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.