Offences and penalties

120 Offence to counterfeit registered trade mark

(1)

Every person commits an offence who, with the intention of obtaining a gain for himself or herself or any other person or of causing loss to any person, counterfeits a registered trade mark.

(2)

For the purposes of subsection (1), a person counterfeits a registered trade mark if, without the consent of the owner of the registered trade mark, the person knowingly—

(a)

makes a sign that is identical to, or similar to, the registered trade mark so as to be likely to deceive; or

(b)

falsifies a genuine registered trade mark, whether by alteration, addition, effacement, partial removal, or otherwise.

Compare: Trade Marks Act 1998 s 46 (Singapore)