ss 75–82
to be likely to deceive or cause confusion is applied
to the goods or in relation to the services, as the case
may be.
TRADE MARKS ACT
(b)
under paragraph (b) or (c) of subsection (1) if
the person concerned proves that—
83 Forgery of registered trade mark
A person shall be deemed, for the purposes of this
Part, to forge a registered trade mark if—
(a) without the consent of the proprietor of the
registered trade mark or the authority of this
Act, he makes that trade mark or a mark so
nearly resembling that trade mark as to be
likely to deceive or cause confusion; or
(b) he falsifies a registered trade mark, whether
by alteration, addition, effacement or otherwise.
84 Prohibition of forgery of registered trade
marks and other acts
(1) Subject to subsection (2), any person who—
(a) forges a registered trade mark; or
(b) falsely applies to goods or in relation to
services a registered trade mark; or
(c) makes a die, block, machine or other instrument for the purpose of forging, or of being
used for forging, a registered trade mark; or
(d) disposes of, or has in his possession, a die,
block, machine or other instrument for the
purpose of forging, or of being used for forging, a registered trade mark; or
(e) without the consent of the proprietor of a
registered trade mark—
(i) makes, imports or has in his possession
any device for applying that registered
trade mark to goods or in relation to
services; or
(ii) makes any reproductions, replicas or
representations of that trade mark; or
(iii) imports any reproductions, replicas or
representations of that trade mark otherwise than on goods to which they
have been applied;
or
(f)
makes, imports or has in his possession—
(i) any device for applying to any goods or
in relation to any services a mark so
nearly resembling a registered trade
mark as to be likely to deceive or cause
confusion; or
(ii) any reproductions, replicas or representations of a mark so nearly resembling a
registered trade mark as to be likely to
deceive or cause confusion, for the purpose of applying them to goods or in relation to services contrary to the
provisions of this Part; or
(iii) any coverings bearing a mark so nearly
resembling a registered trade mark as to
be likely to deceive or cause confusion,
for the purpose of using them to cover
or contain, or in relation to, goods contrary to the provisions of this Part;
shall be guilty of an offence.
(2) It shall be a sufficient defence to any
charge—
(a) under subsection (1), if the person concerned
proves that he acted without intent to defraud;
or
[Chapter 26:04]
(i) in the ordinary course of his business he
was employed on behalf of other persons, either to make dies, blocks, machines or other instruments for making
or being used in making trade marks or,
as the case may be, to apply trade
marks to goods or in relation to services
and that, in the case which is the subject
of
the
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