108 Order for erasure, etc, of offending sign

(1)

If a person has infringed the exclusive right to use a registered trade mark, the court may make an order that requires the person—

(a)

to erase, remove, or obliterate the offending sign from any infringing goods, infringing material, or infringing object in the person’s possession, custody, or control; or

(b)

if it is not reasonably practicable to erase, remove, or obliterate the offending sign, to destroy the infringing goods, infringing material, or infringing object.

(2)

If an order under subsection (1) is not complied with, or it appears to the court likely that the order would not be complied with, the court may order that the infringing goods, infringing material, or infringing object be delivered to any person whom the court may direct—

(a)

to erase, remove, or obliterate the offending sign from the infringing goods, infringing material, or infringing object; or

(b)

if it is not reasonably practicable to erase, remove, or obliterate, the offending sign, to destroy the infringing goods, infringing material, or infringing object.

Compare: Trade Marks Act 1998 s 32 (Singapore)