Section 76 in The Trade And Merchandise Marks Act, 1958
76. Meaning of applying trade marks and trade descriptions.
(1)A person shall be deemed to apply a trade mark or mark or trade description to goods who-(a)applies it to the goods themselves; or(b)applies it to any package in or with which the goods are sold, or exposed for sale, or had in possession for ale or for any purpose of trade o manufacture; or(c)place, encloses, or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a trade mark or mark or trade description has been applied; or(d)uses a trade mark or mark or trade description in any manner reasonable likely to lead to the belief that the goods in connection with which it is used are designated or described by that trade mark or mark or trade description; or(e)in relation to the goods uses a trade mark or trade description in any sign, advertisement, invoice, catalogue, business, letter, business paper, price list, or other commercial document, and goods are delivered to a person in pursuance of a request or order made by reference to the trade mark or trade description as so used.(2)A trade mark or mark or trade description shall be deemed to be applied to goods whether it is oven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing.
