WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
InteUectual J>roperty Rights IJ>~/I/GRl)/I/l 
18 March 2002 
(02-1375) 
Original: Englishl 
anglaisl 
ingles 
MAIN l)EDICATED INTELLECTUAL J>ROJ>ERTY 
l,AWS AND REGULATIONS NOTIFIEl) UNl)ER 
ARTICLE 63.2 OF THE AGREEMENT 
GRENADA 
The present document reproduces the textl of the Merchandise Marks Act, CAP. 192, as 
notified by Grenada under Article 63.2 of the Agreement (see document IPINIlIGRD/l). 
Conseil des aspects des droits de propdHe 
inteUectueHe qui touchent l'm commerce 
J>RINCIJ>ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
J>ROJ>RIETlt INTELLECTUELLE NOTIFIEES AU TITRE 
l)E VARTICLE 63:2 l)E VACCORD 
GRENADE 
Le present document contient le texte1 de la Loi sur les marques de produits, CAP. 192, 
notifiee par la Grenade au titre de l'article 63:2 de l'Accord (voir le document IP/NI1 IGRDIl ). 
Consejo de los Aspectos de los l)erechos de J>ropiedad 
Intelectnal relacionados con cl Comercio 
J>RINCIJ> ALES LEYES Y REGLAMENTOS l)El)ICAl)OS A LA 
J>ROJ>IEl)Al) INTELECTUAL NOTIFICAl)OS EN VIRTUD 
DEL J> A.RRAFO 2 l)EL ARTicULO 63 DEL ACUER])O 
GRANADA 
En el presente documento se reproduce el textoJ de la Ley de Marcas de Mercandas, 
CAP. 192, notificado por Granada de conformidad con 10 dispuesto en el paxrafo 2 del articulo 63 del 
Acuerdo (vease el documento IPINII/GRDIl). 
1 In English only'/En anglais seulement.lEn ing16s solamente. IPINI1 /GRDIIIl 
Page 2 
CHAPTER 192 
AN ACT to provide against fraudulent marks on merchandise Cap.189-19S8 
[22nd ~ay, 1889] 
1. This Act may be cited as the 
MERCHANDISE MARKS ACT. 
2. (1) In this Act-
"false trade description" means a trade description which 
is false or misleading in a material respect as regards 
the goods to which it is applied, and includes every 
alteration of a trade description, whether by way 
of addition, effacement, or otherwise, where that 
alteration makes the description false or misleading 
in a material respect, and the fact that a trade descrip­
tion is a trade mark, or part of a trade· mark, shall 
not prevent such,: trade description being a false 
description within "the meaning of this Act; 
"goods" means anything which is the subject of trade, 
manufacture or merchandise; 
"name" includes any abbreviation of a name; 
"trade description" means any description, statement, or 
other 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 
recognized in the trade; or 
(c) as to the fitness for purpose, 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 
if) as to the material of which any goods are 
composed; or 
(g) as to any goods being the subject of an existing 
patent, privilege or copyright; 
and the use of any figure, word or mark which, 
according to the custom of the trade, is commonly 
taken to be an indication of any of the above matters, 
shall be deemed to be a trade description within the 
meaning of this Act; Short title 
Interpretation 46 and 47 
Vie!. c. 57 IPlNllIGRDIIIl 
Page 3 
"trade mark" means a trade mark registered in the register 
of trade marks kept under the Patents, Designs and 
Trade Marks Act, 1883, or any Act or Acts replacing 
the same, of the Parliament of the United Kingdom, 
and includes any trade mark which, either with or 
without registration, is protected by law in Grenada 
or in any other British possession or in any foreign 
state to which the provisions of section 103 of the said 
Act are, under any Order of Her Majesty in Council, 
for the time being applicable; 
the expressions "person", "manufacturer", "dealer or 
trader" and "proprietor" include any body of persons 
corporate or unincorporate. 
(2) The provisions of this Act respecting the application of 
a false trade description to goods shall extend to the application 
to goods of any such figures, words or marks or arrangement 
or combination thereof, whether including a trade mark or not, 
as are reasonably calculated to lead persons to believe that the 
goods are the manufacture or merchandise of some person other 
than the person whose manufacture or merchandise ·they really 
are. 
(3) The provisions of this Act respecting the application of 
a false trade description to goods, or respecting 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 
like manner as if such name or initials were a trade description, 
and. fOT the nurnose of this enactment. the exnression false 
name or initials means as applied to any goods, any name 
or initials of a person which-
(0) are not a trade mark, or part of a trade mark; and 
(b) 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 
authorized the use of such name or initials; and 
(c) are either those of a fictitious person or of some person 
not bona fide carrying on business in connection with 
such goods. 
