659878-1889-Bills-Supplementary-Appropriation-1888-Bills-Expenses-of-Criminal-Lunatics-Bills-Trade-Marks--Amendment-Bills-Naturalization-of-Leung-Shu-Bills-Police-Force-Consolidation--Amendment-Bills-Patents-Amendment- — Page 10

912

THE HONGKONG GOVERNMENT GAZETTE, 23RD NOVEMBER, 1889.

Forging trade

marks. (Ibid, s. 4.)

Applying marks and descriptions. (Ibid, n. 5.)

The expression "trade description" means any description, statement, or other indication, direct or indirect,

(a.) weight of any goods, or as to the number, quantity,

measure, gauge, 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 com-

posed, or

(e.) 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 Ordi-

nance.

The expression "false trade description" means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alter- ation of a trade description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect, and the fact that a trade description is a trade mark, or part of a trade mark, shall not prevent such trade description being a false trade description within the meaning of this Ordinance.

The expression "goods" means anything which is the sub- ject of trade, manufacture, or merchandise.

The expressions "person," "manufacturer," "

dealer," or

"trader" and "proprietor" include any body of persons

corporate or unincorporate.

事事

The expression name includes any abbreviation of a

name.

(2.) The provisions of this Ordinance respecting the ap- plication 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 in- cluding a trade mark or not, as are reasonably calculated to lead persons to believe that the goods are the manu- facture or merchandise of some person other than the person whose manufacture or merchandise they really are.

(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

""

(a.) 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 lię 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 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