Trade Marks Act · s 98

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 98Counterfeiting trade mark used by another

(1)

Any person who counterfeits any trade mark used by any other person is guilty of an offence and liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 5 years or both.

(2)

A person is deemed to counterfeit a trade mark if he —

(a)

without the consent of the proprietor of the trade mark, makes that trade mark or a mark so;

(b)

nearly resembling that trade mark as to be calculated to deceive; or

(c)

falsifies any genuine trade mark whether by alteration, addition, effacement or otherwise.

(3)

In any prosecution under this section, the burden of proving the consent of the proprietor shall lie on the defendant.