3. Without prejudice to the generality of the definitions of 
"trade description" and "false trade description", a trade 
description (to whichever of the matters mentioned in the 
definition of "trade description" it relates) shall be deemed for 
the purposes of this Act to be a false trade description if it is 
calculated to be misunderstood as, or mistaken for, an indica­
tion 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 shaH be deemed for those purposes to be a trade 
description. Clarification 
of definition 
of trade 
description, 
etc. IJ>~/l/(iFll)/I/l 
J>age 4 
Penalties for 
offences OFFENCES AND PENALTIES FOR FALSE TRADE MARKS 
AND TRADE DESCRIPTIONS 
4. (1) Every person who-
(a) forges any trade mark; or 
(b) falsely applies to goods any trade mark, or any mark so 
nearly resembling a trade mark as to be calculated to 
deceive; or 
(c) makes any die, block, machine or other instrument for 
the purpose of forging, or of being used for forging, a 
trade mark; or 
(d) applies any false description to goods; or 
(e) disposes of or has in his possession any die, block, 
machine or other instrument for the purpose of forging 
a trade mark; or 
(f) causes any of the things above in this section mentioned 
to be done, 
shall, subject to the provisions of this Act, and unless he proves 
that he acted without intent to defraud, be gUilty of an offence. 
(2) A person is gUilty of an offence who sells, or exposes 
or has in his possession for sale, or for any purpose of trade 
or manufacture, any goods or things to which any forged trade 
mark or false trade description is applied, or to which any trade 
mark or mark so nearly resembling a trade mark as to be 
calculated to deceive is falsely applied, as the case may be, unless 
he proves either-
(a) that, having taken all reasonable precautions against com­
mitting an offence, he had, at the time of the commission 
of the alleged offence, no reason to suspect the genuiness 
of the trade mark, mark or trade description, and that, 
on demand made by or on behalf of the prosecutor, he 
gave all the information in his power with respect to the 
persons from whom he obtained such goods or things; or 
(b) that otherwise he had acted innocently. 
5. (1) Every person who is gUilty of an offence under section 4 
shall be liable-
(a) on conviction on indictment, to imprisonment for two 
years and to a fine; and 
(b) on summary conviction, to imprisonment for four months 
and to a fine of five thousand dollars, and, in the case 
of a second or any subsequent conviction, to imprison­
ment for six months and to a fine of twelve thousand 
dollars; and 
(c) in any case, to forfeit every chattel, article, instrument 
or thing by means of or in relation to which the offence 
has been committed. Offences 
concerning 
trade marks 
and trade 
descriptions Disposal of 
forfeited 
articles iP/N/1/GRD/II1 
PageS 
(2) The court before which any person is convicted under this 
section may order any forfeited articles to be destroyed or 
otherwise disposed of as the court thinks fit, and the court may, 
out of any proceeds which may be realized by the disposal of 
such goods (aU trade marks and trade descriptions being first 
obliterated), award to any innocent party any loss he may have 
innocentlv sustained in deaHmz with the Qoods. 
(3) Any person charged with an offence under this section 
before a magistrate shall, on appearing before the court, and 
before the charge is gone into, be informed of his right to be 
tried on indictment, and, if requires it, he shaH be so tried 
accordingly. 
6. A person shall be deemed to forge a trade mark who 
either-
(a) without the assent of the proprietor of the trade mark, 
makes that trade mark, or a mark so nearly resembling 
it as to be calculated to deceive; or 
(b) falsifies any genuine trade mark, whether by alteration, 
addition, effacement or otherwise; 
and any trade mark or mark so made or falsified is in this Act 
referred to as a forged trade mark. 
For the purposes of paragraph (a) the burden of proving the 
assent of the proprietor shaH lie on the defendant. 
7. (1) A person shall be deemed to apply a trade mark, or 
mark, or trade description to goods who-
(a) applies it to the goods themselves; or 
(b) applies it to any covenng, label, reel or thing in or with 
which the goods are sold or exposed or had in possession 
for any purpose of sale, trade or manufacture; or 
(c) places, encloses or annexes any goods which are sold or 
exposed or had in possession for any purpose of sale, 
trade or manufacture, in, with, or to any covering, label, 
reel or 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 any 
manner calculated to lead to the belief that the goods in 
connection with which it is used are designated or 
described by that trade mark, or mark, or trade 
description. 
(2) The word "covering" includes any stopper, cask, bottle, 
vessel, box, cover, capsule, case, frame or wrapper; and the 
word "label" includes any band or ticket. Forgery of 
trade mark 
Applying 
marks and 
descriptions IJ>~/l/(iFl[)/I/l 
J>age 6 
Exemption of 
certain 
persons 
employed in 
ordinary 
course of 
business (3) A trade mark, or mark, or trade description shaH be 
deemed to be applied whether it is woven, impressed or otherwise 
worked into, or annexed, or affixed to the goods, or to any 
covering, label, reel or other thing. 
