73B. When trade mark deemed applied
Feedback & supportLast amended by an amending law of 1991.
A trade mark shall be deemed to be applied to goods if it is woven in, impressed on, worked into, or annexed or affixed to, the goods.
trade mark
“trade mark” means —(a)except in relation to a defensive or a certification trade mark, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate, a connection in the course of trade between the goods or services and a person who has the right, either as proprietor or as registered user, to use the mark, whether with or without an indication of the identity of that person;(b)in relation to a defensive trade mark, a mark registered under section 41; and(c)in relation to a certification trade mark, a mark registered under section 68;
A trade mark shall be deemed to be applied to goods if —
it is applied to the goods themselves; or
it is applied to a covering, label, reel or thing in or with which the goods are sold or exposed or had in possession for a purpose of trade or manufacture.
A trade mark shall be deemed to be applied to goods or services if it is used in —
a manner likely to lead to the belief that it refers to, describes or designates the goods or services;
a sign or advertisement, including a televised advertisement; or
an invoice, wine list, catalogue, business letter, business paper, price list or other commercial document,and goods are delivered, or services provided, as the case may be, to a person in pursuance of a request or order made by reference to the trade mark as so used.
For the purposes of this section, “covering” includes a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper, and “label” includes a band or ticket.
A registered trade mark shall be deemed to be falsely applied to goods or services if, without the assent of the registered proprietor of the trade mark or of a registered user of the trade mark, the trade mark or a mark substantially identical with it is applied to the goods or services.
registered trade mark
“registered trade mark” means a trade mark which is actually upon the register;
In a prosecution for falsely applying a registered trade mark to goods or services, the burden of proving the assent of the registered proprietor or a registered user lies on the defendant.
registered proprietor
“registered proprietor”, in relation to a trade mark, means the person for the time being entered in the register as proprietor of the trade mark;