1890_MERCHANDISE__MARKS_ORDINANCE__1863 — Page 1

ORDINANCE No. 8 OF 1863..

Fraudulent Marking of Merchandise..

No. 8 of 1863.

An Ordinance to prevent the fraudulent marking of merchandise.

[22nd December, 1863.]

WH

HEREAS it is expedient to prevent the fraudulent marking of merchandise, and the sale of merchandise falsely marked for the purpose of fraud: Be it therefore enacted by His Excellency the Acting Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:

1. In the construction of this Ordinance the word "Person" shall include any person, whether a subject of Her Majesty or not, and any body corporate or body of the like nature, whether constituted according to the law of this Colony or of any of Her Majesty's Colonies or Dominions, or according to the law of any Foreign Country, and also any company, association, or society of persons, whether the members thereof be subjects of Her Majesty or not, or some of such persons subjects of Her Majesty and some of them not, and whether such body corporate, body of the like nature, company, association, or society be established or carry on business within Her Majesty's Dominions or elsewhere, or partly within Her Majesty's Dominions and partly elsewhere; the word "Mark" shall include any name, signature, word, letter, device, emblem, figure, sign, seal, stamp, diagram, label, ticket, or other mark of any other description; and the

and expression "Trade Mark" shall include any every such name, signature, word, letter, device, emblem, figure, sign, seal, stamp, diagram, label, ticket, or other mark as aforesaid lawfully used by any person to denote any chattel, or any article of trade, manufacture, or merchandise, to be an article or thing of the manufacture, workmanship, production, or merchandise of such person, or to be an article or thing of any peculiar or particular description made or sold by such person, and shall also include any name, signature, word, letter, number, figure, mark, or sign. which in pursuance of any Statute or Statutes, Ordinance or Ordinances for the time being in force relating to registered designs is to be put or placed upon or attached to any chattel or article during the existence or continuance of any copyright or other sole right acquired under the provisions of such Statutes or Ordinances or any of them.

'Title.

561

[See 25 and

26 Viet.c.88.]

Construction

of words.

trade mark

2. Every person who, with intent to defraud, or to enable another to defraud any person, shall forge or counterfeit, or cause or procure to be forged or counterfeited, any trade mark, or shall apply, or cause or applying

any trade mark