Fair Trading Act 1986

16 Certain conduct in relation to trade marks prohibited

• (1) No person shall, in trade,—

  • (a) forge any trade mark; or

  • (b) falsely apply to any goods any trade mark or sign so nearly resembling a trade mark as to be likely to mislead or deceive; or

  • (c) falsely use in relation to the provision of services any trade mark or sign so nearly resembling a trade mark as to be likely to mislead or deceive.

  (2) For the purposes of this section a person shall be deemed to forge a trade mark if that person—

  • (a) without the consent of the proprietor of the trade mark, makes that trade mark or a sign so nearly resembling that trade mark as to be likely to mislead or deceive; or

  • (b) falsifies any genuine trade mark, whether by alteration, effacement or otherwise.

  (3) For the purposes of this Part—

  sign includes—

  • (a) a brand, colour, device, heading, label, letter, name, numeral, signature, smell, sound, taste, ticket, or word; and

  • (b) any combination of signs

  trade mark means a trade mark within the meaning of the Trade Marks Act 2002; and includes,—

  • (a) in the case of goods, any sign used upon or in connection with the goods for the purpose of indicating that they are—

    • (i) goods of the proprietor of the sign by virtue of manufacture, selection, certification, dealing with, or offering to supply; or

    • (ii) goods of a member of a body of persons that is the proprietor of the sign; or

    • (iii) goods certified by the proprietor of the sign in respect of origin, material, mode of manufacture, quality, accuracy, or other characteristic; and

  • (b) in the case of services, any sign used in connection with the provision of the services for the purpose of indicating that they are—

    • (i) services of the proprietor of the sign; or

    • (ii) services of a member of a body of persons that is the proprietor of the sign.

  Section 16(1): substituted, on 1 May 1988, by section 33(1) of the Trade Marks Amendment Act 1987 (1987 No 156).

  Section 16(1)(b): amended, on 1 January 1995, by section 2 of the Fair Trading Amendment Act 1994 (1994 No 124).

  Section 16(1)(c): amended, on 1 January 1995, by section 2 of the Fair Trading Amendment Act 1994 (1994 No 124).

  Section 16(2)(a): amended, on 1 January 1995, by section 2 of the Fair Trading Amendment Act 1994 (1994 No 124).

  Section 16(3) certification trade mark: repealed, on 1 April 2000, by section 8(1) of the Trade Marks Amendment Act 1999 (1999 No 121).

  Section 16(3) sign: inserted, on 1 April 2000, by section 8(1) of the Trade Marks Amendment Act 1999 (1999 No 121).

  Section 16(3) trade mark: substituted, on 1 April 2000, by section 8(1) of the Trade Marks Amendment Act 1999 (1999 No 121).

  Section 16(3) trade mark: amended, on 20 August 2003, by section 201 of the Trade Marks Act 2002 (2002 No 49).