PART 3.-SPECIAL PROPERTY RIGHTS. C.-MERCHANDISE MARKS. ORDINANCE No. 47 of 1903. To make Provision against Fraudulent Marks on Merchandise. 1. (1) Every person who (a) forges any trade mark; or (b) falsely applies to goods any trade mark, or any mark so nearly resembling a trade mark as to be calculated to deceive; or (c) makes any die, block, machine, or other instrument (d) applies any false trade description to goods; or (f) manufactures, imports, or has in his possession, any (g) causes any of the things above in this section mentioned 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 no reason to suspect the genuineness of the trade mark or trade description; and (b) that, on demand made by or on behalf of the complainant, 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; 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 fine 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 offence has been committed. 2. (1) For the purposes of this Ordinance The expression "trade mark means a trade mark registered 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. The expression "trade description means any descrip tion, statement, or other indication direct or 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 persons corporate or incorporate. (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 (c) are either those of a fictitious person, or of some person 3. 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 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 (b) 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 to any 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. (2) The expression "covering includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame or wrapper; and the expression "label" includes any band 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, who, 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, machine 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 any 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 |