Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 148

Indictable offence

  (1)   A person commits an offence if:

  (a)   the person:

  (i)   sells goods; or

  (ii)   exposes goods for sale; or

  (iii)   possesses goods for the purpose of trade or manufacture; or

  (iv)   imports goods into Australia for the purpose of trade or manufacture; and

  (b)   any of the following applies:

  (i)   there is a registered trade mark on the goods;

  (ii)   there is a mark or sign on the goods that is substantially identical to a registered trade mark;

  (iii)   a registered trade mark on the goods has been altered, defaced, added to, wholly or partly removed, erased or obliterated; and

  (c)   the registered trade mark, or mark or sign, was applied, altered, defaced, added to, wholly or partly removed, erased or obliterated, as the case requires, without:

  (i)   the permission of the registered owner, or an authorised user, of the trade mark; or

  (ii)   the application being required or authorised 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.

Summary offence

  (2)   A person commits an offence if:

  (a)   the person:

  (i)   sells goods; or

  (ii)   exposes goods for sale; or

  (iii)   possesses goods for the purpose of trade or manufacture; or

  (iv)   imports goods into Australia for the purpose of trade or manufacture; and

  (b)   any of the following applies:

  (i)   there is a registered trade mark applied to the goods;

  (ii)   there is a mark or sign applied to the goods that is substantially identical to a registered trade mark;

  (iii)   a registered trade mark applied to the goods has been altered, defaced, added to, wholly or partly removed, erased or obliterated; and

  (c)   the registered trade mark, or mark or sign, was applied, altered, defaced, added to, wholly or partly removed, erased or obliterated, as the case requires, without:

  (i)   the permission of the registered owner, or an authorised user, of the trade mark; or

  (ii)   the application being required or authorised 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) and (c) is negligence.

Note 1:   For registered trade mark see section   6.

Note 2:   For applied to goods see section   9.

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