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Provision in relation to application and use of trade descriptions.
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4.—(1) Section 2 (1) of the Principal Act is hereby amended by the substitution for paragraph (d) of the following paragraph:
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“(d) in the course of any trade, business or profession, applies any false trade description to goods, or”.
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(2) Section 2 (2) of the Principal Act is hereby amended insofar as it relates to trade descriptions, by the substitution of “in the course of any trade, business or profession” for “or any purpose of trade or manufacture”.
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(3) Section 5 of the Principal Act is hereby amended, insofar as it relates to trade descriptions, by the substitution for subsection (1) of the following subsection:
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“(1) (a) A person shall be deemed to apply a trade description to goods if—
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(i) he affixes or annexes it to them or in any manner marks it on or incorporates it with—
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(I) the goods themselves, or
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(II) anything in, on or with which the goods are sold,
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(ii) he places the goods in, on or with anything to, on or with which the trade description has been affixed, annexed, marked or incorporated or places any such thing with the goods.
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(b) A person shall also be deemed to have applied a trade description to goods if he uses the trade description in any manner likely to be taken as referring to the goods.
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(c) Where goods are sold in pursuance of a request in which a trade description is used and the circumstances are such as to make it reasonable to infer that the goods are sold as goods corresponding to that trade description, the person selling the goods shall be deemed to have applied that trade description to the goods.
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(d) An oral statement may amount to the use of a trade description.”.
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