Indian Penal Code, 1860
Section 480
repealedUsing a false trade mark.
Repealed by the Trade and Merchandise Marks Act, 1958 (43 of 1958), S. 135 and Sch.
Why this exists
Like section 478, this section originally punished using a false trade mark under the IPC. When trademark law was consolidated into its own dedicated statute in 1958, this criminal-code provision was removed, and trademark infringement -- including using a fake trade mark -- is now dealt with entirely under the Trade Marks Act, 1999. The IPC was repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023, which now governs these offences.
Common misconceptions
- Myth: Section 480 of the IPC can still be used to prosecute someone selling fake branded goods.
Fact: It was repealed in 1958; counterfeit trademark cases are prosecuted under the Trade Marks Act, 1999 today.