Define Property Mark. Define the offence of ‘using a false property mark’.

Question: Define ‘property mark’. Define the offence of ‘using a false property mark’.

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Answer

Section 479 defines a property mark as ‘denoting a mark made on a movable property,’ which denotes that it belongs to a particular person carrying the implication that it differentiates the right of other people to the same property. The object of such a provision is clear in that it protects one’s goods from fraudulent imitation by others.

The essential principle underlying this branch of law is that no one is entitled to present goods belonging to someone else as his own, and thereby give an impression that the goods he is representing, actually belong to him. Thus, no person is permitted to use the marks, symbols, signs, or devices of another without permission, thereby deceiving the potential customer or client by false representation.

Section 481 elaborates the provision for using a false property mark—

Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods, contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.

Such an act is made punishable by section 482 for using a false property mark. Therefore, a mark used for denoting that any movable property belongs to a particular person is called ‘property mark’.

A person is said to use a false property mark:

1. If he – marks any movable property or goods or any case, package, other receptacle containing movable property or goods; or uses any case, package, or another receptacle, having any mark thereon;
2. In a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong (section 481);
3. In such a context, the offender becomes liable for imprisonment for one year or fine or both (section 482).

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