Act 17
Trademarks Act
2010
knowing that the trademark is registered or reckless whether or not
the trademark is registered, commits an offence and is liable on
conviction to a fine not exceeding one hundred and twenty currency
points or imprisonment not exceeding five years or both.
(2) For the purposes of subsection (1), a person falsifies a
registered trademark if the person—
(a) alters or defaces it;
(b) makes any addition to it; or
(c) partly removes, erases or obliterates it,
without the permission of the registered owner or an authorised user of
the trademark, and without being required or authorised to do so by this
Act, or without direction from the registrar or an order of a court.
(3) For the purposes of subsection (1) a person unlawfully
removes a registered trademark if the person wholly removes, erases
or obliterates it—
(a) without the permission of the registered owner or an
authorised user of the trademark; and
(b) without being required or authorised to do so by the Act, or
without a direction from the registrar or an order of the court.
75. Falsely applying a registered trademark.
(1) A person who—
(a) falsely applies a registered trademark to goods that are
being or are to be dealt with or provided in the course of
trade; or
(b) falsely applies a registered trademark in relation to goods or
services that are being or are to be dealt with or provided in
the course of trade, knowing that the trademark is
registered or reckless whether or not the trademark is
registered,
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