MERCHANDISE MARKS.
No. 4 of 1890.
557
(c) in any case, to forfeit every chattel, article, instrument, or thing by means of or in relation to which the offence has been committed.
(4) The court or magistrate before which or whom any person is convicted under this section may order any forfeited articles to be destroyed or otherwise disposed of as the court or magistrate thinks fit.
(5) A person charged with an offence under this section before a magistrate shall, on appearing before such magistrate and before the charge is gone into, be informed of his right to be tried 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
Forging either
trade mark. 50 & 51 Vict.
(1) without the assent of the proprietor of the trade mark,
c. 28, s. 4.
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.
5 (1) A person shall be deemed to apply a trade mark
Applying or
mark or description. 50 & 51 Vict. c. 28, s. 5.
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.
* As amended by Law Rev. Ord., 1923.
*
MERCHANDISE MARKS.
No. 4 of 1890.
557
(c) in any case, to forfeit every chattel, article, instrument, or thing by means of or in relation to which the offence has been committed.
(4) The court or magistrate before which or whom any person is convicted under this section may order any forfeited articles to be destroyed or otherwise disposed of as the court or magistrate thinks fit..
(5) A person charged with an offence under this section before a magistrate shall, on appearing before such magis- trate and before the charge is gone into, be informed of his right to be tried 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 Forging either
trade mark. 50 & 51 Vict.
(1) without the assent of the proprietor of the trade mark, c. 28, s. 4. 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.
5 (1) A person shall be deemed to apply a trade mark Applying 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.
* As amended by Law Rev. Ord., 1923.
mark or description. 50 & 51 Vict. c. 28, s. 5.
*
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