Rev. 2009]
Trade Marks
CAP. 506
47
(b) to have in possession for the purpose of sale for any purpose
of trade or commerce.
58B. (1) A trademark is applied to goods if -
Application.
5 of 1994.
(a) it is applied to the goods themselves; or
(b) it is applied to a covering on, in or attached to which the
goods are sold; or
(c) the goods are placed in or around, enclosed by or annexed
to any covering to which the trade mark or other mark has
been applied; or
(d) it is used in any manner likely to lead to the belief that the
goods in connection with which it is used are designated by
that trade mark or other mark.
(2) Goods delivered in pursuance of an offer or request made
by reference to a trade mark or other mark appearing in any sign,
advertisement, invoice, list, catalogue, business letter, business paper,
price list or other commercial documents, for the purposes of paragraph
(d) of subsection (1) are goods in connection with which the trade mark
or other mark is used.
(3) A trade mark is applied in relation to services if it is used in
any manner likely to lead to the belief that the services in connection
with which it is used are designated by that trade mark.
(4) A registered trade mark is falsely applied to goods or in relation
to services if, without the consent of the proprietor or the authority of
this Act, the registered trade mark or a mark so nearly resembling it as
to be likely to deceive or cause confusion is applied to the goods or in
relation to the services, as the case may be.
58C. For the purposes of this Part, a person forges a registered Forgery of registered
trade mark.
trademark if(a) without the consent of the proprietor of the registered trade
mark or the authority of this Act, he makes that trade mark or
a mark so nearly resembling that trade mark as to be likely
to deceive or cause confusion; or
5 of 1994.
(b) he falsifies a registered trade mark, whether by alteration,
addition, effacement or otherwise.
58D. (1) Subject to subsection (2), any person who-
Prohibition of forgery