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