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The Merchandise Marks Act, 1889

( ACT NO. IV OF 1889 )

2. In this Act, unless there is something repugnant in the subject or context,-
(1) “trade mark” has the meaning assigned to that expression in section 478 of the Penal Code as amended by this Act:
(2) “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, or
(b) as to the place or country in which, or the time at which, any goods were made or produced, or
(c) as to the mode of manufacturing or producing any goods, or
(d) as to the material of which any goods are composed, or
(e) as to any goods being the subject of an existing patent, privilege or copyright;
and the use of any numeral, word or mark which according to the custom of the trade is commonly taken to be an indication of any of the above matters shall be deemed to be a trade description within the meaning of this Act;
(3) “false trade description” means a trade description which is untrue in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue 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 being a false trade description within the meaning of this Act:
(4) “goods” means anything which is the subject of trade or manufacture: and
(5) “name” includes any abbreviation of a name.

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