1923_MERCHANDISE_MARKS_ORDINANCE__1890 — Page 1

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No. 4 of 1890.

MERCHANDISE MARKS.

[Originally No. 15 of 1890.

Law Rev. Ord., 1924.]

Short title..

Interpreta-tion.

50 & 51 Vict. c. 28, s. 3.

No. 4 of 1890.

[1st January, 1891.]

(f) Regist under

An Ordinance to amend the law relating to fraudulent marks on merchandise.

1. This Ordinance may be cited as the Merchandise Marks Ordinance, 1890.

2.-(1). For the purposes of this Ordinance,

(a) "False trade description" means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect; and the fact that a trade description is a trade mark, or part of a trade mark, shall not prevent such trade description being a false trade description within the meaning of this Ordinance.

(b) "Goods" means anything which is the subject of trade, manufacture, or merchandise.

(c) "Name" includes any abbreviation of a name.

(d) "Person", "manufacturer", "dealer", "trader", and "proprietor", include any body of persons, corporate or unincorporate,

(e) "Trade description" means any description, statement, or other indication, direct or indirect,-

(i) as to the number, quantity, measure, gauge, or weight of any goods; or

(ii) as to the place or country in which any goods were made or produced; or

(iii) as to the mode of manufacturing or producing any goods; or

(iv) as to the material of which any goods are composed;

(v) as to any goods being the subject of an existing patent, privilege, or copyright;

* As amended by Law Rev. Ord., 1923.

(2) For the purposes of this Ordinance, a trade description is deemed to be applied to goods if it is applied to the goods themselves, or to any covering, label, or document in which the goods are sold or exposed for sale.

(3) The provisions of this Ordinance relating to false trade descriptions shall apply to any person who, with intent to deceive, applies a false trade description to goods, or supplies or offers to supply goods to which a false trade description is applied.

3. (1) A person shall be deemed to apply a false trade description to goods if he-

(a) forges or counterfeits a trade mark;

(b) falsely represents a trade mark as being a genuine mark, or so nearly resembling a genuine mark as to deceive;