Section 25, The Trade Marks Act, 2014

(1) A trade description is a description, statement or anyother indication direct or indirect - (a) as to the number, quantity, measure, gauge, or weight of any goods; or (b) as to the standard of quality of any goods, according to a classification commonly used or recognised in the trade; or (c) as to the fitness for purposes, strength, performance or behaviour of any goods; or (d) as to the place or country in which any goods were made or produced; or (e) as to the mode of manufacturing or producing any goods; or (f) as to the material of which any goods are composed; or (g) as to any goods the subject of an existing patent, privilege, or copyright. (2) The use of a figure, word, or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the matters referred to in paragraphs (a) to (g) of subsection (1) shall be deemed to be a trade description within the meaning of this Act. (3) A description is false if– (a) it is likely to be misunderstood as, or mistaken for, an indication as to the same or some other matter which would be false or misleading in a material respect with respect to the goods to which the description is applied; and (b) anything likely to be misunderstood as, or mistaken for, an indication as to any of those matters is for those purposes a trade description and includes an alteration of a trade description whether by addition, effacement or otherwise where that alteration makes the description false or misleading in a material respect; and (c) the fact that a trade description is a trade mark or part of a trade mark shall not prevent the trade description from being a false trade description. (4) The provisions of this Act with respect to the application of a false trade description to goods shall extend to the application to goods of any figures, words or marks or arrangement or a combination of any of them, whether including a trade mark or not, as are reasonably likely to lead persons to believe that the goods are the manufacture or merchandise of a person other than the person whose manufacture or merchandise they really are. (5) The provisions of this Act with respect to the application of a false trade description to goods, or with respect to goods to which a false trade description is applied, shall extend to the application to goods of any false name or initials of a person, and to goods with the false name or initials of a person applied, in the same way as if the name or initials were a trade description. Publication. Correction of errors and extension of time. Trade description and fraudulent marks. No. 8 The Trade Marks Act, 2014No. 8 The Trade Marks Act, 201414 15 (6) In subsection (5) the expression false name or initials means, as applied to goods– (a) any name which is or initials which are not a trade mark or part of a mark but is or are identical with or a colourable imitation of the name or initials of a person carrying on business in connection with goods of the same description, and not having authorised the use of the name or initials; and (b) any name which is or initials which are either those of a fictitious person or of a person not in good faith carrying on business in connection with those goods.