| Trade
Marks Act 1994
Offences:
Trade Marks Act 1994
The trade marks act 1994
has created a number of offences as regards unauthorised
use of trade mark in relation to goods.
S92.-(1)
a person commits an offence who with a view to
gain for himself or another, or with intent to
cause loss to another, and without the consent
of the proprietor-
(a) applies to goods or their packaging a sign
identical to, or likely to be mistaken for, a
registered trade mark, or
(b) sells or lets for hire, offers or exposes
for sale or hire or distributes goods which bear,
or the packaging of which bears, such a sign,
or
(c) has in his possession, custody or control
in the course of a business any such goods with
a view to the doing of anything, by himself or
another, which would be an offence under paragraph
(b).
(2) a person
commits an offence who with a view to gain for
himself or another, or with intent to cause loss
to another, and without the consent of the proprietor-
(a) applies a sign identical to, or likely to
be mistaken for, a registered trade mark to material
intended to be used-
(i) for labelling or packaging goods,
(ii) as a business paper in relation to goods,
or
(iii) for advertising goods, or
(b) uses in the course of a business material
bearing such a sign for labelling or packaging
goods, as a business paper in relation to goods,
or for advertising goods, or
(c) has in his possession, custody or control
in the course of a business any such material
with a view to the doing of anything, by himself
or another, which would be an offence under paragraph
(b).
(3) a person
commits an offence who with a view to gain for
himself or another, or with intent to cause loss
to another, and without the consent of the proprietor-
(a) makes an article specifically designed or
adapted for making copies of a sign identical
to, or likely to be mistaken for, a registered
trade mark, or
(b) has such an article in his possession, custody
or control in the course of a business, knowing
or having reason to believe that it has been,
or is to be, used to produce goods, or material
for labelling or packaging goods, as a business
paper in relation to goods, or for advertising
goods.
(4) a person
does not commit an offence under this section
unless.
(a) the goods are goods in respect of which the
trade mark is registered, or
(b) the trade mark has a reputation in the united
kingdom and the use of the sign takes or would
take unfair advantage of, or is or would be detrimental
to, the distinctive character or the repute of
the trade mark.
(5) it
is a defence for a person charged with an offence
under this section to show that he believed on
reasonable grounds that the use of the sign in
the manner in which it was used, was not an infringement
of the registered trade mark.
Penalties:
Trade Marks Act 1994
A person guilty of an
offence under section 92 is liable-
(a) on summary conviction to imprisonment for
a term not exceeding six months or a fine not
exceeding the statutory maximum, or both:
(b) on conviction on indictment to a fine or imprisonment
for a term not exceeding ten years, or both.
Specimen
Charges/Summonses: Trade Marks Act 1994
(a) on the ... Day of... 19..
at ...
with a view to gain for yourself or another or
with intent to cause loss to another and without
the consent of the proprietor you applied to goods
or their packaging a sign namely.........
identical to or likely to be mistaken for a registered
trade mark
contrary to section 92(1) (a) of the trade marks
act 1994
(b) on the... Day of... 19..
at... with a view
to gain for yourself or another or with intent
to cause loss to another and without the consent
of the proprietor you sold or let for hire offered
or exposed for sale or hire or distributed goods
namely.........
which bear, or the packaging of which bears such
a sign the registered trade mark of .............
contrary to section 92(1 )(b) of the trade marks
act 1994
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