Consumer Protection (Trade Descriptions and Safety Requirements) Act 1975 · 2020 Revised Edition · Part 2 · Prohibition of False Trade Descriptions
8. Trade marks containing trade descriptions
Feedback & supportA trade description which is or is part of a trade mark within the meaning of the Trade Marks Act 1998 may be a false trade description when applied to any goods, except where all of the following conditions are satisfied:
trade description
“trade description” means any description, statement or indication which, directly or indirectly and by whatever means given, relates to any of the following matters: (a)quantity, length, width, height, area, volume, capacity or weight of any goods;(b)method of manufacture, production, processing or reconditioning of any goods;(c)composition of any goods;(d)fitness for purpose (including expiry date), strength, performance, behaviour or accuracy of any goods;(e)degree of fineness of gold and silver goods;(f)physical characteristics of any goods not included in paragraphs (a) to (e);(g)testing of any goods by any person and the results of such testing;(h)approval of any goods by any person or their conformity with a type approved by any person;(i)place or date of manufacture, production, processing or reconditioning of any goods;(j)person by whom any goods are manufactured, produced, processed or reconditioned; (k)other history, including previous ownership or use, of any goods.
it could have been lawfully applied to the goods if this Act had not been passed;
goods
“goods” includes ships, aircraft, vehicles, animals, plants and all kinds of movable property;
on 1 August 1975 the trade mark either is registered under the Trade Marks Act 1998 or is in use to indicate a connection in the course of trade between those goods and the proprietor of the trade mark;
the trade mark as applied is used to indicate such a connection between the goods and the proprietor of the trade mark or a registered user of the trade mark under the Trade Marks Act 1998;
the person who is the proprietor of the trade mark is the same person as, or a successor in title of, the proprietor on 1 August 1975.