(1) Any person who makes a false representation

(a) that a trade mark is a registered trade mark; or

(b) that a part of a registered trade mark is separately registered as a trade mark; or

(c) that a registered trade mark is registered in respect of specific goods; or

(d) that the registration of a trade mark gives an exclusive right to its use taking into account the limitations entered on the register

commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding six months or to both and, in the case of a continuing offence, a further fine not exceeding 25 penalty units for each day on which the offence continues.

(2) For the purposes of this section, the use in the country in relation to a trade mark of the word "registered", or of any other word or of a 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 that symbol is used in physical association with words delineated in characters at least as large as those in which that word or that symbol is delineated and indicating that the reference is to registration as a mark under the law of a place outside the country, where the registration referred to is in force;

(b) where that word is a word other than the word "registered" or that symbol itself indicates that the reference is to the registration as described in paragraph (a); or

(c) where that word or that symbol is used in relation to a trade mark registered as a trade mark under the law of a place outside the country and in relation to goods to be exported to that place.