Falsifying and falsely applying trade marks

Section 102 of the Trade Marks Act, 1999 deals with falsifying and falsely applying trade marks. A person shall be deemed to falsify a trade mark who, either,-- (a) without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark; The Act came into force on 15 Sep 2003.

(1) A person shall be deemed to falsify a trade mark who, either,--

(a) without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark; or

(b) falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise.

(2) A person shall be deemed to falsely apply to goods or services a trade mark who, without the assent of the proprietor of the trade mark,--

(a) applies such trade mark or a deceptively similar mark to goods or services or any package containing goods;

(b) uses any package bearing a mark which is identical with or deceptively similar to the trade mark of such proprietor, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the proprietor of the trade mark.

(3) Any trade mark falsified as mentioned in sub-section (1) or falsely applied as mentioned in sub-section (2), is in this Act referred to as a false trade mark.

(4) In any prosecution for falsifying a trade mark or falsely applying a trade mark to goods or services, the burden of proving the assent of the proprietor shall lie on the accused.

Section 102, The Trade Marks Act, 1999 (Act 47 of 1999).