Document ID: chunk:federal_register_of_legislation:C2014C00180:clause:5_148
Version: federal_register_of_legislation:C2014C00180
Segment Type: clause
Provision Reference: sch 5 cl 148
Character Range: 97867–100324

148  Goods with false trade marks

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.

Part 3—Relief for infringement of trade marks

Trade Marks Act 1995