24 Penalty for falsely representing a trade mark as registered or Service No. 12 Trade and Service Marks 1986 57.-(1) Any person who makes a representation(a) with respect to a trade mark or service not being a registered trade or service mark to the effect that it is a registered trade or service mark; (b) with respect to a part of a registered trade or service mark not being a part separately registered as a trade or service mark to the effect that it is so registered; or (c) to the effect that a registered trade or service mark is registered in respect of any goods or services in respect of which it is not registered; or (d) to the effect that the registration of a trade or service mark gives an exclusive right to the use thereof in any circumstances in which, have regard to limitations entered in the register the registration does not give that right, shall be guilty of an offence and liable to a fine of fifty thousand shillings or; to imprisonment for a period not exceeding seven years or to both such fine and such imprisonment. (2) For the purposes of this section, the use in Tanzania in relation to a trade or service mark of the word ''registered'' or the symbol R, or of any other word or symbol referring whether expressly or impliedly, to registration, shall be deemed to import a reference to registration in the register, except(a) where that word or symbol is used in physical association with other words delineated in characters at least as large as those in which that word or symbol is delineated and indicating that the reference is to registration as a trade or service mark tinder the law of the country outside Tanzania, being a country under the law of which the registration referred to is in fact in force; (b) where that word (being a word other than the word ''registered'') or symbol is of itself such as to Indicate that the reference is to such registration as last aforesaid; or (c) where that word or symbol is used in relation to a trade or service mark under the law of a country outside Tanzania and in relation to goods or services to be exported to that country. Deceiving or influencing the Registrar or an officer Penalties 58. Any person who -(a) for the purpose of deceiving the Registrar or any other official of the Trade Mark Office in the execution of the provisions of this Act; or (b) for the purpose of procuring or influencing the doing or omission of anything in relation to this Act or any matter thereunder, makes or submits a false statement or representation, whether orally or in writing, knowing the same to be false, shall be guilty of an offence. 59. Save where otherwise provided in this Act, any person who is guilty of an offence under this Act shall be liable to a fine not exceeding a ten thousand shillings, or imprisonment for a period not exceeding three years, or to both such fine and such imprisonment.

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