73 falsely representing a trademark as registered a

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73. Falsely representing a trademark as registered. A person who makes a representation— (a) with respect to a mark not being a registered trademark, to the effect that it is a registered trademark; (b) in respect to a part of a registered trademark not being a part separately registered as a trademark, to the effect that it is registered; (c) to the effect that a registered trademark is registered in respect of goods in respect of which it is not registered; or (d) to the effect that the registration of a trademark gives an exclusive right to the owner of the trademark to use the good in circumstances in which, having regard to limitations entered on the register, the registration does not give that right, commits an offence and is liable on conviction to a fine not exceeding one hundred currency points or imprisonment not exceeding five years or both. 74. Falsifying or unlawful removal of a registered trademark. (1) A person who falsifies or unlawfully removes a trademark that— (a) has been applied to goods that are being or are to be, dealt with or provided in the course of trade; or (b) has been applied in relation to goods or services that are being or are to be, dealt with or provided in the course of trade, 58
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Act 17 Trademarks Act 2010 knowing that the trademark is registered or reckless whether or not the trademark is registered, commits an offence and is liable on conviction to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both. (2) For the purposes of subsection (1), a person falsifies a registered trademark if the person— (a) alters or defaces it; (b) makes any addition to it; or (c) partly removes, erases or obliterates it, without the permission of the registered owner or an authorised user of the trademark, and without being required or authorised to do so by this Act, or without direction from the registrar or an order of a court. (3) For the purposes of subsection (1) a person unlawfully removes a registered trademark if the person wholly removes, erases or obliterates it— (a) without the permission of the registered owner or an authorised user of the trademark; and (b) without being required or authorised to do so by the Act, or without a direction from the registrar or an order of the court. 75. Falsely applying a registered trademark. (1) A person who— (a) falsely applies a registered trademark to goods that are being or are to be dealt with or provided in the course of trade; or (b) falsely applies a registered trademark in relation to goods or services that are being or are to be dealt with or provided in the course of trade, knowing that the trademark is registered or reckless whether or not the trademark is registered, 59
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Act 17 Trademarks Act 2010 commits an offence and is liable on conviction to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both.
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