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Sec 105, Trade Marks Act 1999: Enhanced penalty on second or subsequent conviction

Section 105 (Enhanced penalty on second or subsequent conviction) under Chapter XII (Offences, Penalties and Procedure) of Trade Marks Act 1999 ⦂‒

❝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 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.❞

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