Merchandise Marks Act 1953

JurisdictionUK Non-devolved
Citation1953 c. 48


Merchandise Marks Act, 1953

(1 & 2 Eliz. 2) CHAPTER 48

An Act to amend the provisions of the Merchandise Marks Acts, 1887 to 1938, relating to false trade descriptions, and to imported goods bearing the trade mark of a manufacturer, dealer or trader in the United Kingdom, and to amend the Merchandise Marks Act, 1887, in relation to offences.

[31st July 1953]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Extension of definitions of ‘trade description’ and ‘false trade description’.

1 Extension of definitions of ‘trade description’ and ‘false trade description’.

(1) In section three of the Merchandise Marks Act, 1887 (which, among other things, defines ‘trade description’ as any description, statement, or other indication, direct or indirect, as to any of the matters mentioned in paragraphs (a ) to (e ) of the definition), that definition shall be amended by inserting after paragraph (a )—

‘(aa ) as to the standard of quality of any goods, according to a classification commonly used or recognised in the trade, or

(ab ) as to the fitness for purpose, strength, performance or behaviour of any goods, or’.

(2) In the said section three (which also defines ‘false trade description’ to mean a trade description which is false in a material respect as regards the goods to which it is applied, and to include every alteration of a trade description making the description false in a material respect) that definition shall be amended by inserting after the word ‘false’ in the second and third places where it occurs the words ‘or misleading’.

(3) Without prejudice to the generality of those definitions as so amended, a trade description (to whichever of the matters mentioned in the definition of ‘trade description’ as so amended it relates) shall be deemed for the purposes of the said Act to be a false trade description if it is calculated to be misunderstood as, or mistaken for, an indication as to the same or some other such matter which would be false or misleading in a material respect as regards the goods to which the description is applied, and anything calculated to be misunderstood as, or mistaken for, an indication of any of those matters shall be deemed for those purposes to be a trade description.

(4) Notwithstanding anything in the said definition of ‘false trade description’, no trade mark within the meaning of the Trade Marks Act, 1938, or part of such a trade mark, shall by virtue of the foregoing subsections be treated as a false trade description in relation to any goods to which the trade mark is applied, if the following conditions are satisfied, that is to say:—

(a ) on the day this Act is passed the trade mark either is registered under the Trade Marks Act, 1938, or is in use to indicate a connection in the course of trade between those goods and the proprietor of the trade mark; and

(b ) the trade mark as applied is used to indicate a connection in the course of trade between the goods and the person who is the proprietor of the trade mark or between the goods and a person who is registered under section twenty-eight of the Trade Marks Act, 1938, as a registered user of the trade mark; and

(c ) the person who is the proprietor of the trade mark is the same person as, or a successor in title of, the proprietor on the day this Act is passed.

(5) This section shall not extend the classes of goods which under section sixteen of the Merchandise Marks Act, 1887, are prohibited to be imported into the United Kingdom and Isle of Man as having a false trade description applied to them.

(6) This section shall come into force on the expiration of the six months...

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