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TRADE MARKS ACT 1995 - SECT 146

Falsely applying a registered trade mark

Indictable offence

  (1)   A person commits an offence if:

  (a)   the person applies a mark or sign to goods, or in relation to goods or services; and

  (b)   the goods or services are being, or are to be, dealt with or provided in the course of trade; and

  (c)   the mark or sign is, or is substantially identical to, the registered trade mark; and

  (d)   the person applies the mark or sign without:

  (i)   the permission of the registered owner, or an authorised user, of the trade mark; or

  (ii)   being required or authorised to do so by this Act, a direction of the Registrar or an order of a court.

Penalty:   Imprisonment for 5 years or 550 penalty units, or both.

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

Note 2:   For authorised user see section   8.

Note 3:   International trade marks may be protected under the regulations: see Part   17A.

Summary offence

  (2)   A person commits an offence if:

  (a)   the person applies a mark or sign to goods, or in relation to goods or services; and

  (b)   the goods or services are being, or are to be, dealt with or provided in the course of trade; and

  (c)   the mark or sign is, or is substantially identical to, the registered trade mark; and

  (d)   the person applies the mark or sign without:

  (i)   the permission of the registered owner, or an authorised user, of the trade mark; or

  (ii)   being required or authorised to do so by this Act, a direction of the Registrar or an order of a court.

Penalty:   Imprisonment for 12 months or 60 penalty units, or both.

  (3)   The fault element for paragraphs   (2)(b), (c) and (d) is negligence.


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