PART II
APPLICATION OF
DESCRIPTIONS
TRADE
MARKS
AND
TRADE
3. (1) A person shall be deemed to apply a trade mark or trade
description to goods if he-
(a)
applies it to the goods themselves; or
(b)
applies it to any covering, label, reel or other thing in or attached
to which the goods are sold; or
(c)
places, encloses or annexes the goods which are sold in, with or
to any covering, label, reel or other thing to which a trade mark or trade
description has been applied; or
(d)
uses a trade mark or trade description in any manner so as to be
likely to lead to the belief that the goods in connection with which it is
used are designated or described by that trade mark or trade description.
(2) Goods delivered in pursuance of an offer or request made by
reference to a trade mark or trade description appearing in any sign,
advertisement, invoice, wine list, business letter, business paper or other
commercial communication shall, for the purposes of paragraph (d) of
subsection (1), be deemed to be goods in connection with which the
trade mark or trade description is used.
(3) A person shall be deemed falsely to apply to goods a trade mark
who, without the consent of the proprietor or of any person who is, in
terms of any enactment in force within Zambia, the registered user
thereof, applies to the goods that trade mark or a mark so nearly
resembling it as to be likely to deceive.
(4) Any person who applies to goods any word, name, letter, figure or
mark, or arrangement or combination thereof, whether consisting of or
including a trade mark or part of a trade mark or not, which is likely to
Application of
trade marks and
trade
descriptions