Merchandise Marks Act, 1941 (Act No. 17 of 1941)2. What acts amount to applying trade description |
| (1) | A person shall be deemed to apply a trade description to goods who- |
| (a) | applies it to the goods themselves; or |
| (c) | places, encloses or annexes the goods in, with or to any covering, label, reel or other thing to which that trade description has been applied; or |
| (d) | uses in connection with the goods a trade description in such manner as to be likely to lead to the belief that the goods are designated or described by that description. |
| (2) | Goods delivered in pursuance of an offer or request in which reference is made to a trade description contained in any sign, advertisement, invoice, wine list, business letter, business paper or other commercial communication, shall, for the purposes of paragraph (d) of subsection (1), be deemed to be goods in connection with which that trade description is used. |
| (3) | ... |
| (4) | ... |
| (5) | Any person who sells goods which having been used have been reconditioned, rebuilt or remade, whether in the Republic or elsewhere, and which bear the trade mark of the original maker or seller of the goods, shall, unless there is applied to them in a conspicuous manner words stating clearly that the goods have been reconditioned, rebuilt or remade, as the case may be, be deemed to apply a false trade description to the goods. |
| (6) | Any person who applies to goods any word, name, letter, figure or mark, or arrangement or combination thereof, other than a trade mark, as is likely to lead to the belief that the goods are the manufacture or merchandise of some person other than the person whose manufacture or merchandise they really are, shall be deemed to apply a false description to the goods. |
[Section 2 substituted by section 2 of Act 38 of 1997.]