4. 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.
