A trade description is a direct or indirect indication with respect to goods. This is relevant for counterfeiting cases where the use of a trade mark without the consent of the proprietor of the trade mark on a product is an offence i.e. it is deemed a use of a false trade description.
It is governed by the Trade Description Act 2011 (“TDA 2011”). The TDA 2011 repealed the Trade Descriptions Act 1972.
The TDA 2011 empowers the officers of the Enforcement Division of the Ministry of Domestic Trade, Consumerism and Co-operatives (“ED”) to conduct search and seizure of premises suspected to be selling and supplying counterfeit goods. The TDA 2011 also deems possession of counterfeit products to be an offence.