the hongkong government GAZETTE, 21st NOVEMBER, 1863.
339
any Article is sold or
Misdeainenor.
forged
or counterfeited Trade Mark to any Cask, Bottle, Stopper, Vessel, Case, Cover, &c., in or with which Wrapper, Band, Reel, Ticket, Label, or other Thing in, on, or with which any Chattel intended to be sold, a or Article shall be intended to be sold or shall be sold or uttered or exposed for Sale, or intended for any Purpose of Trade or Manufacture, or shall enclose or place any Chattel or Article, or cause or procure any Chattel or Article to be enclosed or placed, in, upon, under, or with any Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing to which any Trade Mark shall have been falsely applied, or to which any forged or counterfeited Trade Mark shall have been applied, or shall apply or attach or cause or procure to be applied or attached to any Chattel or Article any Case, Cover, Reel, Ticket, Label, or other Thing to which any Trade Mark • shall have been falsely applied, or to which any forged or counterfeited Trade Mark shall have been applied, or shall enclose, place, or attach any Chattel or Article, or cause or procure any Chattel or Article to be enclosed, placed, or attached, in, upon, under, with, or to any Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing having thereon any Trade Mark of any other Person shall be guilty of a Misdemeanor, and every Person so committing a Misdemeanor shall also forfeit to Her Majesty every such Chattel and Article, and also every such Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing as aforesaid in the Possession or Power of such Person; and every other similar Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing made to be used in like manner as aforesaid, and every Instrument in the Pos- session or Power of such Person, and by means of which any such Trade Mark or forged every Instru- or counterfeited Trade Mark as aforesaid shall have been applied, and also ment in the Possession or Power of such Person for applying any such Trade Mark or forged or counterfeited Trade Mark as aforesaid, shall be forfeited to Her Majesty; and the Court before which any such Misdemeanor shall be tried may order such forfeited Articles as aforesaid to be destroyed or otherwise disposed of as such Court shall think
fit.
•
March 1864 Penalty
IV. Every Person who, after the Thirty-first Day of March One thousand eight Selling Articles with hundred and sixty-four, [or after such earlier date as shall be specified by His Excellency Marks after 31st the Governor by notification to be published in the Gazette], shall sell, utter, or expose equal to Value of Ar- either for Sale or for any Purpose of Trade or Manufacture, or cause or procure to be ticle sold, and a Sum sold, uttered, or exposed for Sale or other Purpose as aforesaid, any Chattel or Article, not exceeding £o nor together with any forged or counterfeited Trade Mark, which he shall know to be forged or counterfeited, or together with the Trade Mark of any other Person applied or used falsely or wrongfully or without lawful Authority or Excuse, knowing such Trade Mark of another Person to have been so applied or used as aforesaid, and that whether any such Trade Mark or forged or counterfeited Trade Mark as aforesaid, together with which any such Chattel or Article shall be sold, uttered, or exposed for Sale or other Purpose as aforesaid, shall be in, upon, about, or with such Chattel or Article, or in, upon, about, or with any Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing in, upon, about, or with which such Chattel or Article shall be so sold or uttered or exposed for Sale or other Purpose as aforesaid, shall for every such Offence forfeit and pay to Her Majesty a Sum of Money equal to the Value of the Chattel or Article so sold, uttered, offered, or exposed for Sale or other Purpose as aforesaid, and a further Sum not exceeding Five Pounds and not less than Ten Shillings.
Additions to and
Alterations of Trade Marks made with
be deemed Forgerics.
*
-V. Every Addition to and every Alteration of, and also every Imitation of any Trade Mark which shall be made, applied, or used with Intent to defraud, or to enable any other Person to defraud, or which shall cause a Trade Mark with such Alteration Intent to definud to or Addition, or shall cause such imitation of a Trade Mark to resemble any genuine Trade Mark so or in such Manner as to be calculated or likely to deceive, shall be and be deemed to be a false, forged, and counterfeited Trade Mark within the Meaning of this Ordinance; and every Act of making, applying, or otherwise using any such Addi- tion to or Alteration of a Trade Mark or any such Imitation of a Trade Mark as afore- said done by any Person with Intent to defraud, or to enable, any other Person to defraud, shall be and be deemed to be forging and counterfeiting a Trade Mark within the Meaning of this Ordinance.
Any Person who, shall have sold an Article having a false
after 31st March 1864,
VI. Where any Person who, at any Time after the Thirty-first Day of March One thousand eight hundred and sixty-four, [or after such earlier day to be specified as aforesaid] shall have sold, uttered, or exposed for Sale or other Purpose as aforesaid, or shall have caused or procured to be sold, uttered, or exposed for Sale or other bound to give Inform- Purpose as aforesaid, any Chattel or Article, together with any forged or counterfeited ation where he procu-
Trade Mark to he
red it ;
+
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