Section 105 of TMA : Section 105: Enhanced Penalty On Second Or Subsequent Conviction
TMA
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Explanation using Example
Imagine Mr. Smith, who owns a small business and has been previously convicted under section 103 of the Trade Marks Act, 1999 for using a counterfeit trademark. Despite his first conviction, he continues to use counterfeit trademarks in his business operations. He is caught again and brought to court.
According to Section 105 of the Trade Marks Act, 1999, since this is Mr. Smith's second offence, he is liable to face imprisonment for a ...
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