Section 5Part 0 —
Applying trademarks or descriptions to goods
←→ Navigate · Click subsection badges to collapse · Press ? for help
A person shall be deemed to apply a trade mark or a mark or trade description to goods who —
applies it to the goods themselves;
applies it to any covering, label, reel or other thing, in or with which the goods are sold, exposed or had in possession for any purpose of sale, trade or manufacture;
places, encloses or annexes, any goods which are sold or exposed or had in possession for any purpose of sale, trade or manufacture, in, with or to any covering, label, reel or other thing, to which a trade mark or trade description has been applied; or
uses a trade mark, mark or trade description in any manner calculated 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.
In subsection (1) —
includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame or wrapper; and
includes any band or ticket.
A trade mark, mark or trade description, shall be deemed applied whether it is woven, impressed or otherwise worked into, or annexed or affixed to, the goods, or to any covering, label, reel or other thing.
Goods delivered in pursuance of a request made by reference to a trade mark or trade description appearing in any sign, advertisement, invoice, wine list, business letter, business paper or other commercial communication, shall, for the purposes of paragraph (d) of subsection (l), be deemed to be goods in connection with which the trade mark or trade description is used.
A person shall be deemed to falsely apply to goods a trade mark or mark who, without the assent of the proprietor of a trade mark, applies such trade mark, or a mark so nearly resembling it as to be calculated to deceive; but in any prosecution for falsely applying a trade mark or mark to the goods the burden of proving the assent of the proprietor shall lie on the defendant.