658
THE HONGKONG GOVERNMENT GAZETTE, 12TH JULY, 1890.
Forging trade
marks.
(Ibid, ■.4.)
Applying marks and descriptiona. (Ibid, a. 5.)
Exemption of certain persona em- ployed in ordinary course of business. (Ibid, a. 6.)
(3.) The provisions of this Ordinance respecting the ap- plication of a false trade description to goods, or respecting goods to which a false trade description is applied, shall extend to the application to goods of any false name or initials of a person, and to goods with the false name or initials of a person applied, in like manner as if such name or initials were a trade description, and for the purpose of this enactment the expression "false name or "initials" means as applied to any goods, any name or initials of a person which
(4.) are not a trade mark, or part of a trade mark,
and
(b.) are identical with, or a colourable imitation of the name or initials of a person carrying on busi- ness in connection with goods of the same de- scription, and not having authorised the use of such name or initials, and
(c.) are either those of a fictitious person or of some person not bonâ fide carrying on business in connection with such goods.
4. A person shall be deemed to forge a trade mark who either
(a.) 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 cal- culated to deceive; or
(b.) 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.
5. (1.) A person shall be deemed to apply a trade mark 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.) 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.) The expression "covering" includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame, or wrapper; and the expression "label" includes any baud or
ticket.
A trade mark, or mark, or trade description, shall be deemed to be applied whether it is woven, impressed, or otherwise worked into, or annexed, or affixed to the goods, or to any covering, label, reel, or other thing.
(3.) A person shall be deemed to falsely apply to goods a trade mark or mark, who without the assent of the pro- prietor of a trade mark, applies such trade mark or a mark so nearly resembling it as to be caicnlated to deceive, but in any prosecution for falsely applying a trade mark or mark to goods the burden of proving the assent of the proprietor shall lie on the defendant.
6. Where a defendant is charged with making any die, block, machine, or other instrument for the purpose of forging, or being used for forging, a trade mark, or with falsely applying to goods any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive, or with applying to goods any false trade description, or causing any of the things in this section mentioned to be done, and proves
(a.) that in the ordinary course of his business he is employed, on behalf of other persons, to make dies, blocks, machines, or other instruments for making, or being used in making, trade marks, or as the case may be to apply marks or descrip-
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