(c) places, encloses or annexes the goods which are sold in, with or to any covering, label, reel or other thing to which a trade mark or trade description has been applied; or LAWS OF MALAWI Merchandise marks (d) Cap. 49:04 Uses a trade mark or trade description in any manner so as to be likely to lead the belief that the goods in connection with which it is used are designated or described by that trade mark or trade description. (2) Goods delivered in pursuance of an offer or request made by reference to a trade mark or trade description appearing in any sign, advertisement, invoice, wine list, business letter, business paper or other commercial communication shall, for the purposes of subsection (1)(d), be deemed to be goods in connection with which the trade mark or trade description is used. (3) A person shall be deemed falsely to apply to goods a trade mark who, without the consent of the proprietor or of any person who is, in terms of any enactment in force within Malawi, the registered user thereof, applies to the goods that trade mark or a mark so nearly resembling it as to be likely to deceive. (4) Any person who applies to goods any word, name, letter, figure or mark, or arrangement or combination thereof, whether consisting of or including a trade mark, or arrangement or combination thereof, whether consisting of or including a trade mark or part of a trade mark or not, which is likely to lead to the belief that the goods are the manufacture or merchandise of some person other than the person whose manufacture or merchandise they really are, shall be deemed to apply a false trade description to the goods. PART II MARKING OF GOODS AND PROHIBITIONS IN RELATION TO TRADE MARK AND TRADE DESCRIPTIONS 4. A person shall be deemed to forge a trade mark if he:(a) without the consent of the proprietor of the trade mark, makes that trade mark or a mark so nearly resembling that trade mark as to be likely to deceive; or (b) falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise; Certain act s deemed to be a forgery of a trade mark. and any trade mark so made or falsified is in this Act referred to as a forged trade mark. 5. (1) No person shall:(a) forge any trade mark; or Forgery of tra de marks and ot her acts prohibited.