(1) Amark used for denoting that movable property belongs to a particular person is called a property mark.
(2) 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.
(3) Whoever uses any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Legal Commentary & Landmark Judgments: Section 345
Section 345 penalises using a false property mark, punishing anyone who marks any movable property or case/package with a mark in a manner reasonably calculated to cause it to be believed that the property belongs to a person to whom it does not belong.
Examine the design similarity between the genuine mark and the seized mark. Defence can establish that the mark was an independent design adopted without deceptive intent.