Trade Marks Act 1998 · 2020 Revised Edition · Part 3 · Rights and Remedies of Proprietor of Registered Trade Mark
32. Order for erasure, etc., of offending sign
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Subject to subsection (3), where a person is found to have infringed a registered trade mark, the Court may make an order requiring the person —
trade mark
“trade mark” means any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person;
to cause the offending sign to be erased, removed or obliterated from any infringing goods, material or articles in the person’s possession, custody or control; or
if it is not reasonably practicable for the offending sign to be erased, removed or obliterated, to secure the destruction of the infringing goods, material or articles in question.
If an order under subsection (1) is not complied with, or it appears to the Court likely that such an order would not be complied with, the Court may order that the infringing goods, material or articles be delivered up to such person as the Court may direct for erasure, removal or obliteration of the sign, or for destruction, as the case may be.
Where a person who is found to have infringed a registered trade mark has in the person’s possession, custody or control any counterfeit goods, the Court is to order that the counterfeit goods be delivered up to such person as the Court may direct for destruction if —
the claimant applies to the Court for such an order; and
the Court is of the view that there are no exceptional circumstances which justify the refusal of such an order.