MERCHANDISE MARKS.
No. 4 of 1890.
331
4. A person shall be deemed to forge a trade mark who Forging either-
(1) 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 calculated to deceive; or
(2) 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 lie on the defendant.
trade mark. 50 & 51 Vict., c. 28, s. 4.
5.-(1) A person shall be deemed to apply a trade mark Applying or mark or trade description to goods who-
(a) applies it to the goods themselves; or
(b) 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 annexes 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, reel, or other thing to which a trade mark or trade description has been applied; or
(d) makes in any affidavit, declaration or writing any statement to the effect that a trade mark or trade description is applicable to the goods; or
(e) 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) "Covering" includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame, or wrapper; and "label" includes any band or ticket.
(3) A trade mark or mark or trade description shall be deemed to be applied whether it is woven, impressed, or otherwise.
As amended by No. 2 of 1934 [29.3.34] and Law Rev. Ord., 1937.
mark or description.
50 & 51 Vict.
c. 28, s. 5.
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