1912_MERCHANDISE_MARKS_ORDINANCE__1890 — Page 2

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No. 4 of 1890.

583

2

"Person " manufacturer

trader and proprietor" include any body of persons, corporate or un- incorporate:

"Name" includes any abbreviation of name.

(2) The provisions of this Ordinance respecting the application of a false trade description to goods shall extend to the application to goods of any such figures, words, or marks, or arrangement or com- bination thereof, whether including a trade mark or not, as are reasonably calculated to lead persons to believe that the goods are the manufacture or merchandise of some person other than the per- son whose manufacture or merchandise they really are.

(3) The provisions of this Ordinance respecting the application 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 purposes 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 business in connexion with goods of the same description, and not having authorised the use of such name or initials; and

(c) are either of a fictitious person or of some person not bona fide carrying on business in connection with such goods.

3.-(1) Every person who-

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(a) forges any trade mark; or

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Offences as to trade marks and trade

(b) falsely applies to goods any trade mark or any mark so nearly descriptions. resembling a trade mark as to be calculated to deceive; or

(c) makes any die, block, machine, or other instrument for the purpose of forging, or of being used for forging, a trade mark; or

(d) applies any falso trade description to goods; or

(e) disposes of or has in his possession any die, block, machine, or other instrument for the purpose of forging a trade mark; or

(f) causes any of the things above in this section mentioned to be done,

As amended by No. 30 of 1911, No. 1 of 1912 and No. 8 of 1912.

[50 & 51 Vict. c. 28 s. 2.]