Singapore legislation

Clause 47

Falsely applying a registered trade mark to goods and services

(1)

Any person who falsely applies a registered trade mark to goods or services shall, unless he proves that he acted innocently, be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

(2)

For the purposes of this section and section 49, a sign shall be deemed to be applied to goods or services if —

(a)

it is applied to the goods themselves;

(b)

it is applied to a covering, label, reel or thing in or with which the goods are sold or exposed or had in possession for a purpose of trade or manufacture; or

(c)

it is used in a manner likely to lead persons to believe that it refers to, describes or designates the goods or services.

(3)

For the purposes of this section and section 49, a trade mark shall be deemed to be applied to goods or services if it is used in —

(a)

a sign or an advertisement including a televised advertisement; or (b)an invoice, wine list, catalogue, business letter, business paper, price list or other commercial document,and the goods are delivered, or services provided, as the case may be, to a person in pursuance of a request or order made by reference to the trade mark as so used.

(4)

For the purposes of subsection (2), “covering” includes a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper, and “label” includes a band or ticket.

(5)

For the purposes of this section and section 49, a person falsely applies a registered trade mark to goods or services if —

(a)

without the consent of the proprietor of the registered trade mark, the person applies the trade mark or a sign likely to be mistaken for that trade mark to the goods or services; and

(b)

in the case of an application to goods, the goods are not the genuine goods of the proprietor or licensee of the registered trade mark.

(6)

In a prosecution under this section or section 49, the burden of proving the consent of the proprietor lies on the accused.

Read in full context — Trade Marks Bill →