(4) A person shall be deemed to falsely apply to goods a trade 
mark or mark who without the assent of the proprietor of a trade 
mark applies such trade mark, or a mark so nearly resembling 
it as to be calculated to deceive, and in any prosecution for falsely 
applying a trade mark or mark to goods the burden of proving 
the assent of the proprietor shall lie on the defendant. 
s. Where a defendant is charged with making any die, block, 
machine or other instrument, for the purpose of forging, or being 
used for forging, a trade mark, or with falsely applying to goods 
any trade mark or any mark so nearly resembling a trade mark 
as to be calculated to deceive, or with applying to goods any 
false description, or causing any of the things in this section 
mentioned to be done, and proves-
(a) that in the ordinary course of his business he is employed, 
on behalf of any other person, to make dies, blocks, 
machines, or other instruments for making, or being used 
in making, trade marks, or, as the case may be, to apply 
marks or descriptions to goods, and that, in the case which 
is the subject of the charge, he was so employed by some 
person resident in Grenada and was not interested in the 
goods by way of profit or commission dependent on the 
sale of such goods; and 
(b) that he took reasonable precautions against committing 
the offence charged; and 
(c) that he had, at the time of the commission ofthe alleged 
offence, no reason to suspect the genuineness of the trade 
mark, mark or trade description; and 
(d) that he gave to the prosecutor all the information in his 
power with respect to the persons on whose behalf the 
trade mark, mark or trade description was applied, 
he shaH be discharged from the prosecution, but shall be liable 
to pay the costs incurred by the prosecutor, unless he has given 
due notice to him that he will rely on the above defence. 
9. (1) Where a watch case has thereon any words or marks 
which constitute, or are by common repute considered as 
constituting, a description of the country in which the watch was 
made, and the watch bears no description of the country where 
it was made, those words or marks shall prima facie be deemed 
to be a description of that country within the meaning of this 
Act, and the provisions of this Act with respect to goods to which 
a false trade description has been applied and with respect to 
selling or exposing or having in possession for sale, or for any 
purpose of trade or manufacture, goods with a false trade 
description shaH apply accordingly. Application 
of Act to 
watches Costs 
Limitation of 
prosecution (2) For the purposes of this section, the expresssion "watch" 
means aB that portion of a watch which is not the watch case. 
PROCEDURE 
10. In the indictment, pleading, proceeding or document in 
which any trade mark or forged trade mark is intended to be 
mentioned, it shaH be sufficient, without further description and 
without any copy or facsimile, to state the trade mark or forged 
trade mark to be a trade mark or forged trade mark. IPlNll/GRDlIIl 
Page 7 
Trade mark, 
how 
described ill 
pleading 
n. In any prosecution for an offence, or in the case of Rules as to evidence imported goods, evidence of the port of shipment shaH be prima 
jacie evidence of the place 6f country in which the goods were 
made and produced. 
12. (1) If the owner of any goods or things which, if the owner ~rocce:1i!ltgS .or ,Onel ure thereof had been convicted, would be liable to forfeiture under where owner 
th· A . _1~_ b <; d . C • cannot be IS ct IS UU11.liown or cannot e !oun , an m!ormatlOn or found 
complaint may be laid or made for the purpose only of 
enforcing such forfeiture, and a magistrate may cause notice to 
be advertised stating that, unless cause is shown to the contrary 
at the time and place named in the notice, such goods or things 
will be forfeited, and at such time and place the court, unless 
the owner or any person on his behalf, or other person interested 
in the goods or things, shows cause to the contrary, may order 
such goods or things or any of them to be forfeited. 
(2) Any goods or things forfeited under this section may be Destruction of things destroyed or otherwise disposed of in such manner as the court forfeited 
by which thev are forfeited may direct, and the court may, out 
of any proceeds which may be realized by the disposal of such 
goods (all trade marks and trade descriptions being first 
obliterated), award to any innocent party any loss he may have 
innocently sustained in dealing with the goods. 
13. On any prosecution under this Act the court may order 
costs to be paid to the defendant by the prosecutor, or to the 
prosecutor by the defendant, having regard to the information 
given by and the conduct of the defendant and prosecutor 
respectively. 
