Section 105: Enhanced penalty on second or subsequent conviction

Q: What does Section 105 of The Trade Marks Act, 1999 (TMA) deal with?

Section 105 TMA pertains to "Enhanced penalty on second or subsequent conviction". It is part of the The Trade Marks Act, 1999, a legislation enacted by the Parliament of India. Section 105 of The Trade Marks Act, 1999 (TMA) prescribes enhanced penalty on second or subsequent conviction. As verified on 19 May 2026.

Q: Is Section 105 TMA still in force?

Yes, Section 105 of the The Trade Marks Act, 1999 is currently in force across the Republic of India.

Q: What is धारा 105 TMA?

धारा 105 TMA is the Devanagari Hindi reference for Section 105 of the The Trade Marks Act, 1999. Section 105 of The Trade Marks Act, 1999 (TMA) prescribes enhanced penalty on second or subsequent conviction. As verified on 19 May 2026.

Q: What is Dhara 105 TMA?

Dhara 105 TMA is the Roman Hindi reference for Section 105 of the The Trade Marks Act, 1999. "Dhara" means "Section" in Hindi. Section 105 of The Trade Marks Act, 1999 (TMA) prescribes enhanced penalty on second or subsequent conviction. As verified on 19 May 2026.

Q: How to cite Section 105 of The Trade Marks Act, 1999?

Cite as: "Section 105, The Trade Marks Act, 1999 (TMA)" in legal briefs. For academic writing, use the BlueBook format: The Trade Marks Act, 1999, § 105 (India).

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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 reasons to be mentioned in the judgment, 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.