Merchandise Marks Act

ARRANGEMENT OF SECTIONS

SECTION

1.    Short title.

1. Interpretation.
2. (1) Offences as to trade marks and trade descriptions.

1. Forging trade mark.
2. Applying mark or description.
3. Exemption of certain persons employed in ordinary course of business.
4. Application of the Act to watches.
5. Description of trade mark in pleading.
6. Rules as to evidence.
7. Punishment of accessory.

11 . (1) Issue of and proceedings on search warrant.

1. Costs of defence or prosecution.
2. Limitation of prosecution.
3. Prohibition of importation of goods liable to forfeiture under certain cases.
4. Provisions of the Act as to false description not to apply in certain cases.
5. Implied warranty on sale of marked goods.
6. Savings.
7. False representation as to warrant.

MERCHANDISE MARKS ACT

                An Act relating to fraudulent marks on merchandise.

[23 of 1915.15 of 1956. L.N. 47 of 1955.]

[6th January, 1916]

[Commencement.]

1. S h o r t t itl e

This Act may be cited as the Merchandise Marks Act.

1. Interpretation

“false trade description” means a trade description which is false or misleading in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false or misleading in a material respect; and the fact that a trade description is a trade mark, or part of a trade mark, shall not prevent such trade description being a false trade description within the meaning of this Act;

“goods” means anything which is the subject or trade, manufacture or merchandise;

“name“ includes any abbreviation of a name;

“person”, “manufacturer”, “dealer“ or “trader” and “proprietor” include any body of persons corporate or unincorporate;

“trade description” means any description, statement, or other indication, direct or indirect-