TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 159 False representations regarding trade marks

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 159

159.(1) A person must not make a representation to the effect that a trade
mark is a registered trade mark unless the person knows, or has reasonable
grounds to believe, that the trade mark is registered in Australia.

(2) A person must not make a representation to the effect that a part of a
registered trade mark is registered as a trade mark unless the person knows,
or has reasonable grounds to believe, that that part is registered as a trade
mark in Australia.

(3) A person must not make a representation to the effect that a trade mark is
registered in respect of goods or services unless the person knows, or has
reasonable grounds to believe, that the trade mark is registered in Australia
in respect of those goods or services.

(4) A person must not make a representation to the effect that the
registration of a trade mark gives exclusive rights to use the trade mark in
circumstances in which, having regard to conditions or limitations entered in
the Register, the registration does not give those rights unless the person
has reasonable grounds to believe that the registration does give those
exclusive rights.

(5) For the purposes of this section, the use in Australia in relation to a
trade mark:
(a) of the word "registered"; or

   (b)  of any other word or any symbol referring (either expressly or by
        implication) to registration; is taken to be a representation that the
        trade mark is registered in Australia in respect of the goods or
        services in relation to which it is used except if the trade mark is
        registered in a country other than Australia in respect of those goods
        or services and:

   (c)  the word or symbol by itself indicates that the trade mark is
        registered in that other country or a country outside Australia; or

   (d)  the word or symbol is used, together with other words or symbols of
        the same or a bigger size, to indicate that the trade mark is
        registered in that other country or a country outside Australia; or

   (e)  the word or symbol is used in relation to goods that are to be
        exported to that country. Penalty: 60 penalty units. Note: The
        Reader's Guide gives information about penalties (see the paragraphs
        under the subheading Crimes Act 1914).