Document ID: chunk:federal_register_of_legislation:C2014C00180:clause:5_146
Version: federal_register_of_legislation:C2014C00180
Segment Type: clause
Provision Reference: sch 5 cl 146
Character Range: 92244–93875

146  Falsely applying a registered trade mark

Indictable offence
 (1) A person commits an offence if:
 (a) the person applies a mark or sign to goods, or in relation to goods or services; and
 (b) the goods or services are being, or are to be, dealt with or provided in the course of trade; and
 (c) the mark or sign is, or is substantially identical to, the registered trade mark; and
 (d) the person applies the mark or sign without:
 (i) the permission of the registered owner, or an authorised user, of the trade mark; or
 (ii) being required or authorised to do so 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.
Note 1: For registered trade mark and registered owner see section 6.
Note 2: For authorised user see section 8.
Note 3: International trade marks may be protected under the regulations: see Part 17A.

Summary offence
 (2) A person commits an offence if:
 (a) the person applies a mark or sign to goods, or in relation to goods or services; and
 (b) the goods or services are being, or are to be, dealt with or provided in the course of trade; and
 (c) the mark or sign is, or is substantially identical to, the registered trade mark; and
 (d) the person applies the mark or sign without:
 (i) the permission of the registered owner, or an authorised user, of the trade mark; or
 (ii) being required or authorised to do so 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), (c) and (d) is negligence.