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Section 76 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 76. Meaning of applying trade marks and trade descriptions

(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 package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture; or

(c) Places, encloses, or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a trade mark or mark or trade description has been applied; or

(d) Uses a trade mark or mark or trade description in any manner reasonably likely to lead to the belief that the goods in connection with which it is used are designated or described by that trade mark or mark or trade description; or

(e) In relation to the goods uses a trade mark or trade description in any sign, advertisement, invoice, catalogue, business letter, business Paper, price list, or other Commercial document, and good are reference to the trade mark or trade description as so used.

(2) A trade mark or mark or trade description shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing.

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The Trade and Merchandise Marks Act,1958

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