A392
Ord. No. 69,80
Information to be given in advertisements.
Icf. 1968 c. 29,
s. 9.]
Applying a
trade descrip-
tion, trade mark or mark to goods.
[cf. 1968 c. 29, s. 4.]
Offences in
respect of trade descriptions.
[cf. 1968 c. 29,
s. 1.]
TRADE DESCRIPTIONS
any
hall
5. (1) The Governor in Council may by order require th description of advertisements of any goods specified in the ord contain or refer to information (whether or not amounting to or inding a trade description) relating to such goods and subject to the provisions of this Ordinance impose requirements as to the inclusion of that information or of an indication of the means by which it may be obtained.
(2) An order under this section may specify the form and manner in which any such information or indication is to be included in advertise- ments of any description and may make different provision for different circumstances.
(3) Where an advertisement of any goods to be supplied in the course of any trade or business fails to comply with any requirement imposed under this section, any person who publishes the advertisement commits an offence.
PART II
FALSE TRADE DESCRIPTIONS OR REPRESENTATIONS AND FORGED TRADE MARKS
6. (1) A person applies a trade description or trade mark or mark to goods if he
(a) affixes or annexes it to or in any manner marks it on or
incorporates it with-
(i) the goods themselves; or
(ii) anything in, on or with which the goods are supplied;
(b) places the goods in, on or with anything which the trade descrip- tion or trade mark or mark has been affixed or annexed to, marked on or incorporated with, or places any such thing with the goods;
(c) uses the trade description or trade mark or mark in any manner
likely to be taken as referring to the goods; or
(d) makes in any affidavit, declaration or writing any statement to the effect that a trade description or trade mark or mark is applicable to the goods.
•
(2) An oral statement may amount to the use of a trade description or trade mark or mark.
(3) Where goods are supplied in pursuance of a request in which a trade description or trade mark or mark is used and the circumstances are such as to make it reasonable to infer that the goods are supplied as goods corresponding to that trade description or trade mark or mark, the person supplying the goods shall be deemed to have applied that trade description or trade mark or mark to the goods.
7. (1) Subject to the provisions of this Ordinance, any person who-
(a) in the course of any trade or business—
(i) applies a false trade description to any goods; or
(ii) supplies or offers to supply any goods to which a false trade description is applied; or
TRADE DESCRIPTIONS
Ord. No. 69,80
A393
(b) has in his possession for sale or for any purpose of trade or manufacture any goods to which a false trade description is applied,
commits an offence.
(2) A person exposing goods for supply or having goods in his posses- sion for supply shall be deemed to offer to supply them.
(3) Subject to the provisions of this Ordinance any person who disposes of or has in his possession any die, block, machine, or other instrument for the purpose of making, or applying to goods a false trade description commits an offence unless he proves that he acted without intent to defraud.
8. (1) The following provisions of this section shall have effect Trade descrip- where in an advertisement a trade description is used in relation to any tions used in class of goods.
(2) The trade description shall be taken as referring to all goods of the class, whether or not in existence at the time the advertisement is published-
(a) for the purpose of determining whether an offence has been
committed under section 7(1)(a)(i); and
(b) where goods of the class are supplied or offered to be supplied by a person publishing or displaying the advertisement, also for the purpose of determining whether an offence has been committed under section 7(1)(a)(ii).
(3) In determining for the purposes of this section whether any goods are of a class to which a trade description used in an advertisement relates, regard shall be had not only to the form and content of the advertisement but also to the time, place, manner and frequency of its publication and all other matters making it likely or unlikely that a person to whom the goods are supplied would think of the goods as belonging to the class in relation to which the trade description is used in the advertisement.
advertisements. [cf. 1968 c. 29. 8. 5.1
9. (1) Subject to the provisions of this Ordinance, any person who Offences in (a) forges any trade mark;
(b) falsely applies to any goods any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive;
(c) makes any die, block, machine or other instrument for the purpose
of forging, or of being used for forging, a trade mark;
(d) disposes of or has in his possession any die, block, machine or other instrument for the purpose of forging a trade mark; or
(e) causes to be done anything referred to in paragraph (a), (b), (c)
or (d),
commits an offence unless he proves that he acted without intent to defraud.
(2) Subject to the provisions of this Ordinance, any person who sells or exposes or has in his possession for sale or for any purpose of trade or manufacture, any goods to which any forged trade mark 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, commits an offence.
(3) For the purposes of this section, a person shall be deemed—
respect of trade marks