Section 100
Falsely applying a registered trademark to goods or services
(a)
he applies the trademark or a sign likely to be mistaken for that trademark to the goods or services without the consent of the registered proprietor; and
(b)
in the case of an application to goods, the goods are not the genuine goods of the registered proprietor or licensee of the trademark.
(2)
For the purposes of subsection (1), a trademark shall be deemed to be applied to goods or services if it is used in—
(a)
any sign or advertisement; or
(b)
any invoice, catalogue, business letter, business paper, price list or other commercial document, including any such document in any medium, and the goods are delivered, or services provided to a person pursuant to a request or order made by reference to the trademark as so used.
(3)
For the purposes of subsection (1)—
(a)
a sign shall be deemed to be applied to goods if—
(i)
it is applied to the goods themselves; or
(ii)
it is applied to any covering, label, reel or thing in or with which the goods are sold, offered or exposed for sale or had in possession for a purpose
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of trade or manufacture; and
(b)
a sign shall be deemed to be applied to goods or services if it is used in a manner that is likely to lead persons to believe that it refers to, describes or designates the goods or services.
(4)
Any person who falsely—
(a)
applies a registered trademark to goods under subsection (1) commits an offence and shall, on conviction, be liable—
(i)
if the person is a body corporate, to a fine not exceeding fifteen thousand ringgit for each of the goods bearing the falsely applied registered trademark, and for a second or subsequent offence, to a fine not exceeding thirty thousand ringgit for each of the goods bearing the falsely applied registered trademark; or
(ii)
if the person is not a body corporate, to a fine not exceeding ten thousand ringgit for each of the goods bearing the falsely applied registered trademark or to imprisonment for a term not exceeding three years or to both, and for a second or subsequent offence, to a fine not exceeding twenty thousand ringgit for each of the goods bearing the falsely applied registered trademark, or to imprisonment for a term not exceeding five years or to both; or
(b)
applies a registered trademark to services under subsection (1) commits an offence and shall, on conviction, be liable—
(i)
if the person is a body corporate, to a fine not exceeding one hundred thousand ringgit; or
(ii)
if the person is not a body corporate, to a fine not exceeding seventy thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Trademarks 95
(5)
In subsection (3)—
(a)
“covering” includes any stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper; and
(b)
“label” includes any band or ticket.
(6)
In a prosecution under this section, the burden of proving the consent of the registered proprietor of the trademark shall be upon on the accused person.
Making or possessing of article for committing offence