1963
Merchahdise Marks
3
(d) appliCt$o £Ill¥ f~ trade descriplioD; ,to goods;, or "
(e) 'Cl~ 'Of or has ih lUs ' poss~iOh; any, die.bro~k. machine. or
purpt)Se Of f6rgitt~a trademark; or
(t)Cil~ ~y ofihetbmgs referred to in the foregoing paragfaphs of
this section to be done.
Other itiStttmietJ.t fOt
fli~
shall. subject to the provisions of .this Act and unleSs he proves that he
acted without iIlItent to defraud. be guilty of an offence , and ,shall on
conviction be liable to a fine not exceeding ten thousand shi11ings .or to
impriso11ment for a term lI1Gt eKceeding 0fie ytw' or ttl both such fine and
such imptisonment.
4. A person shall be deemed to forge a trade mark who eitherCertain acts
(a) Wlth6bt the assent of t1ie proprietor of the ttade'matk ihakes that
~
r::-:':::l
trade mark or a mark so nearly resembling that trade mark as to a trado mark
be likely to deceive; or
(b) falsifies anygenuioe trade mark. whether by alteration. additron.
otherw~,
effactll1ient.
and any trade mark or mark so made or falsified,. is in this Act referred
to as a forged trade mark.
or
I
5. It sJuill be a sufficient def~ toa.ny~llltrge of making any die. Savi~g of
block, machilie, t)r other ihsttUment for th~ ~ of forging. or being i~r:,~in~C:;
used for forgi11g.a trade mark, or of falsely applying to goods lU1y trade coU!SO of
mar.lc or any m~k so nearly resembling a ,trade mark as to be likely busmess
to , 4eceive. or of ~~p
'J!Yilig to ,good,S an
,' y ' false trade d,esctiption. or
causilig any 6f the " -" gs in ,this section mehtioned to be done, if the
accused Satisiies the court
(a) that in the ordinary course of his business he is employed. , on
behalf of O\:het petSOtis. to make dieS. blocks. machines, or other
itiBthllnents for makingoc bemg used in making trade markS. or.
as thectlse may be. to apply trade marks or trade descriptions to
goods. and that in the case which is the subject of the charge he
was so employed, by some person resident in Tanganyika. ,and
waS .not interested ,ih the gOOds bY'way of ptofit or cotntnission
dependent on the saJ~ 6f such goods; attd
(b) that,he,took reasonable precautiobsagaiost cotnniitting the ~ce
charged; and
(e}that 'he had, at the tUne Of the cortUnission. of th~ alfeged offence.
no~n
to suspect the genuineness of the trade,mark or trade
, des¢f\ptioti;and
,
(d) tha.t he g~ve to the prosecutor all the information in his power
With res~ , to the ~'tsonsOh Wh~ behalf thtl: trademark or
tfad'e d~ct1l1tioo. Was a!)plied.
~. Ewry J)etS'Oh Who '8eI1~. or eXposes fOr sa'ie.Ot ,~ in hrsP6ssmion Soiling goods
fot saii; 01' (Of any pti~ of Ittade.Or man~fa~n~:anY good~ to which ~~:~
a,nyforged trade mark or false trade descttptiM is.a~ ~to wblch 'or descri~
any trade mark or ,mark so nearly resembling a trade mark as to be tions an
litfdy.'tt) dC!ceiveisfalsely applied. as the case 111AY 'be. shall. 'uilless he ollenee
ph)vC!8 eith«-