4 MerchanctiseMarks (a) that having.takea.all reasona*,:pr"liltiOlls. agaimsteommittingan , offence agaiostthis Act, he ha4, at .Ule·. time of thecom,m;iiSion of . tlteailege,4 ()ffence•. no . r~ ,tosl.lspect tlle. genuineD¢SS of the trade mark, mark or trade description, and that:on demand made ?r or on beh~ of the prosecutor. he gave aU the inform~tio~ in hIS power wIth respect to the persons from whom he obtain.ed such goods: or (b) .tllat otherwise he had aotedipnocently, be guilty · of an ollfence ~d shall on conviction be liable 'to a .fine not exceeding ten th()usand shillings or to imprisonment for a term not exceeding one year or to both such fine and imprisonment. Actswhi~ constitute applico:ation of trade marks and descriptions 7.-(1) A person shall be deemed to apply a trade mark or mark or trade description to goods who(a) applies it to the goods themselves; or (b) applies it to any covering. label, reel or other thing in or with which the goods are sold or exposed or had in possession for any purpose of sale. trade or manufacture; or (c) places. encloses or annexes any goods which are sold or exposed or had in possession tor any purpose of sale. trade or manufacture, in, with or to any covering, label, reel or other thing to which a trademark or trade description has been applied; or (d) uses a trade mark, mark or trade description in any manner likely to lead to the belief that the goods in connection with which it is used are designated or described by that trade mark. mark or trade ·description. (2) A person shall be deemed falsely to apply a trade mark .or mar~ to goods who without the assent of the proprietor of a trade mark applies such trade mark or a mark so neady resembling it as to be likely to deceive. ' . (3) The provisions of this Act respecting the application of a false trade description .to goods shall extend to the application to goods of any such figures. words. marks or colours or arrangement or combination thereof., whether ' including .a trade mark or not, or any false lWDe or initials. as are likely 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 ' in fact are and provisions relating to goods to which a false · trade description is applied shall be constru¢ accordingly. . . (4)GOPds. delivered jn pursuance of a request mad~by aref~rence to a trade mark or trade description appearing inany .sign,aclvertisement, invoice. wine list; business letter; business paper or other commercial co~unicat!()n; .shaH~for the pur{lOse of P.aFagrapb(d) of~ubs~on (1) of this' section, be ·deemed to be goods In connectIon WIth which the . tradelllarkortrade.description is used. Existing use saved in certain cases 8.-(1) · Where~t the commencement .ofthis Acta· trade ,dl\iSCription is lawfully aQd generally applied to goods of Jlparticular , class. or