the-ordinances-of-the-legislative-counci-1890v2 — Page 708

1298 [ 15 of 1890.) MERCHANDISE MARKS.


and the use of any figure, worl, 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 des
cription within the meaning of ibis ordinance.
The expression - false trade description " means a trade des
cription which 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 other
wise, 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 ordinarice.
The expression " goods ” means anything which is the sub
jeet of trade, manufacture, or merchandise.
The expression “ person. " manufacturer ," dealer ," or
" trader ” and “ proprietor ” include any body of persons cor
porate or unincorporate .
The expression “" name" includes any abbreviation of a name.
( 2. ) The provisions of this ordinance respecting the applica
tion of રીa false trade description to goods shall extend to the
application to goods of any such figures, words, or marks, or
arrangement or combination thereof, whether including a trade
mark or not, as are reasonably calculated to lead persons to
believe that the goods are the manufacture or merchandise of
some person other than the person whose manufacture or mer
chaudise they really are.
( 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 applied,
in like manner as if such name or initials were a trade descrip
tion , and for the purpose ofthis enactment the expression “ false
Dame 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
( 6. ) are identical with , or a colourable imitation of the
name or initials of a person carrying on business
in connection with goods of the same description,
and not having authorised the use of such name or
initials, and
( c.) are either those of a fictitious person or of some person
not bonâ fide carrying on business in connection
with such goods.