Law

Trade Descriptions Act 1968

United Kingdom · statute

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In force since 2025-04-06, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 17e9688e2011a0795d100b2f15c288401d2cb884c915cbf811e72a31da046f23

Contents: 46 provisions
  1. Title and introductory text
  2. 1 Prohibition of false trade descriptions.
  3. 2 Trade description.
  4. 3 False trade description.
  5. 4 Applying a trade description to goods.
  6. 5 Trade descriptions used in advertisements.
  7. 6 Offer to supply.
  8. 7 Definition orders.
  9. 8 Marking orders.
  10. 9 Information etc. to be given in advertisements.
  11. 10 Provisions supplementary to sections 8 and 9.
  12. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  13. 12 False representations as to royal approval or award, etc.
  14. 13 False representations as to supply of goods or services.
  15. 14 False or misleading statements as to services etc.
  16. 15 Orders defining terms for purposes of section 14.
  17. 16 Prohibition of importation of goods bearing false indication of origin.
  18. 17 Restriction on importation of goods bearing infringing trade marks.
  19. 18 Penalty for offences.
  20. 19 Time limit for prosecutions.
  21. 20 Offences by corporations.
  22. 21 Accessories to offences committed abroad.
  23. 22 Restrictions on institution of proceedings and admission of evidence.
  24. 23 Offences due to fault of other person.
  25. 24 Defence of mistake, accident, etc.
  26. 25 Innocent publication of advertisement.
  27. 26 Enforcing authorities.
  28. 27 Power to make test purchases.
  29. 28 Power to enter premises and inspect and seize goods and documents.
  30. 29 Obstruction of authorised officers.
  31. 30 Notice of test and intended prosecution.
  32. 31 Evidence by certificate.
  33. 32 Power to exempt goods sold for export, etc.
  34. 33 Compensation for loss, etc. of goods seized under s. 28.
  35. 34 Trade marks containing trade descriptions.
  36. 35 Saving for civil rights.
  37. 36 Country of origin.
  38. 37 Market research experiments.
  39. 38 Orders.
  40. 39 Interpretation.
  41. 40 Provisions as to Northern Ireland.
  42. 41 Consequential amendments and repeals.
  43. 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  44. 43 Short title and commencement.
  45. SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
  46. SCHEDULE 2

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46 provisions

40 Provisions as to Northern Ireland.

(1) This Act shall apply to Northern Ireland subject to the following modifications, that is to say— (a) section 19(2) shall apply as if for the references to section 127(1) of the Magistrates’ Courts Act 1980and the trial and laying of an information there were substituted respectively references to Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981and the hearing and determination and making of a complaint and as if for the word “under” there were substituted the words “under section 29(1) of”; (b) section 26 and subsections (2) to (4) of section 30 shall not apply but it shall be the duty of the Ministry of Commerce for Northern Ireland to enforce the provisions of this Act and of any order made under it (other than the provisions of section 42 of this Act); (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2)—(4) . . . (1A) For the investigatory powers available to the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in subsection (1)(b), see Schedule 5 to the Consumer Rights Act 2015. (5) The Board of Trade shall for each financial year pay into the Exchequer of Northern Ireland such sum as the Board and the Ministry of Commerce for Northern Ireland may agree to be appropriate as representing the expenses incurred by that Ministry in enforcing so much of this Act as relates to matters with respect to which the Parliament of Northern Ireland does not have power to make laws. (6) Nothing in this Act shall authorise any department of the Government of Northern Ireland to incur any expenses attributable to the provisions of this Act until provision has been made by the Parliament of Northern Ireland for those expenses to be defrayed out of moneys provided by that Parliament. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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41 Consequential amendments and repeals.

(1) The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments specified in that Schedule. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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43 Short title and commencement.

(1) This Act may be cited as the Trade Descriptions Act 1968. (2) This Act shall come into force on the expiration of the period of six months beginning with the day on which it is passed.

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SCHEDULE 1 CONSEQUENTIAL AMENDMENTS

Section 41(1). 1 In section 1 of the Anglo-Portuguese Commercial Treaty Act 1914 for the words “the Merchandise Marks Act 1887” there shall be substituted the words “ the Trades Descriptions Act 1968 ”. 2 In section 1(1) of the Anglo-Portuguese Treaty Act 1916 for the words “the Merchandise Marks Act 1887” there shall be substituted the words “ the Trade Description Act 1968 ”. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 2

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