Section 105
Enhanced penalty on second or subsequent conviction.
About this Act
An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.
Whoever having already been convicted
of an offence under section 103 or section 104 is again convicted of any such offence shall be punishable
for the second and for every subsequent offence, with imprisonment for a term which shall not be less
than one year but which may extend to three years and with fine which shall not be less than one lakh
rupees but which may extend to two lakh rupees:
Provided that the court may, for adequate and special reason to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees:
Provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of this Act.
Provided that the court may, for adequate and special reason to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees:
Provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of this Act.