Under Section 115(1) of the Trade Marks Act, 1999 (prior to the decriminalisation of Section 107 by the Jan Vishwas (Amendment of Provisions) Act, 2023), for a court to take cognizance of an offence…

Under Section 115(1) of the Trade Marks Act, 1999, prior to the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force from 1 August 2024), cognizance by a court of an offence under Section 107 (falsely representing a trade mark as registered) could be taken only on a complaint in writing made by the Registrar of Trade Marks or an officer authorised by him in writing. Since August 2024, Section 107(2) has been decriminalised into a civil monetary penalty adjudicated by an adjudicating officer under Section 112A, before whom any person may file a complaint in Form-I under Rule 3 of the Trade Marks (Holding Inquiry and Appeal) Rules, 2024.