Criminal conduct regarding trade marks
Certain things may not be done in connection with registered trade mark rights. The Act makes it a criminal offence to do any of the following:
- To make a false representation or statement to the Registrar to deceive him (or anyone in the Trade Marks Office) in the administration of the Act;
- To make a false representation or statement (to anyone), while knowing it is false, in order to procure or influence the doing (or non-doing) of anything concerning the Act, and any matter under the Act;
- To make a false entry or cause a false entry to be made in the Trade Marks Register;
- To forge something, pretending that it is a copy of an entry in the Register;
- To produce or tender in evidence any such false entry or forged document, knowing it to be false;
- To represent, in any way, that a mark or brand is registered, when it is not. (It follows that, if you represent that a trade mark is registered, say, to cover particular goods and services, but it is registered for other goods or services, that is also an offence.)
Read sections 60–62 of the Trade Marks Act.
Okay, that wraps it up on the basics of trade mark rights.