Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Prohibition of false trade descriptions
4. Subject to the provisions of this Act, any person who in the course of a trade or business —(a) applies a false trade description to any goods; or (b) supplies any goods to which a false trade description is applied, shall be guilty of an offence.
False trade descriptions
5. For the purposes of this Part —(a) a false trade description —(i) means a trade description which by reason of anything contained in or omitted from the trade description is false or likely to mislead in a material respect as regards the goods to which it is applied or in connection with which it is used; and (ii) includes every alteration of a trade description whether by way of addition, effacement or otherwise which makes the description false or likely to mislead in a material respect; and (b) a false indication, or anything likely to be taken as an indication which would be false, that any goods comply with a standard specified or recognised by any person or implied by the approval of any person is deemed to be a false trade description, if there is no such person or no standard as specified, recognised or implied.
Applying trade description to goods
6.—(1) A person applies a trade description to goods if the person —(a) affixes or annexes it to or in any manner marks it on or incorporates it with —(i) the goods themselves; or (ii) anything in, on or with which the goods are supplied; (b) places the goods in, on or with anything which the trade description has been affixed or annexed to, marked on or incorporated with, or places any such thing with the goods; or (c) uses the trade description in any manner likely to be taken as referring to the goods. (2) An oral statement may amount to the use of a trade description. (3) Where goods are supplied pursuant to a request in which a trade description is used and the circumstances are such as to make it reasonable to infer that the goods are supplied as goods corresponding to that description, the person supplying the goods is deemed to have applied that trade description to the goods.
Trade descriptions used in advertisements
7.—(1) This section has effect where in an advertisement a trade description is used in relation to any class of goods. (2) The trade description is taken as referring to all goods of the class, whether or not in existence at the time the advertisement is published —(a) for the purpose of determining whether an offence has been committed under section 4(a); and (b) where goods of the class are supplied by a person publishing or displaying the advertisement, also for the purpose of determining whether an offence has been committed under section 4(b). (3) In determining for the purposes of this section whether any goods are of a class to which a trade description used in an advertisement relates, regard must be had not only to the form and content of the advertisement but also to the time, place, manner and frequency of its publication and all other matters making it likely or unlikely that a person to whom the goods are supplied would think of the goods as belonging to the class in relation to which the trade description is used in the advertisement.
Trade marks containing trade descriptions
8. A trade description which is or is part of a trade mark within the meaning of the Trade Marks Act 1998 may be a false trade description when applied to any goods, except where all of the following conditions are satisfied:(a) it could have been lawfully applied to the goods if this Act had not been passed; (b) on 1 August 1975 the trade mark either is registered under the Trade Marks Act 1998 or is in use to indicate a connection in the course of trade between those goods and the proprietor of the trade mark; (c) the trade mark as applied is used to indicate such a connection between the goods and the proprietor of the trade mark or a registered user of the trade mark under the Trade Marks Act 1998; (d) the person who is the proprietor of the trade mark is the same person as, or a successor in title of, the proprietor on 1 August 1975.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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