Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 148

                   A person is guilty of an offence if the person intentionally:

                     (a)  sells goods; or

                     (b)  exposes goods for sale; or

                     (c)  has goods in his or her possession for the purpose of trade or manufacture; or

                     (d)  imports goods into Australia for the purpose of trade or manufacture;

knowing that, or reckless of whether or not:

                     (e)  a falsified registered trade mark is applied to them or in relation to them; or

                      (f)  a registered trade mark has been unlawfully removed from them; or

                     (g)  a registered trade mark is falsely applied to them or in relation to them.

Note 1:       For registered trade mark see section 6.

Note 2:       For applied to or in relation to goods see section 9.

Note 3:       For the penalty for this offence see section 149.

Note 4:       In addition, the regulations may provide for the effect of a protected international trade mark: see Part 17A.