law: Trade Marks Act, 1999  
  105. Enhanced penalty on second or subsequent
  
  conviction .- 
  Whoever having already been convicted of an
  
  offence under section 103 or section 104 is again convicted of any such offence
  
  shall be punishable for the second and for every subsequent offence, with
  
  imprisonment for a term which shall not be less than one year but which may
  
  extend to three years and with fine which shall not be less than one lakh
  
  rupees but which may extend to two lakh rupees.
  Provided  that the court may, for adequate and
  
  special reason to be mentioned in the judgment, impose a sentence of
  
  imprisonment for a term of less than one year or a fine of less than one lakh
  
  rupees.
  Provided  further that for the purposes of this
  
  section, no cognizance shall be taken of any conviction made before the
  
  commencement of this Act.