TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 154 Falsifying etc. a registered trade mark

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 154

154.(1) If a person, knowing that a trade mark is registered, falsifies or
unlawfully removes a representation of the trade mark applied to any goods, or
in relation to any goods or services, dealt with or provided in the course of
trade, the person is guilty of an offence punishable on conviction by
imprisonment not exceeding 2 years.

(2) A person falsifies a representation of a registered trade mark if the
person:

   (a)  alters or defaces it; or

   (b)  makes any addition to it; or

   (c)  partly removes, erases or obliterates it; without the permission of
        the registered owner, or a registered user, of the trade mark and
        without being required or authorised to do so by this Act, a direction
        of the Registrar or an order of a court.

(3) A person unlawfully removes a representation of a registered trade mark if
the person removes it:

   (a)  without the permission of the registered owner, or a registered 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.

(4) In a prosecution for an offence against subsection (1), if having regard
to:

   (a)  a person's abilities, experience, qualifications and other attributes;
        and

   (b)  all the circumstances surrounding the alleged contravention of that
        subsection; the person ought reasonably to have known that the
        trade mark is a registered trade mark, the person is taken to have
        known that the trade mark is a registered trade mark.