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THE LAW

RELATING TO

TRADEMARKS

BY

R. S. MUSHET,

OF LINCOLN'S INN BARRISTER-AT-LAW.

LONDON:
SMITH, ELDER, & CO., 15 WATERLOO PLACE.

1885.

[All rights reserved.]

Ballantyne Press BALLANTYNE, HANSON AND CO.

EDINBURGH AND LONDON

PREFACE.

In this little book an attempt is made to collect in as small a compass as possible, the principles of the law of this country relating to Trade Marks.

Since a large proportion of those principles are now embodied in comparatively recent statutory enactments, it was thought that the object of the book would be more conveniently and satisfactorily attained by appending explanatory notes to each section of the Acts of Parliament relating to the subject than by adopting the form of a treatise.

The rules relating to trade marks issued by the Board of Trade in pursuance of the Patents, Designs, and Trade Marks Act, 1883, have been added at the end of the volume, as well as the Instructions compiled by the authorities at the Patent Office for the guidance of those who desire to register trade marks.

Reference is made in the Addenda to the short notes, contained in the legal newspapers, of some few cases which have been decided whilst the book was passing through the press but which have not yet been reported at length.

R. S. M.

8 STONE BUILDINGS, LINCOLN'S INN,

July 1885.

CONTENTS

PAGE

I

IO

I2
14

.

I.-THE MERCHANDISE MARKS ACT, 1862, 25 and 26 Vict., c. 88.

SECT.

1. Construction of words

2. Forging a trade mark or falsely applying any trade mark

with intent to defraud, a misdemeanor

3. Applying a forged trade mark to any vessel, case, wrapper,

&c., in or with which any article is sold or intended to

be sold, a misdemeanor

4. Penalty for selling articles with false trade marks

5. Additions to and alterations of trade marks with intent to

defraud to be deemed forgery

16

6. Person selling an article with false trade mark to give

information where he procured it

17

7. Penalty for marking false indication of quantity, &c., upon

an article with intent to defraud

19

8. Penalty for selling articles with false indication of quan-

tities, &c., upon them

23

9. Proviso that it is not an offence to apply to particular

goods names known to be used for indicating such

goods . .

25

10. Description of forged trade marks in indictments, &c.

26

II. Conviction not to affect any right or civil remedy

26

12. Intent to defraud a particular person need not be alleged

or proved

13. Persons who aid in commission of misdemeanor to be also

guilty

29

14. Punishment for misdemeanor under the Act

29

15. Recovery of penalties

30

16. Summary proceedings before justices :

32

17. Plaintiffs to recover full costs in actions

32

18. Limitations of actions

33

19. Vendor of an article with a trade mark to be deemed to

contract that mark is genuine.

34

20. Vendor of an article with description upon it of its quan-

tity, &c., to be deemed to contract that the description

is true

21. In suits court may order article to be destroyed, and may

award injunction

37

22. Persons aggrieved by forgeries may recover damages

43

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