14. No prosecution for an offence shall be commenced after 
the expiration of three years next after the commission of the 
offence, or one year next after the first discovery thereof by 
the prosecutor, whichever first happens. IPIN/1!GRDIVl 
PageS 
Prohibition 
on import­
ation of 
goods which, 
if sold, are 
liable to 
forfeiture 
Cap. 84-1958 MISCELLANEOUS 
15. Whereas it is expedient to make further provision for 
prohibiting the importation of goods which, if sold, would be 
liable to forfeiture under this Act, be it therefore enacted as 
foHows-
(a) all such goods, and also all goods of foreign manufacture 
bearing any name or trade mark being or purporting to 
be the name or trade mark of any manufacturer, dealer 
or trader in the United Kingdom, or in Grenada, unless 
such name or trade mark is accompanied by a definite 
indication of the country in which the goods were made 
or produced, are hereby prohibited to be imported and, 
subject to the provisions of this section, shall be included 
among goods prohibited to be imported as under section 
78 of the Customs Act, or any other A.ct for the time 
being in force prohibiting goods to be imported; 
(b) before detaining any such goods, or taking any further 
proceedings with a view to the forfeiture thereof under 
the law relating to customs, the Permanent Secretary 
(Finance) may require the regulations under this section, 
whether as to information, security, conditions or other 
matters, to be complied with, and may satisfy himself 
in accordance with those regulations that the goods are 
such as are prohibited by the section to be imported; 
Cc) the Permanent Secretary (Finance) may from time to time 
make regulations, either general or special, respecting the 
detention and forfeiture of goods the importation of which 
is prohibited by this section, and the conditions, if any, 
to be fulfilled before such detention and forfeiture, and 
may by such regulations determine the information, notices 
and security to be given, and the evidence requisite for 
any of the purposes of this section, and the mode of 
verification of such evidence; 
(cl) where there is on any goods a name which is identical 
with or a colourable imitation of the name of a place in 
the United Kingdom, that name, unless accompanied by 
the name of the country in which such place is situate, 
shall be treated for the purposes of this section as if it 
were the name of a place in the United Kingdom; 
(e) such regulations may apply to an goods the importation 
of which is prohibited by this section, or different 
regulations may be made respecting different classes of 
such goods or of offences in relation to such goods; 
if) the Permanent Secretary (Finance) in making and 
administering the regulations, and generally in the 
administration of this section, whether in the exercise of 
any discretion or opinion or otherwise, shall act under 
the control of the Minister for the time being responsible 
for finance; False 
representa· 
tion as to 
Royal 
Warrant, etc. 
Provisions of 
Act as 10 
false 
descriptions 
not to apply 
in certain 
cases 
Saving 
provisions (g) 
(h) the regulations may provide for the informant reimbursing 
the Permanent Secretary (Finance) all expenses and 
damages incurred in respect of any detention made on 
his information, and of any proceedings consequent on 
such detention; 
this section shall have effect as if it were a part of the IP/NI1IGRDlIll 
Page 9 
Customs Act. Cap. &4-1958 
16. On the sale or in the contract for the sale of any goods 
to which a trade mark, mark or trade description has been applied, 
the vendor shaH be deemed to warrant that the mark is a genuine 
trade mark and not forged or falsely applied, or that the trade 
description is not a false trade description within the meaning 
of this Act, unless the contrary is expressed in some writing 
signed by or on behalf of the vendor, and delivered at the time 
of the sale or contract to and accepted by the vendee. 
17. Every person who falsely represents that any goods are 
made by a person holding a Royal Warrant, or for the service 
of Her Majesty, or any of the Royal Family, or any Government 
Ministry or Department, shall be gUilty of an offence and liable, 
on summary conviction, to a fine of one thousand dollars. 
18. If on the 22nd May, 1889, a trade description was being 
lawfully and generally applied to goods of a particular class, 
or manufactured by a particular method, to indicate the particular 
class or method of manufacture of such goods, the provisions 
of this Act with respect to false trade descriptions not apply 
to such trade description when so applied: 
Provided that where such trade description includes the name 
of a place or country and is calculated to mislead as to the place 
or country where the goods to which it is applied were actually 
made and produced, and the goods are not actually made or pro­
duced in that place or country, this section shall not apply unless 
there is added to the trade description immediately before or 
after the name of that place or country. in an equally conspicuous 
manner with the name. the name of the place or country in which 
the goods were actually made or produced, and a statement that 
they were made or produced there. 
19. (1) This Act shall not exempt any person from any action 
or other proceeding which might, but for the provisions of this 
Act, be brought against him. 
(2) Nothing in this Act shall entitle any person to refuse to 
make a complete discovery, or to answer any question or inter­
rogatory in any action, but such discovery or answer shaH not 
be admissible evidence against the person making it in any 
prosecution for an offence against this Act. Implied 
warranty on 
sale of 
marked 
goods IPINI1 IGRDII!1 
Page 10 
(3) Nothing in this Act shall be construed so as to render liable 
to any prosecution or punishment any employee of an employer 
resident in Grenada who bona fide acts in obedience to the 
instructions of his employer, and, on demand made by or on 
behalf of the prosecutor, has given full information as to his 
employer.