796
THE HONGKONG GOVERNMENT GAZETTE, 9TH AUGUST,
Forging trade maris,
(bul, s. 4.)
Applying marks and descriptions. (Ibid, 8, 50)
Krempaion of
WITHIN
persons e
ployed in
Ordinary course of business. ¿Aid, No 6,
(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 busi- ness in connection with goods of the same de- scription, and not having authorised the use of such name or initials, and
(c.) are either those of a fictitious person or of some person not bona fide carrying on business in connection with such goods.
4. 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 cal- culated 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 lic on the defendant.
5. (.) A person shall be deemed to apply a trade mark or mark or trade description to goods who
(a.) applies it to the goods themselves; or
(4.) 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 anncxes 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, recl, 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 connexion 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 asscut of the pro- prietor 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 defendant.
6. Where a defendant is charged with making any die, block, machine, er 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 descrip- tions to goods, and that in the case which is the subject of the charge he was so employed by some person resident in the Colony, and was not interested in the goods by way of profit or commission dependent on the sale of such goods ;
and
(b) that he took reasonable precautions against com-
mitting the offence charged; and
1890.