Merchandise Marks Act · s 10

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s 10

(1)

A person shall be deemed to counterfeit a trade mark or property mark who either -

(a)

without the assent of the proprietor of the trade mark or property mark makes the trade mark or property mark or a mark so nearly re-sembling that trade mark or property mark as to be calculated to deceive; or

(b)

falsifies any genuine trade mark or property mark whether by alteration, addition, effacement or otherwise;

and any trade mark 'br property mark so made or falsified is in this Act referred to as a counterfeit trade mark or proper-ty mark.

(2)

In any prosecution for counterfeiting a trade mark or property mark the burden of proving the assent of the proprietor shall lie on the defendant.