Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 146

             (1)  A person is guilty of an offence if the person:

                     (a)  falsely applies a registered trade mark to goods that are being, or are to be, dealt with or provided in the course of trade; or

                     (b)  falsely applies a registered trade mark in relation to goods or services that are being, or are to be, dealt with or provided in the course of trade;

knowing that the trade mark is registered or reckless of whether or not the trade mark is registered.

Note 1:       For registered trade mark see section 6.

Note 2:       For the penalty for this offence see section 149.

Note 3:       In addition, the regulations may provide for the effect of a protected international trade mark: see Part 17A.

             (2)  A person falsely applies a registered trade mark to goods, or in relation to goods or services if the person applies the trade mark or a sign substantially identical with it to the goods or in relation to the goods or services:

                     (a)  without the permission of the registered owner, or of an authorised user, of the trade mark; and

                     (b)  without being required or authorised to do so by this Act, a direction of the Registrar or an order of a court.

Note 1:       For registered trade mark and registered owner see section 6.

Note 2:       For authorised user see section 8.