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Section 16(3) certification trade mark: repealed, on 1 April 2000, by section 8(1) of the Trade Marks Amendment Act 1999 (1999 No 121).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