Chapter XIII - Miscellaneous
Section 140
Section 140: Customs information about falsely marked imports
The section combines a registered-right holder’s import notice with Customs powers to obtain documents and supply-chain information about qualifying falsely marked goods.
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Need advice on Section 140?
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) The proprietor or a licensee of a registered trade mark may give notice in writing to the Collector of Customs to prohibit the importation of any goods if the import of the said goods constitute infringement under clause (c) of sub-section (6) of section 29.
(2) Where goods, which are prohibited to be imported into India by notification of the Central Government under clause (n) of sub-section (2) of section 11 of the Customs Act, 1962 (52 of 1962), for the protection of trade marks, and are liable to confiscation on importation under that Act, are imported into India, the Commissioner of Customs if, upon representation made to him, he has reason to believe that the trade mark complained of is used as a false trade mark, may require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods and to furnish information as to the name and address of the person by whom the goods were consigned to India and the name and address of the person to whom the goods were sent in India.
(3) The importer or his agent shall, within fourteen days, comply with the requirement as aforesaid, and if he fails to do so, he shall be liable to penalty of ten thousand rupees:
Provided that the penalty under this section shall be levied and recovered by such authority under the Customs Act, 1962 (52 of 1962) for this purpose.
(4) Any information obtained from the importer of the goods or his agent under this section may be communicated by the Commissioner of Customs to the registered proprietor or registered user of the trade mark which is alleged to have been used as a false trade mark.
Rule and business relevance
The importer or agent must comply with the specified requirement within fourteen days, with a ₹10,000 penalty for failure under the stated Customs levy and recovery process. Obtained information may be communicated to the registered proprietor or registered user.
Limits and related provisions
Do not assume every brand allegation establishes an import prohibition. Check infringement under section 29(6)(c), the notified Customs framework and the conditions for the information demand.
Hypothetical business example
Hypothetical example: Customs requires import documents and consignor and consignee details for goods meeting the statutory conditions. The importer records the demand and responds within fourteen days.
Practical decision flow
Check the registered right, import allegation and applicable Customs notification.
Identify the required documents and consignor and consignee information.
Respond within fourteen days and retain proof of compliance.
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
- Check the registered right, import allegation and applicable Customs notification.
- Identify the required documents and consignor and consignee information.
- Respond within fourteen days and retain proof of compliance.
Avoid
- Do not assume every brand allegation establishes an import prohibition. Check infringement under section 29(6)(c), the notified Customs framework and the conditions for the information demand.
Glossary
- Import notice
- The written notice available to a proprietor or licensee under subsection (1).
- Information requirement
- The qualified Customs demand described in subsection (2).
Frequently asked questions
What response period does subsection (3) state?
Fourteen days.
What penalty does it specify for failure?
₹10,000 under the stated Customs authority process.
Can Customs share the obtained information with the right holder?
Subsection (4) allows communication to the registered proprietor or registered user.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026