Cap. 597 Art. 108Unauthorised use of trademark, etc., in relation to goods.

(1) Any person 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 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); or

(d) 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

(e) uses, in the course of a business material bearing such a sign for labelling or packaging goods, or as a business paper in relation to goods, or for advertising goods; or

(f) 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 offence under paragraph (e); or

(g) (i) makes an article specifically designed or adapted for making copies of a sign of or to make a sign likely to be mistaken for, a registered trademark; or

(ii) has such an article in his possession, custody or control in the course of a business, knowing or having reason to believe that it has been, or is to be, used to produce goods, or material for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods, shall be guilty of an offence against this article.

(2) A person does not commit an offence against this article unless -

(a) the goods to which the offence refers are goods in respect of which the trademark is registered; or

(b) the trademark has a reputation in Malta 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 trademark.

(3) It is a defence for a person charged with an offence against this article 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 registered trademark.

(4) A person guilty of an offence under this article shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine (multa) of not more than twenty-three thousand and two hundred and ninety-five euro (€23,295) or to both such fine and imprisonment.