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THE HONGKONG GOVERNMENT GAZETTE, 26TH, DECEMBER, 1863.
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373
Trade Mark to any
any Article is sold or
Misdeamenor.
III. Every Person who, with Intent to defraud, or to enable another to defraud, Applying a forged any 'Person, shall apply or cause or procure to be applied any Trade Mark or any vessel, Case, Wrapper, forged or counterfeited Trade Mark to any Cask, Bottle, Stopper, Vessel, Case, Cover, &c., in or with which Wrapper, Band, Reel, Ticket, Label, or other Thing in, on, or with which any Chattel intended to be fold, a or Article shall be intended to be sold or shall be sold or uttered or exposed for Sale, or intended for any Purpose of Trade or Manufacture, or shall enclose or place any Chattel or Article, or cause or procure any Chattel or Article to be enclosed or placed, in, upon, under, or with any Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing to which any Trade Mark shall have been falsely applied, or to which any forged or counterfeited Trade Mark shall have been applied, or shall apply or attach or cause or procure to be applied or attached to any Chattel or Article any Case, Cover, Reel, Ticket, Label, or other Thing to which any Trade Mark shall have been falsely applied, or to which any forged or counterfeited Trade Mark shall have been applied, or shall enclose, place, or attach any Chattel or Article, or cause or procure any Chattel or Article to be enclosed, placed, or attached, in, upon, under, with, or to any Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing having thereon any Trade Mark of any other Person shall be guilty of a Misdemeanor, and every Person so committing a Misdemeanor shall also forfeit to Her Majesty every such Chattel and Article, and also every such Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing as aforesaid in the Possession or Power of such Person; and every other similar Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing made to be used in like manner as aforesaid, and every Instrument in the Pos- session or Power of such Person, and by means of which any such Trade Mark or forged or counterfeited Trade Mark as aforesaid shall have been applied, and also Instru- ment in the Possession or Power of such Person for applying any such Trade Mark or forged or counterfeited Trade Mark as aforesaid, shall be forfeited to Her Majesty; and the Court before which any such Misdemeanor shall be tried may order such forfeited Articles as aforesaid to be destroyed or otherwise disposed of as such Court shall think fit.
every
forged or false Trade
equal to Value of Ar-
less than $5.
IV. Every Person who, after the Thirty-first Day of March One thousand eight Selling Articles with -hundred and sixty-four, shall sell, utter, or expose either for Sale or for any Purpose Marks after 31st
of Trade or Manufacture, or cause or procure to be sold, uttered, or exposed for March 1864 Venalty Sale or other Purpose as aforesaid, any Chattel or Article, together with any ticle sold, and a Sum forged or counterfeited Trade Mark, which he shall know to be forged or counter- not exceeding $50 nor feited, or together with the Trade Mark of any other Person applied or used falsely or wrongfully or without lawful Authority or Excuse, knowing such Trade Mark of another Person to have been so applied or used as aforesaid, and that whether any such Trade Mark or forged or counterfeited Trade Mark as aforesaid, together with which any such Chattel or Article shall be sold, uttered, or exposed for Sale or other Purpose as aforesaid, shall be in, upon, about, or with such Chattel or Article, or in, upon, about, or with any Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing in, upon, about, or with which such Chattel or Article shall be so sold or uttered or exposed for Sale or other P'urpose as aforesaid, shall for every such Offence forfeit and pay to Her Majesty a Sum of Money equal to the Value of the Chattel or Article so sold, uttered, offered, or exposed for Sale or other Purpose as aforesaid, and a further Sum not exceeding Fifty Dollars and not less than Five Dollars.
Additions to and Alterations of Trade Marks made with
be deemed Forgeries.
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V. Every Addition to and every Alteration of, and also every Imitation of any Trade Mark which shall be made, applied, or used with Intent to defraud, or to enable any other Person to defraud, or which shall cause a Trade Mark with such Alteration Intent to defraud to or Addition, or shall cause such imitation of a Trade Mark to resemble any genuine Trade Mark so or in such Manner as to be calculated or likely to deceive, slhall be and be deemed to be a false, forged, and counterfeited Trade Mark within the Meaning of this Ordinances and every Act of making, applying, or otherwise using any such Addi- tion to or Alteration of a Trade Mark or any such Imitation of a Trade Mark afore- said done by any Person with Intent to defraud, or to enable any other Person to defraud, shall be and be deemed to be forging and counterfeiting a Trade Mark within the Meaning of this Ordinance.
as
Any Person who,
shall have sold an
VI.' Where any Person who, at any Time after the Thirty-first Day of March after31st March 1864, One thousand eight hundred and sixty-four, shall have sold, uttered, or exposed for Article having a false Sale or other l'urpose as aforesaid, or shall have caused or procured to be sold, uttered, Trade Mark to be bound or exposed for Sale or other Purpose as aforesaid, any Chattel or Article, together with where he procured it;
to give Information
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