Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRADE MARKS ACT 1995 - SECT 145

Falsifying or removing a registered trade mark

Indictable offence

  (1)   A person commits an offence if:

  (a)   a registered trade mark has been applied 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 person:

  (i)   alters or defaces the trade mark; or

  (ii)   makes any addition to the trade mark; or

  (iii)   wholly or partly removes, erases or obliterates the trade mark; and

  (d)   the person does so 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:   For applied to goods and applied in relation to goods or services see section   9.

Note 4:   International trade marks may be protected under the regulations: see Part   17A.

Summary offence

  (2)   A person commits an offence if:

  (a)   a registered trade mark has been applied 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 person:

  (i)   alters or defaces the trade mark; or

  (ii)   makes any addition to the trade mark; or

  (iii)   wholly or partly removes, erases or obliterates the trade mark; and

  (d)   the person does so 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)(a), (b) and (d) is negligence.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback