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Section 86 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 86. Exemption of certain persons employed in ordinary course of business

Where a person accused of an offence under Sec. 78 proves–

(a) That in the ordinary course of his business he is employed on behalf of other persons to apply trade marks or trade description, or, as the case may be, to make dies, blocks, machines, plates, or other instruments for making, or being used in making trade marks; and

(b) that in the case which is the subject of the charge he was so employed, and was not interested in the goods or other things by way of profit or commission dependent on the sale on such goods; and

(c) That, having taken all reasonable precautions against committing the offence charged, he had, at the time of the commissions of the alleged offence, no reason to suspect the genuineness of the trade mark or trade description; and

(d) That, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons on whose behalf the trade mark or trade description was applied he shall be acquitted.

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The Trade and Merchandise Marks Act,1958

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