Trade Marks Act · s 102

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)

102.
Unauthorised use of Royal arms etc.
(1) A person shall not without the authority of His Majesty the
Sultan and Yang Di-Pertuan cause or permit to appear on a trade mark used by him in connection with any business —
(a) a representation of the Emblem, Arms and Regalia of
Brunei Darussalam, including the Royal Arms, State Crest, the
Insignia of Royalty, armorial bearings and other insignia and emblems of Brunei Darussalam, or any device so closely resembling any of them as to be likely to deceive in such manner as to be likely to lead to the belief that he has been authorised to use them or any of them;

Trade Marks
(b) any name or thing which is a specified name or specified emblem as defined in section 2 of the Emblems and Names
(Prevention of Improper Use) Act (Chapter 94).
(2) A person shall not without the authority of His Majesty the
Sultan and Yang Di-Pertuan, a member of the Royal family or the
Government use or permit to be used in connection with any business any arms, device, emblem or title in such manner as to be likely to lead to the belief that he is employed by or supplies goods or services to His Majesty the
Sultan and Yang Di-Pertuan, that member of the Royal family or, as the case may be, the Government.
(3) Contravention of subsection (1) or (2) may be restrained by injunction in proceedings brought by —
(a) any person who is authorised to use the arms, device, emblem or title; or
(b) any person authorised by the Adat Istiadat Officer to take such proceedings.
(4) Nothing in this section affects any right of any person who was, on the commencement of this Act the proprietor of a trade mark containing any such arms, device, emblem or title to continue to use that trade mark.
(5) Any person who imports, sells or exposes, or has in his possession for sale or for any purpose of business or manufacture any goods or thing to which a trade mark bearing any matter prohibited by subsection (1) or (2) has been applied is guilty of an offence and liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 5 years or both, and shall forfeit any goods to which the trade mark bearing that matter has been applied.

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 102Unauthorised use of Royal arms etc.

(1)

A person shall not without the authority of His Majesty the

Sultan and Yang Di-Pertuan cause or permit to appear on a trade mark used by him in connection with any business —

(a)

a representation of the Emblem, Arms and Regalia of

Brunei Darussalam, including the Royal Arms, State Crest, the

Insignia of Royalty, armorial bearings and other insignia and emblems of Brunei Darussalam, or any device so closely resembling any of them as to be likely to deceive in such manner as to be likely to lead to the belief that he has been authorised to use them or any of them;

Trade Marks

(b)

any name or thing which is a specified name or specified emblem as defined in section 2 of the Emblems and Names

(Prevention of Improper Use) Act (Chapter 94).

(2)

A person shall not without the authority of His Majesty the

Sultan and Yang Di-Pertuan, a member of the Royal family or the

Government use or permit to be used in connection with any business any arms, device, emblem or title in such manner as to be likely to lead to the belief that he is employed by or supplies goods or services to His Majesty the

Sultan and Yang Di-Pertuan, that member of the Royal family or, as the case may be, the Government.

(3)

Contravention of subsection (1) or (2) may be restrained by injunction in proceedings brought by —

(a)

any person who is authorised to use the arms, device, emblem or title; or

(b)

any person authorised by the Adat Istiadat Officer to take such proceedings.

(4)

Nothing in this section affects any right of any person who was, on the commencement of this Act the proprietor of a trade mark containing any such arms, device, emblem or title to continue to use that trade mark.

(5)

Any person who imports, sells or exposes, or has in his possession for sale or for any purpose of business or manufacture any goods or thing to which a trade mark bearing any matter prohibited by subsection (1) or (2) has been applied is guilty of an offence and liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 5 years or both, and shall forfeit any goods to which the trade mark bearing that matter has been applied.