928

Forging or
falsely
applying
trade marks
and trade
descriptions,

Selling goods
to which
false trade
description
applied.

Ch. 31. No. 17.) Merchandise Marks.

 

 

(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 bond fide carrying on business in connection
with such goods.

3. (1) Every person who—
(a) forges any trade mark, or
(b) falsely applies to goods any trade mark or any
mark so nearly resembling a trade mark as to be
calculated to deceive, or
(c) makes any die, block, machine, or other instru-
ment for the purpose of forging, or of being used for
forging, a trade mark, or
(d) applies any false trade description to goods, or
(ce) disposes of or has in his possession any die
block, machine, or other instrument for the purpose o
forging a trade mark, or
(f) causes any of the things in this section mentione:
to be done,
shall, subject to the provisions of this Ordinance, and unles
he proves that he acted without intent to defraud, be guilt
of an offence.

(2) Every person who sells, or exposes for or has in h
possession for sale or any purpose of trade or manufactur
any goods or things to which any forged trade mark or fal:
trade description is applied, or to which any trade mark
mark so nearly resembling a trade mark as to be calculats
to deceive is falsely applied, as the case may be, shall, unlc
he proves —

(a) that having taken all reasonable precautio
against committing an offence against this Ordinan
he had, at the time of the commission of the alleg
offence, no reason to suspect the genuineness of t
trade mark, mark, or trade description, and

(b) that on demand made by or on behalf of
prosecution, he gave all the information in his pov