Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 145

145. (1) A person is guilty of an offence if, intentionally or recklessly, the
person falsifies or unlawfully removes a trade mark that:

   (a)  has been applied to any goods that are being, or are to be, dealt with
        or provided in the course of trade; or

   (b)  has been applied in relation to any goods or services that are being,
        or are to be, dealt with or provided in the course of trade; knowing
        that the trade mark is registered or reckless of whether or not the
        trade mark is registered. Note 1: For applied to goods and applied in
        relation to goods or services see section 9. Note 2: For the penalty
        for this offence see section 149.

(2) A person falsifies 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 an authorised 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. Note 1: For registered trade
        mark and registered owner see section 6. Note 2: For authorised user
        see section 8.

(3) A person unlawfully removes a registered trade mark if the person wholly
removes, erases or obliterates it:

   (a)  without the permission of the registered owner, or an authorised 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. Note 1: For registered trade
        mark and registered owner see section 6. Note 2: For authorised user
        see section 8.