s 146

Falsely applying a registered trade mark

In force

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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