TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 155
Falsely applying a registered trade mark
TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 155
Falsely applying a registered trade mark
155.(1) A person must not falsely apply a representation of a registered
trade mark to goods, or in relation to goods or services, dealt with or
provided in the course of trade. Penalty: Imprisonment for 2 years. Note: The
Reader's Guide gives information about penalties (see the paragraphs under the
subheading Crimes Act 1914).
(2) A person falsely applies a representation of a registered trade mark to
goods, or in relation to goods or services if the person applies a
representation of the trade mark or of 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 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.