Document ID: chunk:federal_register_of_legislation:C2025C00022:section:246
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 246
Character Range: 425519–426850

246  Meaning of trade description
 (1) A trade description for goods is a description or statement (whether in English or any other language), or a pictorial representation, indication or suggestion (direct or indirect), as to any of the following:
 (a) the nature, number, quantity, quality, purity, class, grade, breed, measure, gauge, size, mass, colour, strength, sex, variety, genus, species or age of the goods;
 (b) the country or place where the goods were made, produced or grown;
 (c) the exporter, manufacturer or producer of the goods;
 (d) the person by whom the goods were selected or in any way prepared;
 (e) the method, time or place of manufacturing, producing, selecting or otherwise preparing the goods;
 (f) the time before which, or period within which, the goods are to be used;
 (g) the batch, lot or other grouping in which the goods are included;
 (h) the material or ingredients of which the goods are composed or from which they are derived;
 (i) the goods being the subject of an existing patent or privilege.
 (2) A trade description for goods includes a mark that, according to the custom of the trade or common repute, is commonly taken to be an indication of any of the matters referred to in subsection (1).
Note: Mark includes a stamp, seal and label (see the definition of mark in section 12).