the-ordinances-of-the-legislative-counci-1890v2 — Page 709

MERCHANDISE MARKS. [ 15 OF 1890.] 1299


4. A person shall be deemed to forge a trade mark who either marks
Forging. traile
fa .) without the assent of the proprietor of the trade mark [ Ibid. s. 4.]
makes that trade mark or a mark so nearly resem
bling that trade mark as to be calculated to
deceive ; or
( 6. ) falsities any genuine trade mark, whether by altera
tion , addition, effacement, or otherwise ;
and any trade mark or mark so made or falsified is in this ordi
nance referred to as a fvryed trade mark :
Provided that in any prosecution for forging a trade mark
the burden of proving the assent of the proprietor shall lie on
the defendant.
5. ( 1. ) A person shall be deemed to apply a tra : le mark or marks
Applying
and
mark or trade description to goods who descriptions
[ Ibid. s. 5. )
( a .) applies it to the goods themselves; or
( 6. ) applies it to any covering, label, reel, or other thing
in or with which the goods are sold or exposel or
had in possession for any purpose of sale, travle, or
manufacture ; or
( c ) places, encloses, or annexes any goods which are sold
1 or exposed or had in possession for any purpose of
sale, trade, or manufacture, in , with, or to any
covering, label, reel, or other thing to which aa trade
mark or trade description has been applied ; or
(d ) Ilses a tra le mark or mark or trade description in
any manner calenlated to lead to the belief that the
goo:ls in connexion with which it is used are de
signated or described by that trade mark or mark
or trade description .
( 2. ) The expression " covering ” includes any stopper, cask,
bottle, vessel , bos, cover, capsule, case, frame, or wrapper ; and
the expression “" label" includes any band or ticket.
A trade mark, or mark, or trade description, shall be deerned
to be applied whether it is woven , impressed, or otherwise
worked into, or annexed , or affixed to the goods, or to any
covering, label, reel, or other thing.
(3. ) A jierson shall be deemed to falsely apply to goods a
trade mark or mark, who without the assent of the proprietor
of a trade mark, applies such trade mark or a mark so nearly
resembling it as to be calculated to deceive, but in any prose
cution for falsely applying a trade mark or inurk to goods the
burden of proving the assent of the proprietor shall lie on the
defendant.