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Trade Marks Act 1994

S.92 (1) A person commits an offence who, with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor-
a) applies to goods or their packaging a sign identical to or likely to be mistaken for a registered trademark, or
b) sells or lets for hire, offers or exposes for sale or hire, or distributes goods or packaging which bear a sign, or
c) in the course of a business, has in his possession, custody or control, any goods with a view to doing anything under b) either himself or by another.

(2) A person commits an offence with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor-
a) applies a sign identical to or likely to be mistaken for a registered trademark, to material intended to be used-
i) for labelling or packaging goods
ii) as a business paper in relation to goods, or
iii) for advertising goods, or
b) uses in the course of a business, material bearing a sign for labelling or packaging goods, as a business paper, or for advertising goods, or
c) has in possession custody or control any material with a view to doing anything under b) by himself or another.

(3) A person commits an offence who with a view to gain for himself, etc.-
a) makes an article specifically designed or adapted for making a sign identical to or likely to be mistaken for, or
b) has an article in his possession custody or control in course of a business, knowing or having reason to believe that it has been, or will be used to produce goods or material for labelling, packaging, business material or for advertising.

Penalties.

S.92 (6)
a) summary conviction – 6 months imprisonment or fine, or both
b) on indictment – 10 years imprisonment or fine, or both

N.B. The TMA ’94 carries a maximum penalty of 10 years imprisonment on first conviction, making it an arrestable offence.