Section 26, The Trade Marks Act, 2014

(1) A person applies a trade mark or trade description togoods who- (a) applies the trade mark, mark or trade description to goods directly or causes the trade mark, or trade description to be applied to goods; (b) applies it to a covering, label, reel, or any other thing in which the goods are sold or exposed or had in possession for the purpose of sale, trade, or manufacture; or (c) places, encloses, or annexes any goods which are sold or exposed or had in possession for the purpose of sale, trade, or manufacture, in, with, or to a covering, label, reel, or any other thing to which a trade mark or trade description has been applied; or (d) uses a trade mark or mark or trade description in a manner likely to lead to the belief that the goods in connection with which it is used are designed or described by that trade mark or mark or trade description. (2) A trade mark or mark or trade description is applied whether it is woven, impressed or otherwise worked into, or annexed or affixed to the goods or to a covering, label, reel or any other thing. (3) Goods delivered in pursuance of a request made by reference to a trade mark or trade description appearing in an advertisement, invoice, sign, list, business letter, business paper or any other commercial communication, are, for the purposes of paragraph (d) of subsection (1), goods in connection with which the trade mark or trade description is used. (4) The particulars on the customs entry relating to any imported goods are, for the purposes of this Act, a trade description applying to the goods. (5) A person falsely applies a trade mark to goods if, without the consent of the owner of a trade mark, the trade mark or mark applied resembles the original as to be likely to deceive; but in a prosecution for falsely applying a trade mark or mark to goods the burden of proving the consent of the owner is on the defendant. (6) In this section - "covering" includes a stopper, cork, bottle, vessel, box, cover, capsule, case, frame or wrapper; "label" includes a band or ticket.