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3. Offences As To Trademarks And Trade Descriptions

(1) Every person who—
(a) Forges any trademark; or

(b) Falsely applies to goods any trademark or any marks so nearly resembling a trademark as to be calculated to deceive; or

(c) Makes, disposes of, or has in his possession any die, block, machine or other instrument for the purpose of forging, or of being used for forging, a trademark; or

(d) Applies any false trade description to goods; or

(e) Causes any of the things above in this section mentioned to be done,

shall, subject to the provisions of this Act and unless he proves that he acted without intent to defraud, be guilty of an offence.

Selling Goods To Which False Trademarks Descriptions Applied

(2) Every person who sells, or exposes for, or has in his possession for, sale, or any purpose of trade or manufacture, any goods or things to which any forged trademark or false trade description is applied, or to which any trademark or mark so nearly resembling a trademark as to be calculated to deceive is falsely applied, as the case may be, shall, unless he proves either—

(a) that, having taken all reasonable precautions against committing an offence against this Act, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trademark, mark or trade description, and that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the or things; or persons from whom he obtained such goods;

(b) that otherwise he had acted innocently,

be guilty of an offence against this Act.

(3) Every person who is guilty of an offence against this Act shall be liable—

[L.N. 47 of 1955]

(a) on conviction before a High Court to imprisonment for a term of two years, or to a fine, or to both;

(b) on summary conviction before a magistrate court to imprisonment for a term of six months or to a fine of one hundred naira;

(c) in any case, to forfeit every chattel, article, instrument or thing by means of or in relation to which the offence has been committed.

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