Trade Marks Act 1998 · 2020 Revised Edition · Part 6 · Offences
53. Forfeiture and destruction of goods, etc., on conviction
Feedback & supportSubject to subsection (2), where any person has been convicted of an offence under any provision of this Part, the court may, where it considers appropriate, order the person to forfeit to the Government all or any —
goods in relation to which; or
articles by means of which,the offence was committed.
Where any person has been convicted of an offence under section 47 or 49 in relation to a registered trade mark, the court is, unless it is of the view that there are exceptional circumstances for deciding otherwise, to order to be forfeited to the Government and destroyed any goods which satisfy all of the following conditions:
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;
the goods are goods in relation to which —
the offence was committed; and
the trade mark has been falsely applied;
the goods or their packaging bear the trade mark or sign giving rise to the false application of the trade mark.
Any —
forfeiture of goods or articles under subsection (1); or
forfeiture and destruction of goods under subsection (2),is in addition to any penalty or punishment that the court may impose for the offence committed.