Chapter XII - Offences, Penalties and Procedure
Section 115
Section 115: Search, seizure and offence procedure
The section sets the court level, cognizable-offence status and safeguards for searches and seizures involving sections 103–105.
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Need advice on Section 115?
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) No court shall take cognizance of an offence under section 107 or section 108 or section 109 except on complaint in writing made by the Registrar or any officer authorised by him in writing:
Provided that in relation to clause (c) of sub-section (1) of section 107, a court shall take cognizance of an offence on the basis of a certificate issued by the Registrar to the effect that a registered trade mark has been represented as registered in respect of any goods or services in respect of which it is not in fact registered.
(2) No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try an offence under this Act.
(3) The offences under section 103 or section 104 or section 105 shall be cognizable.
(4) Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he is satisfied that any of the offences referred to in sub-section (3) has been, is being, or is likely to be, committed, search and seize without warrant the goods, die, block, machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be produced before a Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be:
Provided that the police officer, before making any search and seizure, shall obtain the opinion of the Registrar on facts involved in the offence relating to trade mark and shall abide by the opinion so obtained.
(5) Any person having an interest in any article seized under sub-section (4), may, within fifteen days of such seizure, make an application to the Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be, for such article being restored to him and the Magistrate, after hearing the applicant and the prosecution, shall make such order on the application as he may deem fit.
Rule and business relevance
A qualifying police officer must be at least deputy superintendent or equivalent, obtain and abide by the Registrar’s opinion before search and seizure, and produce seized articles before the specified Magistrate as soon as practicable. An interested person has 15 days from seizure to apply for restoration.
Limits and related provisions
The current consolidation retains subsection (1) references to 107–109, although 107 now uses a penalty framework and 108–109 are omitted. Those residual references do not revive omitted offences. Apply the current substantive provisions and procedure, including the appropriate criminal-procedure transition rules.
Hypothetical business example
Hypothetical example: An affected trader checks the officer’s rank, Registrar opinion and seizure record, then promptly considers the 15-day application for restoration of an article in which it has an interest.
Practical decision flow
Identify the current substantive offence and search authority.
Check the required Registrar opinion and production before the Magistrate.
Record seizure date and assess a timely restoration application.
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 current substantive offence and search authority.
- Check the required Registrar opinion and production before the Magistrate.
- Record seizure date and assess a timely restoration application.
Avoid
- The current consolidation retains subsection (1) references to 107–109, although 107 now uses a penalty framework and 108–109 are omitted. Those residual references do not revive omitted offences. Apply the current substantive provisions and procedure, including the appropriate criminal-procedure transition rules.
Glossary
- Cognizable offences
- The offences under 103, 104 and 105 identified in subsection (3).
- Restoration application
- The request an interested person may make within 15 days of seizure.
Frequently asked questions
Can every police rank use this search power?
The section requires deputy superintendent rank or equivalent at minimum.
Is the Registrar’s prior opinion required?
Yes. The officer must obtain and abide by it.
Do references to omitted 108 and 109 recreate those offences?
No. The substantive amendment status must be respected.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026