16. Forfeiture and destruction of goods bearing unauthorised trade mark

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

Where the court is satisfied that an offence under section 92 of the Trade Marks Act 1994 has been committed, it must (on the application of a person who has come into possession of the goods in connection with the investigation or prosecution of the offence) order forfeiture of the goods (s. 97 Trade Marks Act 1994).

If it considers it appropriate, instead of ordering destruction of the goods, the court may direct that they be released to a specified person on condition that the offending sign is erased, removed or obliterated.