MERCHANDISE MARKS.
No. 4 of 1890.
585
on indictment before the Supreme Court, and, if he requires to be so tried, be committed for trial and be so tried accordingly.
4. A person shall be deemed to forge a trade mark who either,- (1) 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 calculated to deceive; or
(2) 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 lie on the defendant.
Forging trade mark.
[50 & 51 Vict. c. 28 s. 4.]
5.-(1) A person shall be deemed to apply a trade mark or mark or trade description to goods who-
(a) applies it to the 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
(c) places, encloses, or annexes any goods which are sold or exposed or had in possession for any purpose of sale, trade, or manufacture, in, with, or to any covering, label, reel, or other thing to which a trade mark or trade description has been applied; or
(d) uses a trade mark or mark or trade description in any manner calculated to lead to the belief that the goods in connexion with which it is used are designated or described by that trade mark or mark or trade description.
(2) The expression "covering" includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame, or wrapper; and the expression "label" includes any band or ticket.
(3) A trade mark, or mark, or trade description shall be deemed to be applied whether it is woven, impressed, or otherwise worked into, or annexed, or affixed to the goods, or to any covering, label, reel, or other thing.
(4) A person shall be deemed to falsely apply to goods a trade mark or mark who, without the assent of the proprietor of a trade mark, applies such trade mark or a mark so nearly resembling it as to be calculated to deceive, but in any prosecution for falsely applying a trade mark or mark to goods the burden of proving the assent of the proprietor shall lie on the defendant.
mark or description. [ib. s. 5.]
MERCHANDISE MARKS.
No. 4 of 1890.
585
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on indictment before the Supreme Court, and, if he requires to be so tried, be committed for trial and be so tried accordingly.
4. A person shall be deemed to forge a trade mark who either,- (1) 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 calculated to deceive; or
(2) 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 Ordi- nance referred to as a forged trade mark: Provided that, in any pro- secution for forging a trade mark, the burden of proving the assent of the proprietor shall lie on the defendant.
Forging trade mark.
[50 & 51 Vict.
c. 28 s. 4.]
5.-(1) A person shall be deemed to apply a trade mark or mark Applying or trade description to goods who-
(a) applies it to the 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
(c) places, encloses, or annexes any goods which are sold or ex- posed or had in possession for any purpose of sale, trade, or manu- facture, in, with, or to any covering, label, reel, or other thing to which a trade mark or trade description has been applied; or
(d) uses a trade mark or mark or trade description in any manner calculated to lead to the belief that the goods in connexion with which it is used are designated or described by that trade mark or mark or trade description.
(2) The expression covering" includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame, or wrapper; and the expression "label" includes any band or ticket.
(3) A trade mark, or mark, or trade description shall be deemed to be applied whether it is woven, impressed, or otherwise worked into, or annexed, or affixed to the goods, or to any covering, label, reel, or other thing.
(4) A person shall be deemed to falsely apply to goods a trade 'mark or mark who, without the assent of the proprietor of a trade mark, applies such trade mark or a mark so nearly resembling it as to be calculated to deceive, but in any prosecution for falsely applying a trade mark or mark to goods the burden of proving the assent of the proprietor shall lie on the defendant,
mark or description. [ib. s. 5.]
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