Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 146

146. (1) A person is guilty of an offence if, intentionally or recklessly, the
person:

   (a)  falsely applies a registered trade mark to goods that are being, or
        are to be, dealt with or provided in the course of trade; or

   (b)  falsely applies a registered trade mark in relation to 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 registered
        trade mark see section 6. Note 2: For the penalty for this offence see
        section 149.

(2) A person falsely applies a registered trade mark to goods, or in relation
to goods or services if the person applies the trade mark or 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 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.