Section 58D of Trade Marks Act CAP 506: Prohibition of forgery of registered trade mark

(1) Subject to subsection (2), any person who—
(a) forges a registered trade mark; or
(b) falsely applies a registered trade mark to goods or in relation to services; or
(c) makes a die, block, machine or other instruments, for the purpose of forging, or of being used for forging, a registered trade mark; or
(d) disposes of, or has in his possession, a die, block, machine or other instrument for the purpose of forging or of being used for forging, a registered trade mark; or (e) without the consent of the proprietor of a registered trade mark—
(i) makes, imports or has in his possession any device for applying that registered trade mark to goods or in relation to services or representations of that trade mark; or
(ii) makes any reproduction, replicas or representations of that trade mark; or
(iii) imports any reproductions, replicas or representations of that trade mark otherwise than on goods to which they have been applied; or (f) makes, imports or has in his possession—
(i) any device for applying to any goods or in relation to any services a mark so nearly resembling a registered trade mark as to be likely to deceive or cause confusion; or
(ii) any reproduction, replica or representation of a mark so nearly resembling a registered trade mark as to be likely to deceive or cause confusion, for the purpose of applying it to goods or in relation to services contrary to the provisions of this Part; or
(iii) any covering bearing a mark so nearly resembling a registered trade mark as to be likely to deceive or cause confusion, for the purpose of using it to cover or contain, or in relation to, goods contrary to the provisions of this Part,
shall be guilty of an offence, and liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding five years or to both.
(2) It is a sufficient defence to any charge—
(a) under subsection (1), if the person concerned proves that he acted without intent to defraud; or
(b) under paragraph (b) or (c) of subsection (1), if the person concerned proves that—
(i) in the ordinary course of his business he was employed on behalf of other persons, either to make dies, blocks, machines or other instruments for making or being used in making trade marks or, as the case may be, to apply trade marks to goods or in relation to services and that, in the case which is the subject of the charge, he was so employed by some other person and was not interested in the goods or services by way
of profit or commission dependent on the sale of such goods or performance of such services; and
(ii) he took reasonable precautions against committing the offence charged; and
(iii) he had, at the time of the commission of the alleged offence, no reason to suspect that the trade mark was not genuine; and
(iv) on request made by a police officer, he gave to that police officer information in his power with respect to the person on whose behalf the trade mark was applied.