the-ordinances-of-the-legislative-counci-1890v2 — Page 706

1296 [ 15 of 1890. ] MERCHANDISE MARKS.

Offences as 2. Every person who
to trade
marks and
trade des.
(a . ) forges any trade mark ; or
criptions.
(50 & 51 , V.
(1. ) falsely applies to goods any trade mark or any mark
C. 28 , s. 2. ] 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 bas 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 against this ordinance.
( 2. ) Every person who sells , or exposes for, or has in his
possession for sale, or any purpose of trade or manufacture, any
goods or things to which any forged trade mark or false trade
description is applied , or to which any trade mark or mark so
nearly resembling a trade mark as to be calculated to deceire is
falsely applied, as the case may be, shall, unless he proves
( a .) that having taken all reasonable precautions against
committing an offence against this ordinance, he
had at the time of the commission of the alleged
offence no reason to suspect the genuineness of the
trade mark, mark , or trade description ; and
( 11. ) that on demand made by or on behalf ofthe prosecutor,
he gave all the information in his power with respect
to the persons from whom he obtained such goods
or things; or
( c.) that otherwise he had acted innocently ;
be guilty of an offence against this ordinance.
( 3.) Every person guilty of an offence against this ordinance
shall be liable
( i .) on conviction before the Supreme Court to imprison
ment, with or without hard labour, for a term not
exceeding two years, or to a fine, or to both impri
sonment and fine ; and
( ii . ) on summary conviction before a Magistrate to impri
sonment, with or without hard labour, for a term
not exceeding four inonths, or to a fine not exceeding