Section 98: Meaning of applying a trade description

98. Meaning of applying a trade description.___(1) A person shall be deemed to apply a trade description to goods or services who___ (a) applies a trade description to the goods themselves or uses it in relation to goods or services; (b) applies a trade description to any package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture; (c) places, 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 description has been applied; (d) uses a trade description in any manner reasonably likely to lead to the belief that the goods or services in connection with which it is used are designated or described by that trade description; or (e) in relation to the goods or services uses a trade description in any sign, advertisement, invoice, catalogue, business letter, price list or other commercial documents, and goods are delivered or services are rendered to a person in pursuance of a request or order made by reference to the trade description as so used. (2) A trade description shall be deemed to be applied to goods whether it is woven in, impressed on, otherwise worked into, or annexed or affixed to, the goods or to any packaging or other thing.

Effective date: 2001-01-01

Related sections