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4. Forging Trademark

A person shall be deemed to forge a trademark who either—

(a) Without the assent of the proprietor of the trademark, makes that trademark or a mark so nearly resembling that trademark as to be calculated to deceive; or

(b) Falsifies any genuine trademark, whether by alteration, addition, effacement, or otherwise, and any trademark or mark so made or falsified is in this Act referred to as a forged trademark:

Provided that, in any prosecution for forging a trademark, the burden of proving the assent of the proprietor shall lie on the defendant.

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