566
not more than $50 or less
than $5.
Provided that
it shall not be
an offence to apply names or words
known to be used for in-
dicating particular classes of manufac-
tures.
Description of trade marks and forged trade marks in indict-
ments, &c.
Conviction not to affect any right or civil remedy.
ORDINANCE No. 8 of 1863.
Fraudulent Marking of Merchandise.
any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing together with which such chattel or article shall be sold or uttered or exposed for sale or other purpose as aforesaid, shall have been so put, or upon any case, frame, or other thing used or employed to expose or exhibit such chattel or article for sale shall have been so put, any false description, statement, or other indication of or respecting the number, quantity, measure, or weight of such chattel or article, or any part thereof, or the place or country in which such chattel or article shall have been made, manufactured or produced, shall for every such offence forfeit and pay to Her Majesty a sum not exceeding fifty dollars and not less than five dollars.
9. Provided always, that the provisions of this Ordinance shall not be construed so as to make it any offence for any person to apply to any chattel or article, or to any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing with which such chattel or article shall be sold or intended to be sold, any name, word, or expression generally used for indicating such chattel or article to be of some particular class or description of manufacture only, or so as to make it any offence for any person to sell, utter, or offer or expose for sale any chattel or article to which, or to any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing sold therewith, any such generally used name, word, or expression as aforesaid shall have been applied.
10. In every indictment, information, pleading, proceeding, and document whatsoever in which any trade mark shall be intended to be mentioned it shall be sufficient to mention or state the same to be a trade mark without further or otherwise describing such trade mark, or setting forth any copy or fac-simile thereof; and in every indictment, information, pleading, proceeding, and document whatsoever in which it shall be intended to mention any forged or counterfeit trade mark it shall be sufficient to mention or state the same to be a forged or counterfeit trade mark without further or otherwise describing such forged or counterfeit trade mark, or setting forth any copy or fac-simile thereof.
11. The provisions in this Ordinance contained of or concerning any act, or any proceeding, judgment, or conviction for any act hereby declared to be a misdemeanor or offence, shall not nor shall any of them take away, diminish, or prejudicially affect any suit, process, proceeding, right, or remedy which any person aggrieved by such act may be entitled
566
not more than $50 or less
than $5.
Previso that
it shall not be
an offence to apply names or words
known to be used for in-
dicating par- ticular classes of manufac- tures.
Description of trade marks and forged trade marks in indict- ments, &c.
Conviction not to affect any right or civil remedy.
ORDINANCE No. 8 of 1863.
Fraudulent Marking of Merchandise.
any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing together with which such chattel or article shall be sold or uttered or exposed for sale or other purpose as aforesaid, shall have been so put, or upon any case, frame, or other thing used or em- ployed to expose or exhibit such chattel or article for sale shall have been so put, any false description, statement, or other indication of or respect- ing the number, quantity, measure, or weight of such chattel or article. or any part thereof, or the place or country in which such chattel or article shall have been made, manufactured or produced, shall for every such offence forfeit and pay to Her Majesty a sum not exceeding fifty dollars and not less than five dollars.
9. Provided always, that the provisions of this Ordinance shall not be construed so as to make it any offence for any person to apply to any chattel or article, or to any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing with which such chattel or article shall be sold or intended to be sold, any name, word, or expression generally used for indicating such chattel or article to be of some particular class or description of manufacture only, or so as to make it any offence for any person to sell, utter, or offer or expose for sale any chattel or article to which, or to any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing sold therewith, any such generally used name, word, or expression as aforesaid shall have been applied.
10. In every indictment, information, pleading, proceeding, and document whatsoever in which any trade mark shall be intended to be mentioned it shall be sufficient to mention or state the same to be a trade mark without further or otherwise describing such trade mark, or setting forth any copy or fac-simile thereof; and in every indictment, information, pleading, proceeding, and document whatsoever in which it shall be intended to mention any forged or counterfeit trade mark it shall be sufficient to mention or state the same to be a forged or counterfeit trade mark without further or otherwise describing such forged or counterfeit trade mark, or setting forth any copy or fac-simile thereof.
11. The provisions in this Ordinance contained of or concerning any act, or any proceeding, judgment, or conviction for any act hereby declared to be a misdemeanor or offence, shall not nor shall any of them take away, diminish, or prejudicially affect any suit, process, proceeding, right, or remedy which any person aggrieved by such act may be entitled
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