(a)
any visual representation of the trade mark upon or in relation
to goods or in relation to the rendering of services;
(b)
any audible reproduction of the trade mark in relation to goods
or the rendering of services; or
(c)
the use of the trade mark in promotional activities,
which in any way, directly or indirectly, is intended to be brought into
association with or to allude to an event.
(4)
Any person who contravenes subsection (2) shall be guilty of an
offence.
(5)
For the purposes of this section 'trade mark' includes a mark.
[S. 15A inserted by s. 2 of Act 61 of 2002.]
16.
Implied warranty on sale of marked goods
Every person who sells any goods to which a trade description has been
applied shall be deemed to warrant that the trade description is not a false
trade description unless the contrary is expressed in writing signed by the
seller or on his or her behalf and delivered at the time of the sale to and
accepted by the purchaser.
[S. 16 substituted by s. 12 of Act 38 of 1997.]
17.
Containers marked with owner's name not to be sold
(1)
Any person(a)
who buys or sells any container or closure therefor to which
have been indelibly applied words in any official language of
the Republic stating plainly that the container or closure is the
property of a named person; or
(b)
who sells any goods contained in any such container without
the consent in writing of the person so named, unless those
goods are the property of or have been produced or
manufactured by the person so named,
shall be guilty of an offence.
(2)
Subsection (1) shall not apply to any transaction whereby any such
container or closure is sold(a)
by the manufacturer thereof to the person named thereon; or
(b)
with the whole of the business in connection with which it is
used.
[S. 17 amended by s. 2 of Act 55 of 1967 and substituted by
s. 13 of Act 38 of 1997.]
18.
Evidence