Unauthorised use of trade mark, etc., in relation to goods

(1) A person commits an offence who with a view to gain for himself or another, or with intent to cause a loss to another, and without the consent of the proprietor, Unauthorized (a) applies to goods or their packaging a sign identical to, or likely to be mistaken for, a (b) sells or lets for hire, offers or exposes for sale or hire or distributes goods which bear, or the packaging of which bears, such a sign; or (c) has in his possession, custody or control in the course of a business any such goods with a view to the doing of anything, by himself or another, which would be an offence under paragraph (b) of this subsection. 63 (2) 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 a sign identical to, or likely to be mistaken for, a registered trade mark 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 such a sign for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods; or (c) has in his possession, custody or control in the course of a business any such material with a view to the doing of anything by himself or another, which would be an paragraph (b) of this subsection. (3) 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) makes an article specifically designed or adapted for making copies of a sign identical to, or likely to be mistaken for, a registered trade mark; or (b) has such an article in his possession, custody or control in the course of a business, 64 knowing or having reason to believe that it has been, or is to be, used to produce goods, material for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods. (4) A person does not commit an offence under this section unless, (a) the goods are goods in respect of which the trade mark is registered; or (b) the trade mark has a reputation in Belize and the use of the sign takes or would take unfair advantage of, or is or would be detrimental to, the distinctive character or the repute of the trade mark. (5) It is a defence for a person charged with an offence under this section to show that he believed on reasonable grounds that the use of the sign in the manner in which it was used, or was to be used, was not an infringement of the (6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding fifteen thousand dollars or to imprisonment for a period not exceeding ten years and where the offence continues after the first conviction, to a further fine of one hundred dollars for every day such offence continues, or in default of payment of the fine to imprisonment for a period of ten days for every day such offence continues.