DONBOROLENE. EZEN AREA LIEGEN SENSU SELAMARTI
328
No. 4 of 1890.
MERCHANDISE MARKS;
5 Edw. 7, c. 15.
7 Edw. 7, c. 29.
(b). "Goods" means anything which is the subject of trade, manufacture, or merchandise.
(c) Name includes any abbreviation of a name.
(d) "Person", "manufacturer", "dealer", or "trader", and "proprietor", include any body of persons, corporate or unincorporate.
(e) "Trade description" means any description, statement, or other indication, direct or indirect
(i) as to the number, quantity, measure, gauge, or weight of any goods; or
(ii) as to the place or country in which any goods were made or produced; or
(iii) as to the mode of manufacturing or producing any goods; or
(iv) as to the material of which any goods are composed;
(v) 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.
(f) "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.
(2) The provisions of this Ordinance respecting the application of a false trade description to goods shall extend to the application to goods of any such figures, words, or marks, or arrangement or combination thereof, whether including a trade mark or not, as are reasonably calculated to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose manufacture or merchandise they really are.