(1) A person shall not, intentionally or recklessly falsely apply a registered trade mark—
(a) to goods that are being, or are to be, dealt with or provided in the course of trade; or
(b) in relation to goods or services that are being, or are to be, dealt with or provided in the course of trade,
knowing that the trade mark is registered or reckless of whether or not the trade mark is registered.
(2) A person falsely applies a registered trade mark to goods, or in relation to goods or services if the person applies the trade mark or a sign substantially identical with it to the goods or in relation to the goods or services without—
(a) the permission of the registered owner, or of an authorised user, of the trade mark; and
(b) being required or authorised to do so by this Act, a direction of the Registrar or an order of a court.