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PART VI
Offences
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Fraudulent application or use of trade mark in relation to goods.
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92.—(1) Subject to the provisions of subsection (3), it shall be an offence for any person—
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(a) to apply a mark identical to or nearly resembling a registered trade mark to goods or to material used or intended to be used for labelling, packaging or advertising goods,
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(b) to sell, let for hire, offer or expose for sale or hire or distribute—
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(i) goods bearing such a mark, or
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(ii) material bearing such a mark which is used or intended to be used for labelling, packaging or advertising goods,
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(c) to use material bearing such a mark in the course of a business for labelling, packaging or advertising goods, or
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(d) to possess in the course of a business goods or material bearing such a mark with a view to doing any of the things mentioned in paragraph (a) to (c),
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when that person is not entitled to use the mark in relation to the goods in question or authorised by a person who is so entitled.
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(2) Subject to the provisions of subsection (3), it shall be an offence for any person to possess in the course of a business goods or material bearing a mark identical to or nearly resembling a registered trade mark with a view to enabling or assisting another person to do any of the things mentioned in subsection (1) (a), (b) or (c), knowing or having reason to believe that the other person is not entitled to use the mark in relation to the goods in question or authorised by a person who is so entitled.
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(3) Any person who contravenes the provisions of subsection (1) or (2) shall be guilty of an offence if, but only if that person acts with a view to gain, for himself or another, or with intent to cause a loss to another and it shall be a defence for a person charged with an offence under subsection (1) to show that he believed, on reasonable grounds, that he was entitled to use the trade mark in relation to the goods in question.
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(4) A person who commits an offence under this section shall be liable—
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(a) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000, or to both;
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(b) on conviction on indictment to imprisonment for a term not exceeding five years or to a fine not exceeding £100,000, or to both.
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