1964_TRADE_DESCRIPTIONS_ORDINANCE — Page 10

1987 Ed.]

Trade Descriptions

[CAP. 362

9

(3) In determining for the purposes of this section whether any goods are of a class to which a trade description used in an advertisement relates, regard shall be had not only to the form and content of the advertisement but also to the time, place, manner and frequency of its publication and all other matters making it likely or unlikely that a person to whom the goods are supplied would think of the goods as belonging to the class in relation to which the trade description is used in the advertisement.

9. (1) Subject to the provisions of this Ordinance, any person who

(a) forges any trade mark;

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

(c) makes any die, block, machine or other instrument for the purpose of forging, or of being used for forging, a trade mark;

(d) disposes of or has in his possession any die, block, machine or other instrument for the purpose of forging a trade mark; or

(e) causes to be done anything referred to in paragraph (a),

(b), (c) or (d),

commits an offence unless he proves that he acted without intent to defraud.

(2) Subject to the provisions of this Ordinance, any person who sells or exposes or has in his possession for sale or for any purpose of trade or manufacture, any goods to which any forged trade mark is applied, or to which any trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied, commits an offence.

(3) For the purposes of this section, a person shall be deemed-

(a) to forge a trade mark who either-

(i) without the assent of the proprietor of the trade mark, makes that trade mark or a mark so nearly resem- bling that trade mark as to be calculated to deceive; or

(ii) falsifies any genuine trade mark, whether by altera- tion, addition, effacement or otherwise;

(b) falsely to apply to goods a trade mark who without the assent of the proprietor of that trade mark applies that trade mark to goods, (Amended, L.N. 346/82)

unless he proves that he acted without infringing the right of the proprietor of the trade mark conferred by section 27 of the Trade Marks Ordinance, and "forged trade mark” shall be construed accordingly.

Offences in respect of trade marks.

(Cap. 43.)

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