any description, statement or other indication, direct or indirect, as to— (a) the number or measurement of any goods; or (b) the standard of quality of any goods according to a classification commonly used or recognized in the trade; or (c) the name of the assembler, manufacturer, producer or mixer of any goods; or (d) the place or country in which any goods were assembled, manufactured, produced or mixed; or (e) the fitness for purpose, strength, performance or behaviour of any goods; or (f) the mode of assembling, manufacturing, producing or mixing of any goods; or (g) the material of which any goods are composed; or (h) the fact of 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 customs of the trade, is commonly taken to be an indication of any of the matters referred to in paragraphs (a) to (h) shall be deemed to be a trade description for the purposes of this Act. (3) Any reference in this Act to a false trade description shall be construed as a reference to a trade description which is false in a material respect as regards the goods to which it is applied and includes any 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 description is a trade mark or part of a trade mark shall not prevent such trade description from being regarded as a false trade description for the purposes of this Act. (4) Any person who applies to goods any word, name, letter, figure or mark or any arrangement or combination thereof, whether or not consisting of or including a trade mark or part of a trade mark, 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 DESCRIPTIONS 3 Prohibition of application of false trade description (1) Subject to subsection (2), no person shall apply any false trade description to goods. (2) It shall be a sufficient defence to any charge under subsection (1) if the accused proves— (a) that he acted without intent to defraud; or (b) that— (i) in the ordinary course of his business he was employed on behalf of other persons to apply trade descriptions to goods and that, in the case which is the subject of the charge, he was so employed by some other person and was not interested in the goods by way of profit or commission dependent on the sale of such goods; and (ii) he took reasonable precautions against committing the offence charged; and (iii) he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade description; and