Trade Marks Act · s 19

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19.
Meaning of “infringing goods, material or articles”
(1) Goods are “infringing goods”, in relation to a registered trade mark, if they or their packaging bear a sign identical or similar to that mark and —
(a) the application of the sign to the goods or their packaging was an infringement of the registered trade mark;
(b) the goods are proposed to be imported and the application of the sign in Brunei Darussalam to them or their packaging would be an infringement of the registered trade mark; or
(c) the sign has otherwise been used in relation to the goods in such a way as to infringe the registered trade mark.

Trade Marks
(2) Material is “infringing material”, in relation to a registered trade mark, if it bears a sign identical with or similar to that mark and either —
(a) it is used for labelling or packaging goods, as a business paper or for advertising goods or services, in such a way as to infringe the registered trade mark; or
(b) it is intended to be so used and such use would infringe the registered trade mark.
(3) “Infringing articles”, in relation to a registered trade mark, means articles —
(a) which are specifically designed or adapted for making copies of a sign identical or similar to that mark; and
(b) which a person has in his possession, custody or control, knowing or having reason to believe that they have been or are to be used to produce infringing goods or infringing material.

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s 19Meaning of “infringing goods, material or articles”

(1)

Goods are “infringing goods”, in relation to a registered trade mark, if they or their packaging bear a sign identical or similar to that mark and —

(a)

the application of the sign to the goods or their packaging was an infringement of the registered trade mark;

(b)

the goods are proposed to be imported and the application of the sign in Brunei Darussalam to them or their packaging would be an infringement of the registered trade mark; or

(c)

the sign has otherwise been used in relation to the goods in such a way as to infringe the registered trade mark.

Trade Marks

(2)

Material is “infringing material”, in relation to a registered trade mark, if it bears a sign identical with or similar to that mark and either —

(a)

it is used for labelling or packaging goods, as a business paper or for advertising goods or services, in such a way as to infringe the registered trade mark; or

(b)

it is intended to be so used and such use would infringe the registered trade mark.

(3)

“Infringing articles”, in relation to a registered trade mark, means articles —

(a)

which are specifically designed or adapted for making copies of a sign identical or similar to that mark; and

(b)

which a person has in his possession, custody or control, knowing or having reason to believe that they have been or are to be used to produce infringing goods or infringing material.