Limits and related provisions
Do not assume an ordinary business practice, private belief or a registration certificate is a blanket exemption. Read both clauses and the relevant permission against the facts.
Hypothetical business example
Hypothetical example: A defendant relies on a particular statutory permission for its use. Its advice addresses that permission’s conditions rather than asserting that all registered-mark uses are lawful.
Practical decision flow
Identify the offence and the mark’s status.
Locate the precise Act or other-law permission relied on.
Check each condition and preserve evidence of the permitted conduct.
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 the offence and the mark’s status.
- Locate the precise Act or other-law permission relied on.
- Check each condition and preserve evidence of the permitted conduct.
Avoid
- Do not assume an ordinary business practice, private belief or a registration certificate is a blanket exemption. Read both clauses and the relevant permission against the facts.
Glossary
- Permitted act
- Conduct authorised by the legal provision being relied on.
- Recognised right
- A right created or recognised by the Act that qualifies the offence framework.
Frequently asked questions
Does this section erase sections 102–105?
No. It qualifies their operation through the stated lawful permissions.
Is a commercial custom alone enough?
The section requires permission under the relevant law.
Must the underlying permission’s conditions be checked?
Yes. An asserted permission is only useful within its actual scope.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026