(1)The following provisions of this section shall have effect where in an advertisement a trade description is used in relation to any class of goods.
(2)The trade description shall be taken as referring to all goods of the class, whether or not in existence at the time the advertisement is published—
(a)for the purpose of determining whether an offence has been committed under paragraph (a) of section 1(1) of this Act; and
(b)where goods of the class are supplied or offered to be supplied by a person publishing or displaying the advertisement, also for the purpose of determining whether an offence has been committed under paragraph (b) of the said section 1(1).
(3)In determining for the purposes of this section whether any goods are of a class to which a trade description used in an advertisement relates regard shall be had not only to the form and content of the advertisement but also to the time, place, manner and frequency of its publication and all other matters making it likely or unlikely that a person to whom the goods are supplied would think of the goods as belonging to the class in relation to which the trade description is used in the advertisement.
Modifications etc. (not altering text)
C1S. 5(3) applied (1.1.1975) by Hallmarking Act 1973 (c. 43), s. 1(8)