1923_MERCHANDISE_MARKS_ORDINANCE__1890 — Page 2

MERCHANDISE MARKS.

No. 4 of 1890.

and the use of any figure, word, or mark which, according to the custom of the trade, is commonly taken to be an indica- tion of any of the above matters, shall be deemed to be a trade description within the meaning of this Ordinance:

(f) "Trade mark" means a trade mark registered in the Register of Trade Marks kept under any Ordinance, or kept under or preserved by the Trade Marks Act, 1905, and includes 5 Edw. 7, any trade mark which, either with or without registration, c. 15. is protected by law in any British possession or foreign state to which the provisions of section 91 and the proviso to section 98 (1) of the Patents and Designs Act, 1907, are, 7 Edw: 7, under Order in Council, for the time being applicable.

(2) The provisions of this Ordinance respecting the ap- plication of a false trade description to goods shall extend to the application to goods of any such figures, words, or marks, or arrangement or combination 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 person whose inanufacture or merchandise they really are.

(3) The provisions of this Ordinance respecting the applica- tion 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 enact- ment "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 con- nexion 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 connexion with such goods.

3. (1) Every person who-

c. 29.

(a) forges any trade mark; or

1.

Offences as

to trade marks and trade

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

50 & 51 Vict. c. 28, s. 2.

555