CO129-253 - Public Offices & Others - 1891 — Page 305

B.

C. O.

7510

INECR (REC 14 APR 31

REGULATIONS made by the Commissioners of Customs under Section 16 of the Mer- chandize Marks Act, 1887.

303

કાન માં જ્ય

WHEREAS by the Merchamlize Marks Act, 1887, (hereinafter called "the Act.")

After various provisions against the sale, or exposure for sale, or possession for sale, trade, or manufacture, of goods with forged trade marks or false trade descriptions, or trade marks falsely applied to them ;

And after defining, (amongst other things), the expression "trade "The mark in manner therein set forth, with reference to Patents, Designs and Trade Marks Act, 1883," and the law of indicated British Possessions and Foreign States.

ik

And after defining the expression trade description" as any descrip- tion, statement or other indication, direct or indirect, as to number, quantity, measure, gauge, or weight, of goods, as to place or country in which any goods were made or produced, as to the mode of manufacturing or producing any goods, or as to the material of which any goods are composed, or as to any goods being the subject of any existing patent, privilege, or copyright.

And after defining the expressions "false trade description," and

"goods," "apply," and "falsely apply;"

66

It is provided by Section 16 that,

(1.) All such goods as above mentioned, and

or

(1.) All goods of foreign manufacture, bearing any name

trade mark, being or purporting to be, the name or trade mark of any manufacturer, dealer, or trader, in the United Kingdom, unless such name or mark be accompanied by definite indication of the country in which such goods were made or produced,

shall be prohibited to be imported, and, subject to the provisions of the said section, shall be included among goods prohibited to be imported, as if they were specified in Section 42 of " The Customs Consolidation Act, 1876."

And whereas by Section 18 of the Act, after authorizing the continued use of trade descriptions lawfully and generally applied to goods of the particular class, or manufactured by a particular method, to indicate such class or method, it is provided that, where such trade description includes the name of a place or country calculated to mislead as to where the goods were actually made or produced, such goods not having been actually made or produced there, the said reciting section should not apply, (and, consequently, goods so marked would be prohibited), unless there be added to the trade description, immediately before or

1500-C. 8018.

Wt 11721. 10/87. D. & S.

A