CHAPTER 85
MERCHANDISE MARKS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title and commencement.

   2.   Interpretation.

PART II
FORGERY AND DECEPTIVE APPLICATION OF TRADE MARKS, ETC.

   3.   Forging or falsely applying a trade mark or description.

   4.   Certain acts deemed to be forgery of a trade mark.

   5.   Saving of certain acts in ordinary course of business.

   6.   Selling goods bearing false trade marks or descriptions an offence.

   7.   Acts which constitute application of trade marks and descriptions.

   8.   Existing use saved in certain cases.

PART III
IMPLIED WARRANTY ON SALE OF MARKED GOODS

   9.   Implied warranty on sale of marked goods.

PART IV
PROVISIONS RELATING TO THE IMPORTATION OF GOODS

   10.   Prohibition of importation of certain goods.

   11.   Conditional prohibition of importation of goods.

PART V
INVESTIGATION AND PROCEEDINGS

   12.   Power of entry and inspection.

   13.   Forfeiture of goods upon conviction.

   14.   Forfeiture of goods in absence of owner.

   15.   Disposal of goods forfeited.

   16.   Evidence.

   17.   Limitation of prosecution.

   18.   Offences by companies.

   19.   [Amendment of Cap. 16.]

CHAPTER 85
THE MERCHANDISE MARKS ACT

An Act to control the use of marks and trade descriptions in relation to merchandise and other related marks.

[.......................]

Act No. 20 of 1963

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title and commencement

   This Act may be cited as the Merchandise Marks Act, and shall come into operation upon such date as the Minister may, by notice in the Gazette, appoint.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires–

   "covering" includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame or wrapper;

   "false name or initials" means, as applied to any goods, any name or initials of a person which–

   (a)   are not a trade mark, or part of a trade mark;

   (b)   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

   (c)   are either those of a fictitious person or of some person not bona fide carrying on business in connection with such goods;

   "false trade description" means a trade description which is false or misleading in a material respect as regards the goods to which it is applied, and includes any 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 from being a false trade description within the meaning of this Act;

   "forged trade mark" has the meaning assigned to it by section 4;

   "goods" means anything which is the subject of trade, manufacture or merchandise;

   "inspector" means any person appointed by the Minister to be an inspector for the purposes of this Act;

   "label" includes any band or ticket;

   "Minister" means the Minister responsible for commerce;

   "name" includes any abbreviation of a name;

   "trade description" means any description, statement, or other indication, direct or indirect–

   (a)   as to the number, quantity, measure, gauge or weight of any goods;

   (b)   as to the standard of quality of any goods, according to a classification commonly used or recognised in the trade;

   (c)   as to the fitness for purpose, strength, performance or behaviour of any goods;

   (d)   as to the place or country in which any goods were made or produced;

   (e)   as to the mode of manufacturing or producing any goods;

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