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5. Applying Mark Or Description

(1) A person shall be deemed to apply a trademark or mark or trade description to goods who—
(a) applies it to the goods themselves; or

(b) applies it 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) places, encloses, or annexes any goods which are sold or exposed or had in possession for any purpose of sale, trade, or manufacture, in, with, or to any covering, label, reel, or other thing to which a trademark or trade description has been applied; or

(d) uses a trademark or mark or trade description in any manner calculated to lead to the belief that the goods in connection with which it is used are designated or described by that trademark or mark or trade description.

(2) The expression ”covering” includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame or wrapper; and the expression ”label” includes any band or ticket.

(3) A trademark or mark or trade description shall be deemed to be applied whether it is woven, impressed, or otherwise worked into, or annexed, or affixed to the goods or to any covering, label, reel or other thing.

(4) A person shall be deemed falsely to apply to goods a trademark or mark who, without the assent of the proprietor of a trademark, applies such trademark or a mark so nearly resembling it as to be calculated to deceive, but in any prosecution for falsely applying a trademark or mark to goods the burden of proving the assent of the proprietor shall lie on the defendant.

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NLIPW

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FILE A TRADEMARK