146Falsely applying a registered trade mark

146 Falsely applying a registered trade mark

Indictable offence (1) A person commits an offence if: (a) the person applies a mark or sign to goods, or in relation to goods or services; and (b) the goods or services are being, or are to be, dealt with or provided in the course of trade; and (c) the mark or sign is, or is substantially identical to, the registered trade mark; and (d) the person applies the mark or sign without: (i) the permission of the registered owner, or an authorised user, of the trade mark; or (ii) being required or authorised to do so by this Act, a direction of the Registrar or an order of a court.

Penalty: Imprisonment for 5 years or 550 penalty units, or both.

Note 1: For registered trade mark and registered owner see section 6.

Note 2: For authorised user see section 8.

Note 3: International trade marks may be protected under the regulations: see Part 17A.

Summary offence (2) A person commits an offence if: (a) the person applies a mark or sign to goods, or in relation to goods or services; and (b) the goods or services are being, or are to be, dealt with or provided in the course of trade; and (c) the mark or sign is, or is substantially identical to, the registered trade mark; and (d) the person applies the mark or sign without: (i) the permission of the registered owner, or an authorised user, of the trade mark; or (ii) being required or authorised to do so by this Act, a direction of the Registrar or an order of a court.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(3) The fault element for paragraphs (2)(b), (c) and (d) is negligence.