562
Implied
warranty on
sale of marked goods. 50 & 51 Vict.
No. 4 of 1890.
MERCHANDISE MARKS.
given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence;
(4) where there is on any goods a name which is identical with or a colourable imitation of the name of a place in the United Kingdom, that name, unless accompanied by the name of the country in which such place is situate, shall be treated for the purposes of this section as if it were the name of a place in the United Kingdom;
(5) the regulations may apply to all goods the importation of which is prohibited by this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods;
(6) the regulations may provide for the informant reimbursing the Superintendent of Imports and Exports all expenses and damages incurred in respect of any detention made on his information, and any proceedings consequent on such detention.
15. On the sale or in the contract for the sale of any goods to which a trade mark or mark or trade description has been applied, the vendor shall be deemed to warrant that the mark is a genuine trade mark and not forged or falsely applied, or that the trade description is not a false trade description within the meaning of this Ordinance, unless the contrary is expressed in some writing signed by or on behalf of the vendor and delivered at the time of the sale or contract to and accepted by the vendee.
Provisions of
as to false description
in certain
cases.
c. 28, s. 18.
16. Where, at the commencement of this Ordinance, a trade description is lawfully and generally applied to goods of a particular class, or manufactured by a particular method, to indicate the particular class or method of manufacture of such goods, the provisions of this Ordinance with respect to false descriptions shall not apply to such trade description when so applied: Provided that where such trade description includes the name of a place or country, and is calculated to mislead as to the place or country where the goods to which it is applied were actually made or produced, and the goods are not actually made or produced in that place or country, this section shall not apply unless there is added to the trade description, immediately before or after the name of that place or country, in an equally conspicuous manner with that name, the name of the place or country in which the goods are made or produced.
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562
Implied
warranty on
sale of marked goods. 50 & 51 Vict.
No. 4 of 1890.
MERCHANDISE MARKS.
given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence ;
(4) where there is on any goods a name which is identical with or a colourable imitation of the name of a place in the United Kingdom, that name, unless accompanied by the name of the country in which such place is situate, shall be. treated for the purposes of this section as if it were the name of a place in the United Kingdom;
(5) the regulations may apply to all goods the importation of which is prohibited by this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods;
(6) the regulations may provide for the informant re- imbursing the Superintendent of Imports and Exports all expenses and damages incurred in respect of any detention made on his information, and any proceedings consequent on such detention.
.
15. On the sale or in the contract for the sale of any goods to which a trade mark or mark or trade description has been applied, the vendor shall be deemed to warrant that the mark is a genuine trade mark and not forged or falsely c. 28, s. 17. applied, or that the trade description is not a false trade description within the meaning of this Ordinance, unless the contrary is expressed in some writing signed by or on behalf of the vendor and delivered at the time of the sale or contract to and accepted by the vendee.
Provisions of
s to false description
in certain
cases.
c. 28, s. 18.
16. Where, at the commencement of this Ordinance, a the Ordinance trade description is lawfully and generally applied to goods of a particular class, or manufactured by a particular method, to indicate the particular class or method of manufacture of such goods, the provisions of this Ordinance with respect to 50 & 51 Vict. false descriptions shall not apply to such trade description. when so applied: Provided that where such trade description includes the name of a place or country, and is calculated to mislead as to the place or country where the goods to which it is applied were actually made or produced, and the goods are not actually made or produced in that place or country, this section shall not apply unless there is added to the trade description, immediately before or after the name of that place or country, in an equally conspicuous manner with that name, the name of the place or country in which the goods
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