s.2Definitions, application and interpretation
2
Section 2Part 0 —

Definitions, application and interpretation

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In this Law —
means a trade description which is false or misleading in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement or otherwise, where that alteration makes the description false or misleading in a material respect, and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this Law
means anything which is the subject of trade, manufacture or merchandise
do not include —
goods which, since the date of their importation, have undergone in the Islands any treatment or process resulting in a substantial change in the goods; or
goods produced or manufactured in the Islands which, after exportation, are brought back into the Islands, including any such goods which have undergone, outside of the Islands, any treatment or process not resulting in a substantial change in the goods
means a definite indication of the country in which the goods were manufactured or produced, the indication being given conspicuously
includes any abbreviation of a name
include any body of persons corporate or unincorporate
means the customs entry relating to imported goods, or any description, statement or any indication, direct or indirect as to —
the number, quantity, measure, gauge or weight of any goods;
the standard of quality of any goods, according to a classification commonly used or recognised in the trade;
the fitness for purpose, strength, performance or behaviour of any goods;
the place or country in which any goods were made or produced;
the mode of manufacturing or producing any goods;
the material of which any goods are composed; or
any goods being the subject of an existing patent, privilege or copyright, and the use of any figure, word or mark which, according to the customs of the trade, is commonly taken to be an indication of any of the above matters, shall be deemed to be a trade description within the meaning of this Law
has the meaning assigned to it by the Patents and Trade Marks Law (1995 Revision).
The provisions of this Law, respecting the application of a false trade description to goods, shall extend to the application to goods of any such figures, words or marks, or arrangement or combination thereof, whether including a trade or not, as are reasonably calculated 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 really are.
The provisions of this Law, respecting the application of a false description to goods, or respecting goods to which a false trade description is applied, shall extend to the application to goods of any false name or initials of a person, and to goods with the false name or initials of a person, applied in like manner as if such name or initials were a trade description, and for the purpose of this enactment the expression "false name" or "initials" means, as applied to any goods, any name or initials of a person which —
are not a trade mark or part of a trade mark;
are identical with or a colourable imitation of the name or initials of a person carrying on business in connection with goods of the same description, and not having authorised the use of such name or initials; and
are either those of a fictitious person, or of some person not bona fide carrying on business in connection with such goods.
Without prejudice to the generality of the definitions of "trade description" and "false trade description", a trade description shall be deemed for the purposes of this Law to be a false trade description if it is calculated to be misunderstood as, or mistaken for, an indication as to the same or some other such matter which would be false or misleading in a material respect as regards the goods to which the description is applied, and anything calculated to be misunderstood as, or mistaken for, an indication of any of those matters shall be deemed for those purposes to be a trade description.
Notwithstanding anything contained in the definition of "false trade description", no trade mark, or part of a trade mark, shall by virtue of paragraphs (b) and (c) of subsection (1) and subsection (4) be treated as a false trade description in relation to any goods to which the trade mark is applied, if —
the trade mark is one currently recorded under the Patents and Trade Marks Law (1995 Revision); or
the trade mark is one in respect of which an application for recording under that law is pending.
Nothing in this section shall operate to extend the classes of goods which, under section 14, are prohibited to be imported into the Islands as having a false trade description applied to them.

Defined Terms

false trade descriptiongoodsimported goodsindication of originnamepersonmanufacturerdealertraderproprietortrade descriptiontrade mark

Cross References