PART II APPLICATION OF DESCRIPTIONS TRADE MARKS AND TRADE 3. (1) A person shall be deemed to apply a trade mark or trade description to goods if he- (a) applies it to the goods themselves; or (b) applies it to any covering, label, reel or other thing in or attached to which the goods are sold; or (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 (d) uses a trade mark or trade description in any manner so as to be likely to lead to 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 paragraph (d) of subsection (1), 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 Zambia, 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 part of a trade mark or not, which is likely to Application of trade marks and trade descriptions