Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 151

151. (1) A person must not intentionally or recklessly 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. Penalty: 60 penalty units.

(2) A person must not intentionally or recklessly 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. Penalty: 60 penalty units.

(3) A person must not intentionally or recklessly 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. Penalty: 60
penalty units.

(4) A person must not intentionally or recklessly 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. Penalty: 60 penalty units. Note
1: For registered trade mark and limitations see section 6. Note 2: The
Reader's Guide gives information about penalties (see the paragraphs under the
subheading Crimes Act 1914).

(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 in 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 in a country outside Australia; or

   (e)  the word or symbol is used in relation to goods that are to be
        exported to that country. Note: For use of a trade mark in relation to
        goods or services see subsections  7(4) and (5).