Section 4: Forging trade mark.

A person shall be deemed to forge a trade mark who either-(a) without the assent of the proprietor of the trade mark, makes that trade mark or a mark so nearly resembling that trade mark as to be calculated to deceive; or
(b)
falsifies any genuine trade mark, whether by alteration, addition, effacement, or otherwise,
and any trade mark or mark so made or falsified is in this Act referred to as a forged trade mark:
Provided that, in any prosecution for forging a trade mark, the burden of proving the assent of the proprietor shall lie on the defendant.