Merchandise Marks. ([Ch. 31. No. 17.

provisions of section 103 of the Patents, Designs, and
Trade Marks Act, 1883, are, under Order in Council,
for the time being applicable;
‘trade description '’ means any description, state-
ment, or other indication, direct or indirect—
(a) as to the number, quantity, measure, gauge,
or weight of any goods; or
(b) as to the place or country in which any goods
were made or produced; or
(c) as to the mode of manufacturing or pro-
ducing any goods; or
(d) as to the material of which any goods are
composed; or
(e) as to any goods being the subject of an
existing patent, privilege, or copyright ;
and the use of any figure, word, or mark which, accord-
ing 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 description within the meaning
of this Ordinance.

(2) The provisions of this Ordinance respecting the
application of a 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 merchandise they really are.

(3) The provisions of this Ordinance respecting the
application of a false trade description to goods, or res-
pecting 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 description; and for the purpose of
this enactment, the expression ‘‘ false name 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

* See now section 91 of the Patents and Designs Acts, 1907-1938.

927

 

*46 & 47
Vict. c. 57.

False name.