Chapter XII - Offences, Penalties and Procedure
Section 121
Section 121: Permissible variations in goods
The Central Government may notify permissible limits of variation in number, quantity, measure, gauge or weight for recognition by criminal courts.
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Need advice on Section 121?
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 Central Government may, by notification in the Official Gazette, issue instructions for the limits of variation, as regards number, quantity, measure, gauge or weight which are to be recognised by criminal courts as permissible in the case of any goods.
Rule and business relevance
The provision is a power to issue Gazette instructions. The actual applicable allowance must come from a relevant notification, not an assumed general trade tolerance.
Limits and related provisions
Do not invent a percentage tolerance from this enabling section or treat it as a complete Legal Metrology compliance rule. Check the goods and the exact current notification.
Hypothetical business example
Hypothetical example: A prosecution involves a stated quantity variation. The parties locate any applicable Gazette instruction and test the measurement against its actual scope.
Practical decision flow
Identify the goods and type of variation.
Locate the applicable Gazette instruction, if any.
Compare the proven measurements and notification limits in the proceeding.
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 goods and type of variation.
- Locate the applicable Gazette instruction, if any.
- Compare the proven measurements and notification limits in the proceeding.
Avoid
- Do not invent a percentage tolerance from this enabling section or treat it as a complete Legal Metrology compliance rule. Check the goods and the exact current notification.
Glossary
- Permissible variation
- A limit recognised through the notified instructions.
- Enabling power
- Authority to issue instructions rather than a numeric tolerance in the section itself.
Frequently asked questions
Does the section specify one universal percentage?
No. It empowers notified instructions.
Which measurements are listed?
Number, quantity, measure, gauge and weight.
Can a trade custom replace checking the notification?
The statutory mechanism is the Central Government’s Gazette instruction.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026