Trade Marks Act, 1993 (Act No. 194 of 1993)

Part XVI : Offences

62. Penalty for falsely representing trade mark as registered
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(1)Any person who makes a representation—
(a)with respect to a mark not being a registered trade mark, to the effect that it is a registered trade mark;
(b)with respect to a part of a registered trade mark not being a part separately registered as a trade mark, to the effect that it is so registered;
(c)to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not registered; or
(d)to the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered in the register, the registration does not give that right, shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding 12 months.

 

(2)For the purposes of this section, the use in the Republic in relation to a trade mark of the word "registered" or of any abbreviation thereof or of any other word or letter which might reasonably be construed as referring to registration, including the symbol R, shall be deemed to import a reference to registration in the register except—
(a)where that word, abbreviation, letter or symbol is used in physical association with other words delineated in characters at least as large as those in which that word, abbreviation, letter or symbol is delineated and indicating that the reference is to registration as a trade mark under the laws of a country outside the Republic being a country under the laws of which the registration referred to is in fact in force;
(b)where that word (being a word other than the word "registered"), abbreviation, letter or symbol is of itself such as to indicate that the reference is to such registration as is referred to in paragraph (a); or
(c)where the word, abbreviation, letter or symbol is used in relation to a mark registered as a trade mark under the laws of a country outside the Republic and in relation to goods to be exported to that country.