General and Miscellaneous
Offences and restraint of use of Royal Arms
60 Fine for falsely representing a trade mark as registered.
1
Any person who makes a representation—
a
with respect to a mark not being a registered trade mark, to the effect that it is a registered trade mark; or
b
with respect to a part of a registered trade mark not being a part separately registered as a trade mark, to the effect that it is so registered; or
c
to the effect that a registered trade mark is registered in respect of any goods in respect of which it is not registered; or
d
to the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the register, the registration does not give that right;
shall be liable on summary conviction to a fine not exceeding F2level 3 on the standard scale
2
For the purposes of this section, the use in the United Kingdom in relation to a trade mark of the word “registered”, or of any other word referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except—
a
where the word is used in physical association with other words delineated in characters at least as large as those in which that word is delineated and indicating that the reference is to registration as a trade mark under the law of a country outside the United Kingdom, being a country under the law of which the registration referred to is in fact in force;
b
where that word (being a word other than the word “registered”) is of itself such as to indicate that the reference is to such registration as last aforesaid; or
c
where that word is used in relation to a mark registered as a trade mark under the law of a country outside the United Kingdom and in relation to goods to be exported to that country.
3
An offence under this section committed in the Isle of Man may be prosecuted, and any fine in respect thereof recovered, at the instance of any person aggrieved, in the manner in which offences punishable on summary conviction may for the time being be prosecuted.