PUBLIC RECORD OFFICE
Reference :-
885/5
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
16 & 47 Viet, c. 57.
Application
of Act to Scotland.
Application
of Act to Ireland.
Repeal of Act.
142
The expression trade mark means a registered trade mark and includes any trade name when not a registered trade mark and also includes any mark which, in pursuance of any statute for the time being in force relating to registered designs, is to be put or placed upon or attached to any article during the oxistence of any sole right acquired under the provisions of such statute:
-
The expression registered trade mark” means a trade mark registered under the Patents, Designs, and Trade Marks Act, 1883, or under any Act thereby repealed, and includes any trade mark which either with or without registration is protected by law in any of Her Majesty's possessions out of the United Kingdom or in any foreign state to which the provisions of the one hundred and third section of the Patents. Designs, and Trade Marks Act, 1883, have been, by Order in Council, declared applicable: The expression
"trade name means the name under which any person carries on business, and includes any abbreviation of such name;
5+
The expression "covering" includes any stopper, cask, bottle, vessel, box, cover,
caso, frame, or wrapper:
The expression “label" includes any band or ticket.
14. In the application of this Act to Scotland the following modifications shall be made:-
The expression the Summary Procedure Act, 1864, and any Acts amending the sainc
shall be substituted for the Summary Jurisdiction (England) Acts.
The expression Court of Summary Jurisdiction means the Sheriff Court, and all jurisdiction necessary for the purpose of this Act is hereby conferred on sheriffs. The appeal from summary conviction shall be to the sheriff. The expression "justice" includes sheriff and sheriff's substitute.
15. In the application of this Act to Ireland, the following modifications shall be made.
There shall be substituted for Summary Jurisdiction (England) Acts, so far as respects the police district of Dublin metropolis, the Acts regulating the powers and duties of justices of the peace of such district, and as regards the rest of Ireland the Petty Sessions (Ireland) Act, 1851, and any Act amending the same, and the court of summary jurisdiction means justices acting under those Acts.
The appeal from a court of summary jurisdiction shall be to a court of quarter
sessions.
16. The Merchandise Marks Act, 1862, is hereby repealed, and any unrepealed enactment referring to any enactment so repealed shall be construed to apply to the corresponding provision of this Act; provided that this repeal shall not affect
(a.) any penalty, forfeiture, or punishment incurred in respect of any offence
committed against any enactment hereby repealed; nor
(b.) any right, privilege, liability, or obligation acquired, accrued, or incurred under
any enactment hereby repealed.
No. 47.
MERCHANDISE MARKS LAW CONSOLIDATION AND AMENDMENT BILL.
Clause.
1. Short title.
2.
ARRANGEMENT OF CLAUSES.
Offences as to trade marks and trade descrip-
tions.
3. Meaning of trade mark, &c.
4.
Definition of forging trade mark,
5. Definition of applying marks and descriptions.
6. Evidence ou charge of forging or falsely applying
marks.
7. Evidence on charge of selling falsely marked
goods.
9. Application of Act to watches.
9. Provision as to marking watch cases with indi•
cation of origin.
Clause.
10. Trade mark how described in pleading.
11. Defendant may give evidence,
12. Punishment of accessories.
13. Search warrant.
It. Limitation of prosecution.
15. Prohibition on importation.
16. Implied warranty on sale of marked goods.
17. Savings.
18. Application of Act to Scotland
19. Application of Act to Treland, 20. Repeal of Act.
143
A BILL to consolidate and amend the Law relating to FRAUDULENT MARKS on MERCHANDISE.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1. This Act may be cited as the Merchandise Marks Act, 1887.
(a) forges any trade mark; or
Short title.
2.-(1.) Every person who, with intent to defraud or to enable another to Offences defraud-
ns to trade
marks and trade de-
(b) falsely applies to goods any trade mark or any mark so nearly resembling a trade scriptions.
mark as to be calculated to deceive; or
(c) applies any false trade description to goods;
[Act, s8.2,3.] [Act, 8, 7.]
and every person who, knowing a trade mark or mark to be forged or falsely applied,
or knowing a trade description to be false,
(d) sells or exposes for sale or for any purpose of trade or manufacture any goods or [Act, ss. 4,8.]
things to which that forged trade mark or false trade description has been applied,
or to which that trade mark or mark has been falsely applied, as the case
may be,
shall, subject to the provisions of this Act, be guilty of an offence against this Act.
(2.) Every person guilty of an offence against this Act shall be liable—
(i.) on conviction on indictment, to imprisonment, with or without hard labour, for a term not exceeding two years, or to fine, or to both imprisonment and fine; and
(ii) on summary conviction to imprisonment, with or without hard labour, for a term not exceeding four months, or to a fine not exceeding twenty pounds, and in the case of a second or subsequent conviction to imprisonment, with or without hard labour, for a term not exceeding six months, or to a fine not exceeding fifty pounds, and
(iii.) in any case, to forfeit to Her Majesty every chattel, article, instrument, or
thing by means of or in relation to which the offence has been committed. (3.) The court before whom any person is convicted under this section
any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.
may order (4.) If any person feels aggrieved by any conviction made by a court of summary jurisdiction, he may appeal therefrom to a court of quarter sessions.
(5.) Any offence for which a person is under this Act liable to punishment on summary conviction may be prosecuted, and any articles liable to be forfeited under this Act by a court of summary jurisdiction may be forfeited, in manner provided by the Summary Jurisdiction Acts.
3. For the purposes of this Act-
42 & 43 Vict. c. 49.
The expression "trade mark' means a trade mark registered in the register of trade Meaning of marks kept under the Patents, Designs, and Trade Marks Act, 1883, and includes trade mark, any trade mark which, either with or without registration, is protected by law in &c. any British possession or foreign State to which the provisions of the one hundred 46 & 47 Vict. and third section of the Patents, Designs, and Trade Marks Act, 1883, are, under c. 57. Order in Council, for the time being applicable: The expression "trade description
indication
means any description, statement, or other
(a.) as to the number, quantity, measure, 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
[Act, a. 7.]
[Bill, cl. 7.]
19
means a trade description which is false [Bill, cl. 5
(e) as to any goods being the subject of an existing patent, privilege, or
copyright.
The expression "false trade description
as regards the goods to which it is applied, and includes every alteration of a trade (3).] description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false:
The expression “goods" means anything which is the subject of trade, manufacture,
or merchandise.
A 51481.
A a