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PART 3.-SPECIAL PROPERTY RIGHTS.

C.-MERCHANDISE MARKS.

ORDINANCE No. 47 of 1903.

To make Provision agrinst Fraudulent Jarks or Merchandise.

1. (1) Every person who

(a) forges any trade mark; or
(6) falsely applies to goods any trade mark, or any mark

so nearly resembling a trade mark as to be calcu

lated to deceive; or (c) makes any die, block, machine, or other instrument

for the purpose of forging, or of being used for

forging, a trade mark; or (d) applies any false trade description to goods; or (e) disposes of, or has in his possession, any die, block,

machine, or other instrument for the purpose of

forging a trade mark; or (f) manufactures, imports, or has in his possession, any

labels for the purpose of applying them contrary to

the provisions of this Ordinance; or (9) causes any of the things above in this section men

tioned to be done;

shall, subject to the provisions of this Ordinance, and unless he proves that he acted without intent to defraud, be guilty of an offence against this Ordinance.

(2) Every person who sells, or exposes for or has in his possession for sale, or any purpose of trade, or manufacture, any goods or things to which any forged trade mark or false trade description is applied, or to which any trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied, as the case may be, shall, unless he proves

(a) that, having taken all reasonable precautions against

committing an offence against this Ordinance, he had at the time of the commission of the alleged offence

reason to suspect the genuineness of the trade mark or trade description; and (6) that, on demand made by or on behalf of the com

plainant, he gave all the information in his power
with respect to the persons from whom he obtained

such goods or things; or
(c) that otherwise he had acted innocently;

no

be guilty of an offence against this Ordinance.

(3) Every person guilty of an offence against this Ordinance shall be liable on conviction

(a) to a fire not exceeding £200, or to imprisonment,

with or without hard labour, for any period not exceeding two years, or to both such fine and such

imprisonment; and (b) to forfeiture, at the discretion of the Court, of every

article, instrument, or thing by means of, or in relation to, which the ofience has been committed.

2. (1) For the purposes of this Ordinance

The expression trade mark ” means a trade mark regis

tered in the Register of Trade Marks, kept under Law No. 6 of 1892, or the Trade Marks Registration Proclamation, 1902, and includes any trade mark which, either with or without registration, is protected by law in the United Kingdom, or in any British Colony or Possession, or Foreign State, to which the provisions of $ 103 of the Patents Designs and Trade Marks Act, 1883, enacted by the Imperial Parliament, are under Order-in-Council for the time being applicable. The said section is set forth in a Schedule to this Ordinance.

or

or

The expression “trade description

'trade description" means any description, statement, other indication direct

indirect(a) as to the number, quantity, measure, gauge or weight

of any goods; or (b) as to the place or country in which any goods were

made or produced ; or (c) as to the mode of manufacturing or producing any

goods; or (d) as to the material of which any goods are composed ;

or

(e) as to any goods being the subject of an existing

patent, privilege, or copyright; and the use of any figure, word or mark, which, according

to the custom of the trade, is commonly taken to be an indication of any of the above matters, shall be deemed to be a trade description within the meaning

of this Ordinance. The expression “false trade description" means a trade

description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement or otherwise, where that alteration makes the description false in a material respect, and the fact that a trade description is a trade mark, or part of a trade mark, shall not prevent such trade description being a false trade

description within the meaning of this Ordinance. The expression “goods” means anything which is the

subject of trade, manufacture, or merchandise. The expressions person," manufacturer, dealer, or

trader” and “proprietor " include any body of per

sons corporate or incorporate. The expression name includes any abbreviation of a

name.

(2) The provisions of this Ordinance respecting the application of a false trade description to goods shall extend to the application to goods of any such figures, words, or marks, or arrangement, or combination thereof, whether including a trade mark or

not, as are reasonably calculated to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose manufacture or merchandise they really are.

(3) The provisions of this Ordinance respecting the application of a false trade description to goods, or respecting goods to which a false trade description is applied, shall extend to the application to goods of any false name or initials of a person, and to goods with the false name or initials of a person, applied in like manner as if such name or initials were a trade description, and for the purpose of this enactment the expression false name or initials means, as applied to any goods, any name or initials of a person which--

(a) are not a trade mark or part of a trade mark; and
(b) are identical with, or a colourable imitation of, the

name or initials of a person carrying on business in
connection with goods of the same description, and
not having authorised the use of such
initials; and

name

or

(c) are either those of a fictitious person, or of some personi

not bonâ fide carrying on business in connection with such goods.

3. A person shall be deemed to forge a trade mark who either

a

SO

(a) without the assent of the proprietor of the trade mark

makes that trade mark, or mark nearly resembling that trade mark as to be calculated to

deceive; or (6) falsifies any genuine trade mark, whether by altera

tion, addition, effacement, or otherwise ;

and any trade mark or mark so made or falsified is in this Ordinance 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 accused.

4. (1) A person shall be deemed to apply a trade mark or mark or trade description to goods who

(a) applies it to goods themselves; or
(6) applies it to any covering, label, reel, or other thing,

in or with which the goods are sold, or exposed, or
had in possession for any purpose of sale, trade, or

manufacture; or
(c) places, encloses, or annexes any goods which are sold,

or exposed, or had in possession for any purpose of
sale, trade, or manufacture, in, with, or
covering, label, reel, or other thing to which a trade

mark or trade description has been applied; or
(d) uses a trade mark or mark or trade description in

any manner calculated to lead to the belief that the goods in connection with which it is used are designated or described by that trade mark or mark or trade description.

to any

(2) The expression “covering” includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame or wrapper; and the expression “ label” includes any banı or ticket. A trade mark or mark or trade description shall be deemed to be applied whether it is woven, impressed, or otherwise worked into, or annexed or affixed to the goods, or to any covering, label, reel, or other thing.

(3) A person shall be deemed to falsely apply to goods a trade mark or mark, wło, without the assent of the proprietor of a trade mark, applies such trade mark or a mark so nearly resembling it as to be calculated to deceive, but in any prosecution for falsely applying a trade mark or mark to goods, the burden of proving the assent of the proprietor shall lie on the accused.

5. Where a person is charged with making any die, block, zoachine or other instrument for the purpose of forging, or being used for forging, a trade mark, or with falsely applying to goods any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive, or with applying to goods auk false trade description, or causing any of the things in this section mentioned to be done, and proves

(a) that, in the ordinary course of his business, he is

employed on behalf of other persons to make dies, blocks, machines, or other instruments for making or being used in making trade marks, or, as the case may be, to apply marks or descriptions to goods, and that in the case which is the subject of the charge

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