General and Miscellaneous
Offences and restraint of use of Royal Arms
58AF2 Fraudulent application or use of trade mark an offence.
1
It is an offence, subject to subsection (3) below, for a person—
a
to apply a mark identical to or nearly resembling a registered trade mark to goods, or to material used or intended to be used for labelling, packaging or advertising goods, or
b
to sell, let for hire, or offer or expose for sale or hire, or distribute—
i
goods bearing such a mark, or
ii
material bearing such a mark which is used or intended to be used for labelling, packaging or advertising goods, or
c
to use material bearing such a mark in the course of a business for labelling, packaging or advertising goods, or
d
to possess in the course of a business goods or material bearing such a mark with a view to doing any of the things mentioned in paragraphs (a) to (c),
when he is not entitled to use the mark in relation to the goods in question and the goods are not connected in the course of trade with a person who is so entitled.
2
It is also an offence, subject to subsection (3) below, for a person to possess in the course of a business goods or material bearing a mark identical to or nearly resembling a registered trade mark with a view to enabling or assisting another person to do any of the things mentioned in subsection (1)(a) to (c), knowing or having reason to believe that the other person is not entitled to use the mark in relation to the goods in question and that the goods are not connected in the course of trade with a person who is so entitled.
3
A person commits an offence under subsection (1) or (2) only if—
a
he acts with a view to gain for himself or another, or with intent to cause loss to another, and
b
he intends that the goods in question should be accepted as connected in the course of trade with a person entitled to use the mark in question;
and it is a defence for a person charged with an offence under subsection (1) to show that he believed on reasonable grounds that he was entitled to use the mark in relation to the goods in question.
4
A person guilty of an offence under this section is liable—
a
on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both;
b
on conviction on indictment to a fine or imprisonment for a term not exceeding ten years, or both.
5
Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
In relation to a body corporate whose affairs are managed by its members’ “director” means a member of the body corporate.
6
In this section “business” includes a trade or profession.