, Me"chandi~ M<lFks
t:. mattuilletured .· b-yaJ:!ll\rticular methOd, 'to i.D.d.icate the ipat1i¢~:!4)lass .or
melih0d otmanWiacture of su¢h good8,the provisions:iof',. tlijs \~t With
respect to false trade descriptions shU not apply to suGb;ta¢.• d,escrip
tion when so applied:
' " '\ :i
O
,
. Provided that: where such trade descripti()n inCl~des, ilie ~ine of a
place or' country, and is likely to mislead as to . the ,pl~,(),;,:coWl~y
w~ere t~e goods to which it.is applied 'Yere actually ~d~ 'PI;' ,PJlQ(,i~~,
thiS s,ectlon shall not apply,tmiesstherelg.added,tbthel' tra<J:e4."pJ,'lptiQll.'.
immediately before or after the name of that place or country,iq, ,~
equally conspicuous manner, with that, name, the n~e Qfthe.!pla.ce, or
country in which the goods. were actually made or. J)l,'OQ'J.eq9;: ~ith a
statement that they w~re made or produced there.
. ,., "
(2) Where
":
(a) at the commencement of this Act a trademark eitl\eflS'relisteted
under the Trade Marks Ordinance or is in uSe to"md'Icate a
connection in the course of trade between goods and 'the proprietor
of the trade mark; and
(b) the trade mark is used to indicate a connection in the course of
. trade between the good-s and the ' person who is:the piroprietor of
the trade mark or between the goods and a person who is
registered under section 31 of the Trade Marks Ordinance as a
registered user of the trade mark; and
(c) the person who is the proprietor of the trade 'mark is the same
person as, or a successor in title of, the person who is the
proprietor at the commencement of this Act,
the provisions of this Act with respect to false trade descriptions shall
not apply to such trade mark or part of such trade lll8.fk when applied to
such goods.
"
PART 111
IMPLIED WARRANTY ON SALE OF MARKED GooDS
9. On the sale 'or in the contract for the sale of any goods to whiCh a Implied
trade mark or mark or trade description has been applied, the vendor
f
shall be deemed to warrant that the mark is .a genuine trade mark and :a:kc~~oods
not forged or falsely applied, or that the trade description is not a false
trade description within the meaning of this Act, unless the cCifltrary is
expressed in writing signed by or on behalf of the vendor and delivered
at the time of the sale or ,contract t,o andaccepted; ,by the purchaser.
warr:rty
PART IV
PROVISIONS RELATING TO THE IMPORTATION
op~ ,
lO~ No .person' ,shalliniportint9 "Tanganyika ' for sale any 'goOds- Prohibition
.. .
.'.' .''.'. ... .., . '
'
., .
-'
.""
..
: .' .'
. of importa
(a) to which any,forgedt~de mal,'k. or ,false trade tl'escription,,is tion of
".. applied or to which'any tradelPfirk ·ora mark so nearly resembling ~
a trade lllatk as to be likely to deceive is falsely applied; or
goo s
(b) to which there is applied ,any ttade; ttiark Ot',ttade descripti<>il
which contains a director .indirect reference to any town, place,
district or country other than the town, place; district or country
in which the goods were made or which bear:anyname 'or trade
, ;