IPlNll/SWZIE/1
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THE MERCHANDISE MARKS ACT
Date of cornmencement : 30th April, 1937.
An _4.ct to mak e provision against the use of false trade descriptions andforged
trade marks.
. Short title.
1.
This Act may be cited as the Merchandise Marks Act, 1937.
Interpretation.
2.
For the purposes of this Act
"false trade description" means a trade description which is false in a material
respect as regards the goods to which it is applied, and includes every alter
ation of a trade description whether by way of addition, effacement or
otherwise where that alteration makes the description false in a material
respect, and the fact that a trade description is a trade mark or part of a
trade mark shall 110t prevent such trade description being a false trade
description within the meaning of· this Act;
"goods" means anything
\~!rJc11 is
subject of trade, manufacture or merchandise:
"magistrate's court" means a court established under the Subordinate Courts
Proclamation (CaJ? 20);
"Minister" means the Deputy Prime Minister ;
"name" includes an abbreviation of a name;
"person", "manufacturer", "dealer" =- or "trader" and "proprietor" include any
body of persons corporate and unincorporate ;
"trade description" means any description, statement or other indication direct
or indirect as to
(a) the number, quantity, measure, gauge or weight of any goods; or
(b) the place or country in which any goods were made or produced; or
(c) the mode of manufacturing or producing any goods; or
Cd) the material of which any goods are composed; or
(e) any goods being the subject of an existing patent, privilege or
copyright; or
(j) the standard of quality of any goods according to a classification
commonly used or recognised in the trade; or
(g) the fitness for purpose, strength, performance or behaviour of any
goods;
and the lise of any figure, word or mark which according to the custom of
the trade is commonly taken to be an indication of any of the above matters
rshall be deemed to be a trade description within the meaning of this . A
. ct;