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Contents

Long Title

Part I PRELIMINARY

Part II REGISTRATION OF TRADE MARKS

Introductory

Application for registration of trade mark

Grounds for refusal of registration

Priority

Registration procedure

Series of trade marks

Duration, renewal and alteration of registered trade mark

Cancellation, revocation and invalidity

Miscellaneous

Part III RIGHTS AND REMEDIES OF PROPRIETOR OF REGISTERED TRADE MARK

Rights of proprietor of registered trade mark

Infringement proceedings

Part IV REGISTERED TRADE MARK AS OBJECT OF PROPERTY

Part V LICENSING

Part VI OFFENCES

Part VII INTERNATIONAL MATTERS

The Madrid Protocol, etc.

The Paris Convention, the TRIPS Agreement and well known trade marks: supplementary provisions

Part VIII COLLECTIVE MARKS AND CERTIFICATION MARKS

Part IX ADMINISTRATIVE AND OTHER SUPPLEMENTARY PROVISIONS

The Registrar

The Register

Powers and duties of Registrar

Forms, fees, hours of business and publication

Trade mark agents

Part X ASSISTANCE BY BORDER AUTHORITIES

Border enforcement measures

Powers of search

Part XI MISCELLANEOUS AND GENERAL PROVISIONS

FIRST SCHEDULE Collective Marks

SECOND SCHEDULE Certification Marks

THIRD SCHEDULE Transitional Provisions

Legislative Source Key

Legislative History

Comparative Table

 
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On 20/06/2013, you requested for the version in force on 20/06/2013 incorporating all amendments published on or before 20/06/2013. The closest version currently available is that of 31/07/2005.
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Counterfeiting a trade mark
46.
—(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 —
(a)
makes a sign identical to or so nearly resembling a registered trade mark as to be calculated to deceive; or
(b)
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]