the-ordinances-of-the-legislative-counci-1890v2 — Page 715

MERCHANDISE MARKS . [ 15 of 1890. ] 1305

Regulations made by the Governor in Council under section 14, the 13th
day of July , 1891. ( Gazette 1st August,, 1891.)

Whereas by the Merchandize Marks Ordinance No. 15 of 1890, (herein
after called " the Ordinance ,” )
After various provisions against the sale, or exposure for sale, or posses
sion for sale, trate, or manufacture, of goods with forged trade
marks or false fraude descriptions, or trade marks falsely applieil to
them ;
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And after defining, ( amongst other things ), the expression “ trade mark "
in manner therein set forth , witli reference to “ The Patents, Designs
and Trade Marks Acts, 1883 to 1883 ," and the law of indicated
British possessious and Foreign States ;
And after defining the expression “ trade description " as any description,
statement or other indication, direct or indirect, as to mumber,
quantity, measure , gange, or weight of goods, as to place or country
in which any goods were made or produced, as to the mode of
manufacturing or producing any goods, or as to the material of
which any goods are composed, or as to any goods being the subject
of any existing patent, privilege or copyright;
And after defining the expressions “ false tradedescription,” and “ goods, "
“ apply,” and “ falsely apply ; ”
It is providel by section 14 that,
(i . ) All such goods as above mentioned , and
(ii . ) All goods of foreign manufacture, bearing any name or
trade mark, being or purporting to be, the name or traile
mark of any manufacturer, dealer, or trader, in the
United Kingdom , unless such name or mark be accom
panied by definite indication of the comiry in which
such goods were made or produced ,
shall be prohibited to be imported, and, may be destroyed or other
wise disposed of as the Superintendent of Imports and Exports
(hereinafter called the Superintendent) may direct.
And whereas by section 16 of the ordinance after authorizing the con
tinued use of trade descriptions lawfully and generally applied to
goods of the particular class,or manufactured by a particularmethod ,
to indicate such class or method, it is provided that, where such
trade description includes the name of a place or country calculateil
to mislead as to where the goods were actually madle or produced,
such goods not having been actually made or produced there, the
said reciting section should not apply, (and, consequently, goods
so marked would be prohibited ), unless there be added to the trade
description, immediately before or after the name of the place or
country, in an equally conspicuous manner with that name, the name
of the place or country in which the goods were actually made or
pro luced , with a statement that they were made or produced there.
Anl whereas it is also provided, by the said section 14 that the Governor
in Council may , from time to time, make, revoke and vary regulations,
either general or special, respecting the detention and forfeiture of
goods the importation of wbich is prohibited as hereinbefore men
tioned, and the conditions, if any, to be fulfilled before such detention
and forfeiture, and m.zy by such regulations determine the iuforma