Office of Public Sector Information
PART IIIII continued
(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, or was to be used, was not an infringement of the registered trade mark.
(6) A person guilty of an offence under this section 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.
(1) It is the duty of every local weights and measures authority to enforce within their area the provisions of section 92 (unauthorised use of trade mark, &c. in relation to goods).
(2) The following provisions of the [1968 c. 29.] Trade Descriptions Act 1968 apply in relation to the enforcement of that section as in relation to the enforcement of that Act—
section 27 (power to make test purchases),
section 28 (power to enter premises and inspect and seize goods and documents),
section 29 (obstruction of authorised officers), and
section 33 (compensation for loss, &c. of goods seized).
(3) Subsection (1) above does not apply in relation to the enforcement of section 92 in Northern Ireland, but it is the duty of the Department of Economic Development to enforce that section in Northern Ireland.
For that purpose the provisions of the [1968 c. 29.] Trade Descriptions Act 1968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers.
(4) Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if section 92 above were contained in that Act and as if the functions of any person in relation to the enforcement of that section were functions under that Act.
(5) Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence.
(1) It is an offence for a person to make, or cause to be made, a false entry in the register of trade marks, knowing or having reason to believe that it is false.
(2) It is an offence for a person—
(a) to make or cause to be made anything falsely purporting to be a copy of an entry in the register, or
(b) to produce or tender or cause to be produced or tendered in evidence any such thing,
knowing or having reason to believe that it is false.
(3) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both;
(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both.
(1) It is an offence for a person—
(a) falsely to represent that a mark is a registered trade mark, or
(b) to make a false representation as to the goods or services for which a trade mark is registered
knowing or having reason to believe that the representation is false.
(2) For the purposes of this section, the use in the United Kingdom in relation to a trade mark—
(a) of the word “registered”, or
(b) of any other word or symbol importing a reference (express or implied) to registration,
shall be deemed to be a representation as to registration under this Act unless it is shown that the reference is to registration elsewhere than in the United Kingdom and that the trade mark is in fact so registered for the goods or services in question.
(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) Notwithstanding anything in section 331 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, summary proceedings in Scotland for an offence under this Act may be begun at any time within six months after the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to his knowledge.
For this purpose a certificate of the Lord Advocate as to the date on which such evidence came to his knowledge is conclusive evidence.
(2) For the purposes of subsection (1) and of any other provision of this Act as to the time within which summary proceedings for an offence may be brought, proceedings in Scotland shall be deemed to be begun on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay.
(1) In England and Wales or Northern Ireland where there has come into the possession of any person in connection with the investigation or prosecution of a relevant offence—
(a) goods which, or the packaging of which, bears a sign identical to or likely to be mistaken for a registered trade mark,
(b) material bearing such a sign and intended to be used for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods, or
(c) articles specifically designed or adapted for making copies of such a sign,
that person may apply under this section for an order for the forfeiture of the goods, material or articles.
(2) An application under this section may be made—
(a) where proceedings have been brought in any court for a relevant offence relating to some or all of the goods, material or articles, to that court;
(b) where no application for the forfeiture of the goods, material or articles has been made under paragraph (a), by way of complaint to a magistrates' court.
(3) On an application under this section the court shall make an order for the forfeiture of any goods, material or articles only if it is satisfied that a relevant offence has been committed in relation to the goods, material or articles.
(4) A court may infer for the purposes of this section that such an offence has been committed in relation to any goods, material or articles if it is satisfied that such an offence has been committed in relation to goods, material or articles which are representative of them (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
(5) Any person aggrieved by an order made under this section by a magistrates' court, or by a decision of such a court not to make such an order, may appeal against that order or decision—
(a) in England and Wales, to the Crown Court;
(b) in Northern Ireland, to the county court;
and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the [1980 c. 43.] Magistrates' Courts Act 1980 or Article 146 of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).
(6) Subject to subsection (7), where any goods, material or articles are forfeited under this section they shall be destroyed in accordance with such directions as the court may give.
(7) On making an order under this section the court may, if it considers it appropriate to do so, direct that the goods, material or articles to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person—
(a) causes the offending sign to be erased, removed or obliterated, and
(b) complies with any order to pay costs which has been made against him in the proceedings for the order for forfeiture.
(8) For the purposes of this section a “relevant offence” means an offence under section 92 above (unauthorised use of trade mark, &c. in relation to goods) or under the [1968 c. 29.] Trade Descriptions Act 1968 or any offence involving dishonesty or deception.
(1) In Scotland the court may make an order for the forfeiture of any—
(a) goods which bear, or the packaging of which bears, a sign identical to or likely to be mistaken for a registered trade mark,
(b) material bearing such a sign and intended to be used for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods, or
(c) articles specifically designed or adapted for making copies of such a sign.
(2) An order under this section may be made—
(a) on an application by the procurator-fiscal made in the manner specified in section 310 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, or
(b) where a person is convicted of a relevant offence, in addition to any other penalty which the court may impose.
(3) On an application under subsection (2)(a), the court shall make an order for the forfeiture of any goods, material or articles only if it is satisfied that a relevant offence has been committed in relation to the goods, material or articles.
(4) The court may infer for the purposes of this section that such an offence has been committed in relation to any goods, material or articles if it is satisfied that such an offence has been committed in relation to goods, material or articles which are representative of them (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
(5) The procurator-fiscal making the application under subsection (2)(a) shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the goods, material or articles to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the goods, material or articles should not be forfeited.
(6) Service under subsection (5) shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1975.
(7) Any person upon whom notice is served under subsection (5) and any other person claiming to be the owner of, or otherwise to have an interest in, goods, material or articles to which an application under this section relates shall be entitled to appear at the hearing of the application to show cause why the goods, material or articles should not be forfeited.
(8) The court shall not make an order following an application under subsection (2)(a)—
(a) if any person on whom notice is served under subsection (5) does not appear, unless service of the notice on that person is proved; or
(b) if no notice under subsection (5) has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve such notice.
(9) Where an order for the forfeiture of any goods, material or articles is made following an application under subsection (2)(a), any person who appeared, or was entitled to appear, to show cause why goods, material or articles should not be forfeited may, within 21 days of the making of the order, appeal to the High Court by Bill of Suspension; and section 452(4)(a) to (e) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 shall apply to an appeal under this subsection as it applies to a stated case under Part II of that Act.
(10) An order following an application under subsection (2)(a) shall not take effect—
(a) until the end of the period of 21 days beginning with the day after the day on which the order is made; or
(b) if an appeal is made under subsection (9) above within that period, until the appeal is determined or abandoned.
(11) An order under subsection (2)(b) shall not take effect—
(a) until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1975; or
(b) if an appeal is made within that period, until the appeal is determined or abandoned.
(12) Subject to subsection (13), goods, material or articles forfeited under this section shall be destroyed in accordance with such directions as the court may give.
(13) On making an order under this section the court may if it considers it appropriate to do so, direct that the goods, material or articles to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person causes the offending sign to be erased, removed or obliterated.
(14) For the purposes of this section—
“relevant offence” means an offence under section 92 (unauthorised use of trade mark, &c. in relation to goods) or under the [1968 c. 29.] Trade Descriptions Act 1968 or any offence involving dishonesty or deception,
“the court” means—
in relation to an order made on an application under subsection (2)(a), the sheriff, and
in relation to an order made under subsection (2)(b), the court which imposed the penalty.
Trade Marks Act 1994