IPIN/l/SWZ/E/l
Page 3
"trade mark" means a trade mark registered in the register of Trade marks kept
under the Trade Marks Registration Proclamation, 1902, of the Transvaal,
as formerly in force in Swaziland, or under Part \lTI .of the Patents, Designs
and Trade Marks Act, and. includes any trade mark which, either with or
without registration, is protected by law in the United Kingdom or in any
part of the British Commonwealth OT a foreign state, to which section 103
of the Patents, Designs and Trade Marks Act, 1883, 'of the United Kingdom,
are under Order in Council for the time being applicable (which section is
set forth in the Schedule).
(2) TIle provisions of this Act relating to the application of a false trade description
to goods shall extend to the application to goods of any such figures, words or marks or
arrangement or combination thereof whether including a trade mark or not as are reasonably
calculated to lead persons to believe that the goods are the manufacture or merchandise
of some person other than the person whose manufacture or merchandise they really are.
(3) The provisions of this Act relating to the application of a false trade description
to goods or relating to goods to which. a false trade description is applied shall extend to the
application to goods of any false name or initials of a person and to goods with the false
name and initials of a person applied in like manner as if such name or initials were a trade
description, and for the purpose of this enactment the expression false name or initials means
as applied to any goods any narpe or initials of aperson which
(a) are not a trade mark or part of a trade mark; and
(b) are identical with or a colourable imitation of the name or initials of a
person carrying on business in connection with goods of the same description
and not having authorised the use of such name or initials; and
(c) are either those of a ficticious person or of some person not bonafide carrying
on business in connection with such goods.
Offences.
3.
(1)
Every person who
(a) forges any trade "mark; or
(b) falsely applies to goods any trade mark or any mark so nearly resembling
a trade mark as to be calculated to deceive; or
(c) makes any die, block, machine or other instrument for the purpose
ging or of being used for forging a trade mark; or
of for
Cd) applies any false trade description to goods; or
(e) disposes of or has in his possession any die, block, machine or other instru
ment for the purpose of forging a trade mark; or
if) manufactures, imports or has in his possession any labels for the purpos-e
of applying them contrary to the provisions of this Act; or
(g) causes any of the things above in this section mentioned to' be done;
shall, subject to the provisions of this Act and unless he proves that he acted without intent
to defraud, be guilty of an offence.
(2) Every person who sells or exposes, or has in his possession, for sale or any
purpose of trade or manufacture any goods or things to which any forged trade mark or