930

Applying
marks and
descriptions,

Ch, 31. No. 17.) AMlerchandise Marks.

Provided that, in any prosecution for forging a trade mark,
the burden of proving the assent of the proprietor shall he
on the defendant.

5. (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

(6) apples 1 to any covering, label, reel, or other
thing in or with which the goods are sold or exposed
or had in possession for any purpose of sale, trade, or
manufacture; or

(c) plac enclose. , or annexes any goods which are
sold or exposed or had in possession jor any purpose of
sale, (rade, or manufacture, in, with, or to any covering
label, reel, or other thing to which a trade mark or
trade deseription has been applied,

(@) uses a trade mark or mark or trade description
any manner calculated to lead to the belief that the
goods in connection with whieh itis used are designated
or described by that trade mark or mark or trade
description Provided: that goods delivered in. pursu-
ance of a request made by reference to a trade mark
or mark or trade description appearing in any sign,
advertisement, mvoice, wine fist, business letter,
busine, paper or other conmmercial communication,
shall, for Che purposes of this paragraph be deemed to
be goods in connection with which the trade mark
or mark or trade deseription is used.

(2) Phe expression covering — micludes any stopper,
cask, bottle, vessel, box, cover, “capsule, case, frame, or
Wrapper; and the oxpression label" includes any band or
ticket.

A trade mark, or mark, or trade deseription, shall be
deemed to be apphed whether if is woven, impressed, or
otherwise worked into, or annexed, or aflixed to the goods,
or to any covering, label, reel, or other thing.

(3) 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, ora
mark so nearly csembling as to be calculated to deceive ;
but in any prosecution for falsely applying a trade mark or