151False representations regarding trade marks

#### 151 False representations regarding trade marks (1) A person must not make a representation to the effect that a trade mark is a registered trade mark unless the person knows, or has reasonable grounds to believe, that the trade mark is registered in Australia. Penalty: 60 penalty units. (2) A person must not make a representation to the effect that a part of a registered trade mark is registered as a trade mark unless the person knows, or has reasonable grounds to believe, that that part is registered as a trade mark in Australia. Penalty: 60 penalty units. (3) A person must not make a representation to the effect that a trade mark is registered in respect of goods or services unless the person knows, or has reasonable grounds to believe, that the trade mark is registered in Australia in respect of those goods or services. Penalty: 60 penalty units. (4) A person must not make a representation to the effect that the registration of a trade mark gives exclusive rights to use the trade mark in circumstances in which, having regard to conditions or limitations entered in the Register, the registration does not give those rights unless the person has reasonable grounds to believe that the registration does give those exclusive rights. Penalty: 60 penalty units. > Note 1: For registered trade mark and limitations see section 6. > Note 2: The Reader’s Guide gives information about penalties (see the paragraphs under the subheading Crimes Act 1914). > Note 3: In addition, the regulations may provide for the effect of a protected international trade mark: see Part 17A. (5) For the purposes of this section, the use in Australia in relation to a trade mark: (a) of the word registered; or (b) of any other word or any symbol referring (either expressly or by implication) to registration; is taken to be a representation that the trade mark is registered in Australia in respect of the goods or services in relation to which it is used except if the trade mark is registered in a country other than Australia in respect of those goods or services and: (c) the word or symbol by itself indicates that the trade mark is registered in that other country or in a country outside Australia; or (d) the word or symbol is used, together with other words or symbols of the same or a bigger size, to indicate that the trade mark is registered in that other country or in a country outside Australia; or (e) the word or symbol is used in relation to goods that are to be exported to that country. > Note: For use of a trade mark in relation to goods or services see subsections 7(4) and (5).