Chapter XII - Offences, Penalties and Procedure
Section 118
Section 118: Time limit for commencing prosecution
The limitation rule uses the earlier expiry of three years after the offence or two years after the prosecutor discovers it.
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Need advice on Section 118?
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
No prosecution for an offence under this Act or under clause (b) of section 112 of the Customs Act, 1962 (52 of 1962), relating to confiscation of goods under clause (d) of section 111 and notified by the Central Government under clause (n) of sub-section (2) of section 11 of the said Act for the protection of trade marks, relating to import of goods shall be commenced after expiration of three years next after the commission of the offence charged, or two years after the discovery thereof by the prosecutor, whichever expiration first-happens.
Rule and business relevance
The section covers offences under the Act and the specified Customs Act category. Both dates matter: discovery does not automatically extend prosecution to three years after discovery.
Limits and related provisions
Do not select whichever deadline is later or confuse this prosecution limitation with a civil claim or penalty-appeal period. Dates of commission and discovery need reliable evidence.
Hypothetical business example
Hypothetical example: An offence occurs in January and is discovered soon afterwards. The business’s legal team calculates both statutory endpoints and applies whichever expires first.
Practical decision flow
Identify the applicable offence category.
Document commission and prosecutor-discovery dates.
Calculate both endpoints and use the earlier expiry.
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 applicable offence category.
- Document commission and prosecutor-discovery dates.
- Calculate both endpoints and use the earlier expiry.
Avoid
- Do not select whichever deadline is later or confuse this prosecution limitation with a civil claim or penalty-appeal period. Dates of commission and discovery need reliable evidence.
Glossary
- Commission date
- The starting event for the three-year limb.
- Discovery date
- The prosecutor’s discovery event for the two-year limb.
Frequently asked questions
Which of the two expiries controls?
Whichever occurs first.
Is the rule simply three years from discovery?
No. That is not the formula in the section.
Does this section state the civil suit limitation?
It concerns commencement of the specified prosecutions.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026