Section 115 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 115 does four things. It says who must complain before a court takes cognizance of certain offences, which magistrates may try offences under the Act, which offences are cognizable, and how a senior police officer may search and seize without a warrant, after taking the Registrar's opinion. Brand owners dealing with counterfeits use sub-sections (3) to (5) most; a legal dispute resolution adviser can plan the sequence.
Offences under sections 103, 104 and 105 are cognizable. A police officer not below the rank of Deputy Superintendent of Police or equivalent may search and seize without warrant the goods, dies, blocks, machines, plates and other things, but must first obtain the Registrar's opinion on the trade mark facts and abide by it. A person with an interest may apply within fifteen days of seizure for restoration. Trial is by a Metropolitan Magistrate or Judicial Magistrate of the First Class or above.
Sub-section (1): complaint by the Registrar
Sub-section (1) reads: "No court shall take cognizance of an offence under Section 107 or Section 108 or Section 109 except on complaint in writing made by the Registrar or any officer authorised by him in writing."
A proviso adds that, in relation to clause (c) of section 107(1), a court shall take cognizance on the basis of a certificate issued by the Registrar that a registered trade mark has been represented as registered in respect of goods or services for which it is not in fact registered.
A point to note. Sections 108 and 109 were omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, and section 107(2) now carries a penalty in place of imprisonment or fine; see sections 106–109. The Jan Vishwas Act does not mention section 115, so the words of sub-section (1) still name sections 107, 108 and 109. The Act does not say how that complaint requirement works with the penalty route in sections 112A and 112B, so take advice if a section 107 matter arises.
Sub-section (2): which court tries
"No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the First Class shall try an offence under this Act."
Sub-section (3): cognizable offences
"The offences under Section 103 or Section 104 or Section 105 shall be cognizable." For what those sections cover, read sections 103–105. Cognizable means the police need not wait for a magistrate's order to act on information; the sub-section does not elaborate and neither do we.
Sub-section (4): search and seizure without warrant
| Element | Text |
|---|---|
| Who | Any police officer not below the rank of Deputy Superintendent of Police or equivalent |
| Condition | He is satisfied that any offence referred to in sub-section (3) has been, is being, or is likely to be, committed |
| Power | Search and seize without warrant the goods, die, block, machine, plate, other instruments or things involved in committing the offence, wherever found |
| After seizure | All articles seized are to be produced as soon as practicable before a Judicial Magistrate of the First Class or Metropolitan Magistrate, as the case may be |
The proviso: the Registrar's opinion first
"Provided that the police officer, before making any search and seizure, shall obtain the opinion of the Registrar on facts involved in the offence relating to trade mark and shall abide by the opinion so obtained."
This is a precondition. The officer must obtain the opinion before the search and seizure, and must follow it. The section does not say how the opinion is requested, whether it must be written, or in what time it is given. It does not name a form or a fee.
Sub-section (5): restoration of seized articles
"Any person having an interest in any article seized under sub-section (4), may, within fifteen days of such seizure, make an application to the Judicial Magistrate of the First Class or Metropolitan Magistrate, as the case may be, for such article being restored to him and the Magistrate, after hearing the applicant and the prosecution, shall make such order on the application as he may deem fit."
| Step | Detail |
|---|---|
| Who may apply | Any person having an interest in a seized article |
| Time | Within fifteen days of seizure |
| Before whom | Judicial Magistrate of the First Class or Metropolitan Magistrate, as the case may be |
| Hearing | The applicant and the prosecution |
| Order | "As he may deem fit" |
Example. A police officer of the rank of Deputy Superintendent receives information that cartons carrying the mark "HERITAGE TEA" are being packed at a godown. Before searching, the officer obtains the Registrar's opinion on the trade mark facts. The officer then searches, seizes the cartons, a printing block and a packing machine, and produces them before a Judicial Magistrate of the First Class. The godown owner, claiming the packing machine is hers and was let on hire, applies for its restoration on the twelfth day after seizure. The Magistrate hears her and the prosecution and passes an order. Had she applied on the twentieth day, sub-section (5) would not cover her application; the text says nothing about later applications.
Criminal procedure note
Section 115 does not itself cite the Code of Criminal Procedure, 1973 or the Indian Penal Code. Where the wider criminal process refers to them, note that from 1 July 2024 they were replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Nyaya Sanhita (BNS). We give no new section numbers.
Practical points
- A brand owner reporting counterfeits should be ready to give the Registrar's office the trade mark facts the police will need to obtain an opinion.
- A seized party should diarise the fifteen days from the date of seizure.
- Interest in an article is enough to apply; the applicant need not be the accused.
- The power to seize extends to "wherever found".
Need help with a seizure or a counterfeit complaint?
Whether you want goods seized from a counterfeiter or you are trying to recover articles seized from you, the fifteen-day window and the Registrar's opinion shape the steps. Our legal dispute resolution team can advise on either side.
Key takeaways
- Offences under sections 103, 104 and 105 are cognizable.
- A police officer of Deputy Superintendent rank or above may search and seize without warrant, after obtaining and abiding by the Registrar's opinion.
- Seized articles go before a Judicial Magistrate of the First Class or Metropolitan Magistrate; an interested person may apply for restoration within fifteen days.
- Sub-section (1) still names sections 107, 108 and 109; sections 108 and 109 are omitted and 107(2) now carries a penalty.
Read next
- Sections 116–118: evidence of origin, costs and limitation of prosecution
- Section 114: offences by companies
- Border measures: customs seizure of counterfeit goods
- Criminal offences under the Trade Marks Act: sections 103–105
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.