Trade Marks Ordinance, 2001 — section 102

102. Penalty for falsely representing a trade mark as registered..—_(1) No person shall make any representation

(a)with respect to a mark not being a registered trade mark, to the effect that it is a registered trade mark;

(b)with respect to a part of a registered trade mark not being a part separately registered as a trade mark, to the effect that it is separately registered as a trade mark;

(c)to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not, in fact, registered; or

(d)to the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the Register, the registration does not, in fact, give that right.

(2)If any person contravenes any of the provisions of sub-section (1), he shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to six months, or with fine which shall not be less then twenty thousand rupees, or with both.

(3)For the purposes of this section, the use in Pakistan in relation to a trade mark of the word “registered”, or of any other expression referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the Register, except

(a)where that word or other expression is used in direct association with other words delineated in characters at least as large as those in which that word or other expression is delineated and indicating that the reference is to registration as a trade mark under the laws of a country other than Pakistan, being a country under the laws of which the registration referred to is, in fact, in force;

(b)where that other expression is of itself such as to indicate that the reference is to such registration as is mentioned in clause (a); or

(c)where that word is used in relation to a mark registered as a trade mark under the laws of a country other than Pakistan and in relation solely to goods or services to be exported to that country.

(4)The Registrar may, either suo moto or upon a complaint in writing made to him, call upon any person who is allegedly contravening any of the provisions of clauses (a) to (d) of sub-section

(1)to show cause as to why action should not be taken against him: Provided that power of the Registrar shall be limited to the imposition of fine as provided under sub-section (2) or, if pending, to refusal of application for registration of the trade mark, or if the trade mark is registered, to invalidation of the registration, or any combination thereof, as the case may be.