Chapter XII - Offences, Penalties and Procedure
Section 111
Section 111: Forfeiture of goods
A court can direct forfeiture of relevant goods even in the specified acquittal cases, as well as on the listed convictions.
On this page
Need advice on Section 111?
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) Where a person is convicted of an offence under section 103 or section 104 or section 105 or is acquitted of an offence under section 103 or section 104 on proof that he acted without intent to defraud, or under section 104 on proof of the matters specified in clause (a), clause (b) or clause (c) of that section, the court convicting or acquitting him may direct the forfeiture to Government of all goods and things by means of, or in relation to, which the offence has been committed, or but for such proof as aforesaid would have been committed.
(2) When a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal shall lie against the forfeiture also.
(3) When a forfeiture is directed on acquittal and the goods or things to which the direction relates are of value exceeding fifty rupees, an appeal against the forfeiture may be preferred, within thirty days from the date of the direction, to the court to which in appealable cases appeals lie from sentences of the court which directed the forfeiture.
(4) When a forfeiture is directed on a conviction, the court, before whom the person is convicted, may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.
Rule and business relevance
The section distinguishes appeal routes following conviction and acquittal. For an acquittal forfeiture involving goods or things worth more than ₹50, it states a 30-day appeal period. Destruction or other disposal under subsection (4) is tied to forfeiture on conviction.
Limits and related provisions
Acquittal on the stated innocence or intent-related proof does not guarantee that the goods are returned. Conversely, forfeiture is a court power, not an automatic result in every case.
Hypothetical business example
Hypothetical example: A reseller is acquitted on a specified section 104 defence, but the court considers forfeiture of the affected goods. The reseller checks the applicable appeal route and deadline.
Practical decision flow
Identify the conviction or qualifying acquittal and goods affected.
Read the forfeiture direction and relevant appeal provision.
Act on the proper deadline and any disposal order.
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 conviction or qualifying acquittal and goods affected.
- Read the forfeiture direction and relevant appeal provision.
- Act on the proper deadline and any disposal order.
Avoid
- Acquittal on the stated innocence or intent-related proof does not guarantee that the goods are returned. Conversely, forfeiture is a court power, not an automatic result in every case.
Glossary
- Forfeiture
- A court direction transferring the relevant goods or things to Government.
- Acquittal forfeiture appeal
- The appeal described in subsection (3), including its value and timing conditions.
Frequently asked questions
Does acquittal always prevent forfeiture?
No. The section lists acquittals in which forfeiture may still be directed.
What is the specified acquittal appeal period?
Thirty days from the direction, where the stated value condition is met.
Can forfeited articles be destroyed?
Subsection (4) permits the court to order that disposal after forfeiture on conviction.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026