A Trademark Falsified Or Falsely Applied Is A Cognizable Offence

The Trade Marks Act is probably the most important piece of legislation when it comes to combating counterfeit goods. It empowers the authorities to take action to prevent the infringement of both registered and unregistered trademarks and makes the falsification of a trademark and the application of a false description to goods or services a punishable offence. The legislation also empowers courts to grant interim injunction orders and restrain a defendant from disposing of its assets. In addition, it authorizes the police to enter premises in order to search for and seize goods involved in committing an offence. It also establishes prison terms and fines for infringers.

The falsification of trademarks related to food and drugs is a cognizable offence, which the police can investigate without permission from a court. Tata Tea Ltd (Respondent/complainant) lodged a complaint with the Assistant Commissioner of Police (Crime Branch) IPR Section, Delhi against unknown