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Fine for falsely representing a trade mark as registered.
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64.—(1) Any person who makes a representation—
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(a) with respect to a mark not being a registered trade mark, to the effect that it is a registered trade mark; or
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(b) with respect to a part of a registered trade mark not being a part separately registered as a trade mark, to the effect that it is so registered; or
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(c) to the effect that a registered trade mark is registered in respect of any goods in respect of which it is not registered; or
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(d) to the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the register, the registration does not give that right;
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shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds and, in the case of a continuing offence, a further fine not exceeding five pounds for every day on which the offence continues.
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(2) For the purposes of this section, the use in the State in relation to a trade mark of the word “registered”, or of any other word referring whether expressly or impliedly to registration, or of a prescribed symbol shall be deemed to import a reference to registration in the register, except—
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(a) where that word or that symbol is used in physical association with words delineated in characters at least as large as those in which that word or that symbol is delineated and indicating that the reference is to registration as a trade mark under the law of a place outside the State, being a place under the law of which the registration referred to is in fact in force;
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(b) where that word (being a word other than the word “registered”) or that symbol is of itself such as to indicate that the reference is to such registration as last aforesaid; or
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(c) where that word or that symbol is used in relation to a mark registered as a trade mark under the law of a place outside the State and in relation to goods to be exported to that place.
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