the-ordinances-of-the-legislative-counci-1890 — Page 598

562 ORDINANCE No. 8 OF 1863.


Fraudulent Marking of Merchandise.


with intent procure to be applied , any trade mark or any forged or counterfeited trade
to defraud, a
misdemeanor .
mark to any chattel or article not being the manufacture, workmanship,
production, or merchandise of any person denoted or intended to be
denoted by such trade mark, or denoted or intended to be denoted by
such forged or counterfeited trade mark, or not being the manufacture,
workmanship, production, or merchandise of any person whose trade
mark shall be so forged or counterfeited , or shall apply, or cause or
procure to be applied , any trade mark or any forged or counterfeited trade
mark to any chattel or article, not being the particular or peculiar descrip
tion of manufacture , workmanship, production , or merchandise denoted
or intended to be denoted by such trade mark, or by such forged or
counterfeited trade mark, shall be guilty of a misdemeanor , and every
person so committing a misdemeanor shall also forfeit to Her Majesty
every chattel and article belonging to such person to which he shall have
so unlawfully applied , or caused or procured to be applied , any such trade
mark or forged or counterfeited trade mark as aforesaid, and every

instrument in the possession or power of such person, and by means of
which any such trade mark, or forged
or counterfeited trade mark as
aforesaid, shall have been so applied, and every instrument in the possession
or power of such person for applying any such trade mark or forged or

counterfeited trade mark as aforesaid , shall be forfeited to Her Majesty ;
and the Court before which any such misdemeanor shall be tried may
order such forfeited articles as aforesaid to be destroyed or otherwise
disposed of as such Court shall think fit.

Applying a 3. Every person who , with intent to defraud , or to enable another
forged trade
mark to any to defraud, any person, shall apply or cause or procure to be applied any
vessel , case ,
wrapper, &c., trade mark or any forged or counterfeited trade mark to any cask , bottle,
in or with
which any stopper, vessel, case, cover, wrapper, band , reel , ticket, label, or other thing
article is sold
or intended in, on , or with which any chattel or article shall be intended to be sold
to be sold, a
misdemeanor. or shall be sold or uttered or exposed for sale, or intended for any purpose

of trade or manufacture, or shall enclose or place any chattel or article,
or cause or procure any chattel or article to be enclosed or placed , in , upon ,
under, or with any cask, bottle , stopper, vessel, case , cover, wrapper,
band, reel , ticket , label , or other thing to which any trade mark shall

have been falsely applied, or to which any forged or counterfeited trade
mark shall have been applied , or shall apply or attach or cause or procure
to be applied or attached to any chattel or article any case, cover, reel ,
ticket, label , or other thing to which any trade mark shall have been