1950_MERCHANDISE_MARKS_ORDINANCE — Page 1

Merchandise Marks.

[CAP. 41

CHAPTER 41.

MERCHANDISE MARKS.

To amend the law relating to fraudulent marks

merchandise.

[1st January, 1891.]

On Originally

15 of 1890. Fraser

4 of 1890.

8 of 1938.

22 of 1950.

1. This Ordinance may be cited as the Merchandise Short title. Marks Ordinance.

Interpretation.

&

c. s. 3.

2. (1) In this Ordinance- "false trade description" means a trade description which 5028, 51 Vict.

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; "goods" means anything which is the subject of trade,

manufacture, or merchandise;

"name" includes any abbreviation of a name;

"person", "manufacturer", "dealer", or "trader", and "proprietor", include any body of persons, corporate or unincorporate;

"trade description" means any description, statement, or

other indication, direct or indirect-

(a) as to the number, quantity, measure, gauge, or

weight of any goods; or

(b) as to the factory, premises, place or country in which 8 of 1938, s. 2.

any goods were made or produced; or

(c) as to the mode of manufacturing or producing any

goods; or

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

or

(e) as to any goods being the subject of an existing

patent, privilege, or copyright,

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

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