description or trade mark or mark.
(3) Where goods are supplied in pursuance of a request in which a trade description or trade mark
or mark is used and the circumstances are such as to make it reasonable to infer that the goods
are supplied as goods corresponding to that trade description or trade mark or mark, the person
supplying the goods shall be deemed to have applied that trade description or trade mark or
mark to the goods.
Offences in 6.(1) Subject to the provisions of this Act, any person who‐
respect of (a) in the course of any trade or business‐
trade (i) applies a false trade description to any goods; or
descriptions (ii) supplies or offers to supply any goods to which a false trade description is applied; or
(b) has in his possession for sale or for any purpose of trade or manufacture any goods to which a
false trade description is applied,
shall be guilty of an offence.
(2) A person exposing goods for supply or having goods in his possession for supply shall be
deemed to offer to supply them.
(3) Subject to the provisions of this Act, any person who disposes of or has in his possession any
die, block, machine, or other instrument for the purpose of making, or applying to goods a false
trade description commits an offence unless he proves that he acted without intent to defraud.
Trade descript‐ 7. (1) The following provisions of this section shall have effect where in an advertisement a trade
tions used in description is used in relation to any class of goods.
advertisements
(2) The trade description shall be taken as referring to all goods of the class, whether or not in
existence at the time the advertisement is published‐
(a) for the purpose of determining whether an offence has been committed under section
6(1) (a) (i); and
(b) where goods of the class are supplied or offered to be supplied by a person publishing or
displaying the advertisement, also for the purpose of determining whether an offence has
been committed under section 6 (1) (a) (ii).
(3) In determining for the purpose of this section whether any goods are of a class to which a trade
description used in an advertisement relates, regard shall be had not only to the form and content
of the advertisement but also to the time, place, manner and frequency of its publication and all
other matters making it likely or unlikely that a person to whom the goods are supplied would
think of the goods as belonging to the class in relation to which the trade description is used in the
advertisement.
Offences in 8. (1) Subject to the provisions of this Act, any person who‐
respect of (a) forges any trade mark;
(b) falsely applied to any goods any trade mark or any mark so nearly resembling a trade
mark as to be calculated to deceive;
(c) makes any die, block, machine or other instrument for the purpose of forging, or of being used
for forging, a trade mark;
(d) disposes of or has in his possession any die, block machine or other instrument for the purposes
of forging a trade mark; or
(e)causes to be done anything referred to in paragraph (a),(b), (c) or (d),
shall be guilty of an offence unless he proves that he acted without intent to defraud.
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