MERCHANDISE MARKS.
No. 4 of 1890.
329
(3) The provisions of this Ordinance respecting the application 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 enactment "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 connexion with goods of the same description, and not having authorized the use of such name or initials; and
(c) are either of a fictitious person or of some person not bonâ fide carrying on business in connexion with such goods.
3.-(1) Every person who-
(a) forges any trade mark; or
Offences as to trade marks and trade descriptions.
50 & 51 Vict. c. 28, s. 2.
(b) falsely applies to goods any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive; or
(c) makes any die, block, machine, or other instrument for the purpose of forging, or of being used for forging, a trade mark; or
(d) applies any false trade description to goods; or
(e) disposes of or has in his possession any die, block, machine, or other instrument for the purpose of forging a trade mark; or
(f) causes any of the things above in this section mentioned to be done,
shall, subject to the provisions of this Ordinance and unless he proves that he acted without intent to defraud, be guilty of an offence.
(2) Every person who sells, or exposes for, or has in his possession for, sale or any purpose of trade or manufacture,
* As amended by No. 2 of 1934 [29.3.34] and Law Rev. Ord., 1937.
*
MERCHANDISE MARKS.
No. 4 of 1890.
329
(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 or initials were a applied, in like manner as if such name trade description, and for the purposes of this enactment "false name
or initials means, as applied to any goods, any name or initials of a person which-
17
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(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 connexion with goods of the same description, and not having authorized the use of such name or initials; and
(c) are either of a fictitious person or of some person not bonâ fide carrying on business in connexion with such goods.
3.-(1) Every person who-
(a) forges any trade mark; or
Offences as to trade marks and trade
50 & 51 Vict.
(b) falsely applies to goods any trade mark or any mark descriptions. so nearly resembling a trade mark as to be calculated to c. 28, s. 2. deceive; or
(c) makes any die, block, machine, or other instrument for the purpose of forging, or of being used for forging, a trade mark; or
(d) applies any false trade description to goods; or
(e) disposes of or has in his possession any die, block, machine, or other instrument for the purpose of forging a trade mark; or
(f) causes any of the things above in this section mentioned to be done,
shall, subject to the provisions of this Ordinance and unless he proves that he acted without intent to defraud, be guilty of an offence.
(2) Every person who sells, or exposes for, or has in his possession for, sale or any purpose of trade or manufacture,
* As amended by No. 2 of 1934 [29.3.34] and Law Rev. Ord., 1937.
*
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