Chapter XIII - Miscellaneous
Section 126
Section 126: Implied warranty for marked supplies
A seller is ordinarily deemed to warrant that the mark is genuine and not falsely applied, or that the trade description is not false.
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Need advice on Section 126?
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
Where a mark or a trade mark or trade description has been applied to the goods on sale or in the contract for sale of any goods or in relation to any service, the seller shall be deemed to warrant that the mark is a genuine mark and not falsely applied, or that the trade description is not a false trade description within the meaning of this Act unless the contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of goods or providing of services on contract to and accepted by the buyer.
Rule and business relevance
The stated exception requires a contrary written expression signed by or for the seller, delivered at the relevant transaction time and accepted by the buyer. The provision extends to the specified goods and service transactions.
Limits and related provisions
A disclaimer buried later in an invoice may not meet the timing and acceptance conditions. This warranty rule also does not authorise counterfeit conduct or displace other applicable obligations.
Hypothetical business example
Hypothetical example: A business buys branded goods and relies on the statutory authenticity warranty. Any claimed exclusion is checked for signature, timely delivery and buyer acceptance.
Practical decision flow
Identify the mark or description used for the supply.
Review any contrary writing, its signature and delivery timing.
Check buyer acceptance and other relevant legal obligations.
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 mark or description used for the supply.
- Review any contrary writing, its signature and delivery timing.
- Check buyer acceptance and other relevant legal obligations.
Avoid
- A disclaimer buried later in an invoice may not meet the timing and acceptance conditions. This warranty rule also does not authorise counterfeit conduct or displace other applicable obligations.
Glossary
- Implied warranty
- The authenticity assurance the statute supplies by default.
- Accepted contrary writing
- The form of exception described in the section.
Frequently asked questions
Is an oral exclusion the stated exception?
No. The section requires the specified signed writing and acceptance.
Does it concern services as well?
The text includes the described service transactions.
Does excluding this warranty legalise a false mark?
No. Other substantive obligations and liabilities must still be assessed.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026