[Rev. 2012] (f) (g) (h) Penal Code CAP. 63 fraudulently, and with intent that use may be made of any such stamp which has been already impressed upon or attached to any material, erases or otherwise removes, either really or apparently, from such material anything whatever written on it; or knowingly has in his possession or disposes of anything obtained or prepared by any such unlawful act as aforesaid; or fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp issued by Government for the purpose of revenue which he knows to have been before used, is guilty of a felony and is liable to imprisonment for seven years, and any die, plate, instrument, paper or other thing as aforesaid which are found in his possession shall be forfeited. [Act No. 40 of 1952, Sch., Act No. 24 of 1967, Sch.] 379. Paper and dies for postage stamps (1) Any person who, without lawful authority or excuse, the proof of which lies on him— (a) makes, or begins or prepares to make, or uses for any postal purpose, or has in his possession, or disposes of, any imitation or representation on paper or any other material of any stamp used for denoting any rate of postage of Kenya, or of any foreign country; or (b) makes or mends, or begins or prepares to make or mend, or uses, or has in his possession, or disposes of, any die, plate, instrument or material for making any such imitation or representation, is guilty of a misdemeanour and is liable to imprisonment for one year, or to a fine of three thousand shillings; and any stamps, and any other such things as aforesaid, which are found in his possession, shall be forfeited. (2) For the purposes of this section, a stamp purporting to denote a rate of postage of any country is to be taken to be a stamp used for postal purposes in that country until the contrary is shown. [Act No. 7 of 1952, s. 2, Act No. 20 of 1955, s. 2, L.N. 551/1961, Act No. 13 of 1978, Sch.] CHAPTER XXXVIII – COUNTERFEITING TRADEMARKS 380. Trade marks defined A trade mark is— (a) a mark, other than a trade mark registered under the Trade Marks Act (Cap. 506), lawfully used by any person to denote any chattel to be an article or thing of the manufacture, workmanship, production or merchandise of such person or to be an article or thing of any peculiar or particular description made or sold by such person; or (b) any mark or sign which in pursuance of any law in force for the time being relating to registered designs is to be put or placed upon or attached to any chattel or article during the existence or continuance of any copyright or other sole right acquired under the provision of such law. [Act No. 24 of 1967, Sch.] P6-111 [Issue 1]