Trademarks Act — T-13 51.01
Sale, etc., of goods 51.01 (1) Every person commits an offence who sells or offers for sale, or distributes on a commercial scale, any goods in association with a trademark, if that sale or distribution is or would be contrary to section 19 or 20 and the person knows that (a) the trademark is identical to, or cannot be distinguished in its essential aspects from, a trademark registered for such goods; and (b) the owner of that registered trademark has not consented to the sale, offering for sale, or distribution of the goods in association with the trademark. (c) [ Deleted ] Manufacture, etc., of goods (2) Every person commits an offence who manufactures, causes to be manufactured, possesses, imports, exports or attempts to export any goods, for the purpose of their sale or of their distribution on a commercial scale, if that sale or distribution would be contrary to section 19 or 20 and the person knows that (a) the goods bear a trademark that is identical to, or that cannot be distinguished in its essential aspects from, a trademark registered for such goods; and (b) the owner of that registered trademark has not consented to having the goods bear the trademark. (c) [ Deleted ] Services (3) Every person commits an offence who sells or advertises services in association with a trademark, if that sale or advertisement is contrary to section 19 or 20 and the person knows that (a) the trademark is identical to, or cannot be distinguished in its essential aspects from, a registered trademark registered for such services; and (b) the owner of the registered trademark has not consented to the sale or advertisement in association with the trademark. (c) [ Deleted ] Labels or packaging (4) Every person commits an offence who manufactures, causes to be manufactured, possesses, imports, exports or attempts to export any label or packaging, in any form, for the purpose of its sale or of its distribution on a commercial scale or for the purpose of the sale, distribution on a commercial scale or advertisement of goods or services in association with it, if that sale, distribution or advertisement would be contrary to section 19 or 20 and the person knows that (a) the label or packaging bears a trademark that is identical to, or that cannot be distinguished in its essential aspects from, a registered trademark; (b) the label or packaging is intended to be associated with goods or services for which that registered trademark is registered; and (c) the owner of that registered trademark has not consented to having the label or packaging bear the trademark. (d) [ Deleted ] Trafficking in labels or packaging (5) Every person commits an offence who sells or offers for sale, or distributes on a commercial scale, any label or packaging, in any form, if the sale, distribution or advertisement of goods or services in association with the label or packaging would be contrary to section 19 or 20 and the person knows that (a) the label or packaging bears a trademark that is identical to, or that cannot be distinguished in its essential aspects from, a registered trademark; (b) the label or packaging is intended to be associated with goods or services for which that registered trademark is registered; (c) the owner of that registered trademark has not consented to having the label or packaging bear the trademark. Registration of trademark (5.1) In a prosecution for an offence under any of subsections (1) to (5), it is not necessary for the prosecutor to prove that the accused knew that the trademark was registered. Punishment (6) Every person who commits an offence under any of subsections (1) to (5) is liable (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or (b) on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than six months or to both. Limitation Period (7) Proceedings by way of summary conviction for an of