(1) Punishment for using a false trade-mark or property mark unless the accused proves that he acted without intent to defraud Imprisonment upto one year or fine or both. (Section 482).
(2) Counterfeiting a trade-mark or property-mark used by another Imprisonment upto 2 years or fine or both. (Section 483).
(3) Counterfeiting a mark used by a public servant denoting manufacture by, time or place or quality or exemption or that the article has passed through a particular office Imprisonment upto 3 years and fine. (Section 484).
(4) Making or possession of any instrument for counterfeiting a trade-mark or property-mark or possessing any such mark for purposes of misrepresentation Imprisonment upto 3 years or fine or both. (Section 485).
(5) Selling, exposing or possessing for sale of goods marked with a counterfeit trade mark or property mark Imprisonment upto one year or fine or both. (Section 486). If the accused proves that he took all necessary precautions and has no reason to suspect the genuineness of the mark and that he gave all information in his power about the person from whom he obtained such goods or things, or that he otherwise acted innocently, the accused would not be guilty of an offence under this section.
(6) Making a false mark upon any receptacle containing goods Imprisonment upto 3 years or fine or both (Section 487).
(7) Punishment for making use of any such false mark Punishment same as if he had such marks, i.e., as under Section 487 (Section 488).
(8) Tampering with property mark with intent to cause injury Imprisonment upto one year or fine or both (Section 489).
Is a mark of denoting that movable property belongs to a particular person (Section 479). It denotes who is the owner of thing while a trade-mark tells us about the thing itself.
Using a false trade-mark:
Consists in making any movable property or goods or any case, package or other receptacle containing movable property or goods or (1) using any case, package or other receptacle having any mark thereon, (2) in a manner reasonably calculated to cause it to be believed that the goods marked or contained in any such receptacle so marked, (3) have a connection in the course of trade with a person with whom they have not any such connection. (Section 480).
The test is not that the trade-mark in question is an exact or substantial copy of the trade-mark used by the complainant, but whether the imitation of the trade-mark of the complainant has been done in a manner likely to cause the trade-mark in question to be mistaken for the trade-mark of the complainant.
It is the totality of the impression which is likely to be left by the trade-mark in the mind of a probable purchaser that has to be considered. The differences on non-essential points are not important.