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Chapter XIII - Miscellaneous

Section 123

Section 123: Public-servant status

Persons appointed under the Act are deemed public servants by the stated statutory reference.

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Need advice on Section 123?

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.

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Statutory text

Bare law

Every person appointed under this Act *** shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Rule and business relevance

The provision concerns appointment under this Act. The quoted consolidation retains a reference to section 21 of the Indian Penal Code; present criminal-law application must account for the applicable repeal and transition framework.

Limits and related provisions

Do not treat this as conferring public-servant status on every private trade marks agent, or silently substitute a modern section number without checking the law.

Hypothetical business example

Hypothetical example: A business reviewing official conduct checks whether the person was appointed under the Act and obtains advice on the current legal consequences of that status.

Practical decision flow

Verify the appointment and statutory capacity.

Read the status provision with the applicable current criminal-law framework.

Distinguish an appointed official from a privately engaged representative.

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

  • Verify the appointment and statutory capacity.
  • Read the status provision with the applicable current criminal-law framework.
  • Distinguish an appointed official from a privately engaged representative.

Avoid

  • Do not treat this as conferring public-servant status on every private trade marks agent, or silently substitute a modern section number without checking the law.

Glossary

Deemed status
A legal status assigned by the statutory provision.
Appointment under the Act
The qualification identifying the persons covered.

Frequently asked questions

Does it cover all private advisers?

The section concerns persons appointed under the Act.

Does the quote use an older criminal-code reference?

Yes. Apply the relevant current transition and savings law when assessing its consequences.

Does the provision itself list an offence?

It confers the specified status rather than defining a separate offence.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026