—(1) Any person who counterfeits a registered trade mark shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(2) A person who —
makes a sign identical to or so nearly resembling a registered trade mark as to be calculated to deceive; or
falsifies a genuine registered trade mark, whether by alteration, addition, effacement, partial removal or otherwise,
without the consent of the proprietor of the registered trade mark shall be deemed to counterfeit a registered trade mark.
(3) In a prosecution under this section, the burden of proving the consent of the proprietor lies on the accused.
[Trade Marks 1992 Ed., ss. 70, 71]