582
No. 4 of 1890.
MERCHANDISE MARKS.
No. 4 of 1890.
To amend the law relating to Fraudulent Marks on Merchandise.
[1st January, 1891.]
Short title.
Interpretation of terms. [50 & 51 Vict. c. 28 s. 3.]
* 15 Edw. VII. c. 15.]
1. The Merchandise Marks Ordinance, 1890.
2. (1) For the purposes of this Ordinance,-
"Trade mark" means a trade mark registered in the Register of Trade Marks kept under any Ordinance, or kept under or preserved by the Trade Marks Act, 1905, and includes any trade mark which, either with or without registration, is protected by law in any British possession or Foreign State to which the provisions of section 91 and the proviso to section 98 (1) of the Patents and Designs Act, 1907, are, under Order in Council, for the time being applicable:
"Trade description" means any description, statement, or other 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:
"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 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:
"Goods" means anything which is the subject of trade, manufacture, or merchandise:
3.-
(a)
(b)
(c)
(d)
(e)
(f)
* As amended by No. 2 of 1912.