day

License is hereby granted to [name and residence of person licensed] to carry on the business of an auctioneer until the , 19, subject to the Sales by Auction Ordinance. Dated this

of

day of, 19

License is hereby granted to [name and residence of person licensed] to carry on the business of an auctioneer (with privilege of Agents)

until the

day of

19 subject to the Sales by Auction

Ordinance.

Dated this

C.

Agent's License.

License is hereby granted to [name and residence of person licensed] to carry on the business of an auctioneer in the district of [name of District] as agent of [name and residence of the employer] until 19 in case such agency shall so long

the

day of

continue, subject to the Sales by Auction Ordinance.

CHAPTER XLIII.

MERCHANDISE MARKS.

(No. 8-1888.)

1.—(1) Every person who—

(a) forges any trade-mark; or

Offences as to trade-marks and trade

(b) falsely applies to goods any trade-mark, or any mark so descriptions. nearly resembling a trade-mark as to be calculated to deceive; or

(c) makes any die, block, machine or other instrument for the purpose of forging, or of being used for forging a trademark; or

(d) disposes of, or has in his possession, any die, block, machine or other instrument for the purpose of forging a trademark; or

(e) applies any false trade description to goods; or

(f) 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 or has in his possession for sale or for 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, mark or trade description; and

(b) that, on demand made by, or on behalf of, the prosecutor, he gave all the information in his power with respect to the person or persons from whom he obtained such goods or things; or

(c) that otherwise he acted innocently

be guilty of an offence against this Ordinance.

S.N.-VOL. I.

SS

Penalties.

Forfeiture.

Definitions.

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

(a) on conviction upon information, to imprisonment, with or
without hard labour, for a term not exceeding two years,
or to a fine, or to both imprisonment and a fine; or
(b) on summary conviction, to imprisonment with or without
hard labour, for a term not exceeding three months, or to
a fine not exceeding twenty-five pounds; and

(c) in any case, to forfeit to His Majesty every chattel, 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-
"Colony" includes Protectorate.
The expression "trade-mark" includes any trade-mark which,
either with or without registration, is protected by law in any
part of His Majesty's dominions or in any foreign state to
which the provisions of the one hundred and third section of
the Imperial Patents, Designs and Trade-marks Act, 1883,
are, under Order in Council, for the time being applicable;
The expression "trade description" means any description,
statement or 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 also every trade description so nearly resembling some other trade description as to be calculated to deceive; 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 or of trade manufacture or merchandise;

66

The expressions "person," ""manufacturer, dealer or trader" and proprietor" include any body of persons, corporate or unincorporate; and

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 purposes of this enactment the expression "false name or initials means, as applied to any goods, any name or initials of a person which

(a) is or are not a trade-mark, or part of a trade-mark, and
(b) is or are identical with, or a colourable imitation of, the
name or initials of a person carrying on business in con-
nexion with goods of the same description, and not having
authorised the use of such name or initials, and

(c) is or are, either the name or initials of a fictitious person, or
the name or initials of some person not bonâ fide carrying
on business in connexion with such goods.

3. A person shall be deemed to forge a trade-mark who, Who to be 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 defendant.

deemed to forge a trademark.

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

(a) applies it to the 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 pos-
session 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 mark so

deemed to falsely apply

a trade-mark or trade description.