121 Offence to falsely apply registered trade mark to goods or services

(1)

Every person commits an offence who falsely applies a registered trade mark to goods or services.

(2)

For the purposes of this section and section 124, a person falsely applies a registered trade mark to goods or services if,—

(a)

without the consent of the owner of the registered trade mark, the person knowingly applies the trade mark or a sign that the person knows is likely to be mistaken for that trade mark to the goods or services; and

(b)

in the case of an application to goods, the person knows the goods are not the genuine goods of the owner or licensee of the registered trade mark.

(3)

For the purposes of this section and section 124, a trade mark is applied to goods or services if—

(a)

the trade mark is used in a sign or an advertisement including a televised advertisement or an invoice, wine list, catalogue, business letter, business paper, price list, or other commercial document; and

(b)

the goods are delivered, or services provided, as the case may be, to a person in accordance with a request or order made by reference to the trade mark as so used.

(4)

For the purposes of this section and section 124, a sign is applied to goods or services if the sign—

(a)

is applied to the goods themselves; or

(b)

is applied to a covering, label, reel, or thing in or with which the goods are sold or exposed or had in possession for a purpose of trade or manufacture; or

(c)

is used in a manner likely to lead a person to believe that it refers to, describes, or designates the goods or services.

(5)

For the purposes of subsection (4)(b),—

covering includes a stopper, glass, bottle, vessel, box, capsule, case, frame, or wrapper

label includes a band or ticket.

Compare: Trade Marks Act 1998 s 47 (Singapore)