71. What constitutes counterfeiting a trade mark
Feedback & supportLast amended by an amending law of 1975.
A person shall be deemed to counterfeit a trade mark who either —
trade mark
“trade mark” means —(a)except in relation to a defensive or a certification trade mark, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate, a connection in the course of trade between the goods or services and a person who has the right, either as proprietor or as registered user, to use the mark, whether with or without an indication of the identity of that person;(b)in relation to a defensive trade mark, a mark registered under section 41; and(c)in relation to a certification trade mark, a mark registered under section 68;
without the consent of the proprietor of the trade mark makes that trade mark or a mark so nearly resembling that trade mark as to be calculated to deceive; or
falsifies any genuine trade mark whether by alteration, addition, effacement or otherwise.
In any prosecution for counterfeiting a trade mark the burden of proving the consent of the proprietor shall lie on the defendant.