24
Penalty for
falsely representing a trade
mark as registered
or Service
No. 12
Trade and Service Marks
1986
57.-(1) Any person who makes a representation(a) with respect to a trade mark or service not being a registered trade or
service mark to the effect that it is a registered trade or service mark;
(b) with respect to a part of a registered trade or service mark not being
a part separately registered as a trade or service mark to the effect
that it is so registered; or
(c) to the effect that a registered trade or service mark is registered in
respect of any goods or services in respect of which it is not
registered; or
(d) to the effect that the registration of a trade or service mark gives an
exclusive right to the use thereof in any circumstances in which,
have regard to limitations entered in the register the registration
does not give that right,
shall be guilty of an offence and liable to a fine of fifty thousand shillings
or; to imprisonment for a period not exceeding seven years or to both
such fine and such imprisonment.
(2) For the purposes of this section, the use in Tanzania in relation to a
trade or service mark of the word ''registered'' or the symbol R, or of any
other word or symbol referring whether expressly or impliedly, to registration, shall be deemed to import a reference to registration in the register,
except(a) where that word or symbol is used in physical association with other
words delineated in characters at least as large as those in
which that word or symbol is delineated and indicating that the
reference is to registration as a trade or service mark tinder the law
of the country outside Tanzania, being a country under the law of
which the registration referred to is in fact in force;
(b) where that word (being a word other than the word ''registered'')
or symbol is of itself such as to Indicate that the reference is to
such registration as last aforesaid; or
(c) where that word or symbol is used in relation to a trade or service
mark under the law of a country outside Tanzania and in relation to
goods or services to be exported to that country.
Deceiving
or influencing
the Registrar
or an officer
Penalties
58. Any person who -(a) for the purpose of deceiving the Registrar or any other official of the
Trade Mark Office in the execution of the provisions of this Act; or
(b) for the purpose of procuring or influencing the doing or omission
of anything in relation to this Act or any matter thereunder,
makes or submits a false statement or representation, whether orally or in
writing, knowing the same to be false, shall be guilty of an offence.
59. Save where otherwise provided in this Act, any person who is guilty
of an offence under this Act shall be liable to a fine not exceeding a ten
thousand shillings, or imprisonment for a period not exceeding three years,
or to both such fine and such imprisonment.