SECTION CHAPTER 154. Of Trade Marks and the Registration thereof. SECTION 16. Where trade description applied to goods of particular class. 17. This chapter not to exempt from oth suit or proceeding. 18.-False representation as to royal warrant, or service Penalty. 19-Register of trade marks. 20, 21, 22.-Essentials of trade marks for registration. 23. Rules and regulations to be made by Colonial Secretary. 24. Essentials of application for registration. 25.-Fees on registration. 26. Colonial Secretary may object to register 27.-On compliance with requirements of chap- 29.-Trade marks assignable. 30.-Fraudulent use of trade mark. Penalty. 31.-Action for infringement. (a) Forges any trade mark; or (b) Falely 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 instrument for the purpose of forging, or of being used for forging, a trade mark; or (d) Applies any false trade description to goods; or (e) Disposes or has in his possession, any die, block, machine, or other instrument for the purpose of forging a trade mark; or (f) Causes any of the things above in this section mentioned to be done, shall, subject to the provisions of this Chapter, and unless he proves that he acted without intent to defraud, be guilty (2) Every person who sells, or exposes for sale, or has in his possession for sale, or for any purpose of trade or manufacture, any goods or things to which any forged trade mark or false trade description, is applied, or to which any trade mark, or mark so nearly resembling a trade mark as to be calculated to deceive, is falsely applied, as the case may be, shall be guilty of an offence against this Chapter, unless he proves (a) That having taken all reasonable precautions against committing an offence against this Chapter, he had at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark, mark, or trade description; and (b) That on demand made by or on behalf of the prosecutor, he gave all information in his power with respect to the persens fiem whom he obtained such goods or things; or (c) That otherwise he had acted innocently. (3) Every person guilty of an offence against this Chapter shall be liable (a) On conviction. on indictment, to imprisonment, with or without hard labour, for a term not exceeding two years, or to fine, or to both imprisonment and fine; and (b) On summary conviction, to imprisonment, with or without hard labour, for a term not exceeding four months, or to a fine not exceeding one hundred dollars; and in the case of a second or subsequent conviction, to imprisonment, with or without hard labour, for a term not exceeding six months, or to a fine not exceeding two hundred dollars, and (c) In any case, to forfeit to His Majesty every chattel, article, instrument, or thing, by means of or in relation to which the offence has been committed. (d) The Court before which any person is convicted under this section may order any forfeited articles to be destroyed, or otherwise disposed of, as the Court thinks fit. (e) If any person feels aggrieved by any conviction made by a Court of summary jurisdiction, he may appeal therefrom (f) Any offence for which a person is, under this Chapter, liable to punishment, on summary conviction, may be prosecuted, and any articles liable to be forfeited under this Chapter by a Court of summary jurisdiction, may be forfeited: Provided that a person charged before a Court of summary jurisdiction with an offence under this section, shall, on appearing before the Court, and before the charge is gone into, be informed of his right to be tried on indictment, and if he requires, be tried accordingly. 2. (1) For the purpose of this Chapter The expression "trade mark" means a trade mark registered in the register of trade marks kept under the provisions of this Chapter and includes any trade mark which, either with or without registration, is protected by law in any British possession or foreign state, to which the provisions of the one hundred and third section of the Imperial "Patents, Designs and Trade Marks' Act, 1883," or of the ninety-first section of the Imperial "Patents and Designs Act, 1907," are under order in Council for the time being applicable. The expression "trade description" means any description, statement 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 producing 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, 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 description within the meaning of this Chapter. The expression "false trade description," means a trade description 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 otherwise, 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 Chapter. The expression "goods," means anything which is the subject of trade, manufacture, or merchandise; The expressions "person," "manufacturer," "dealer," or "trader," and "proprietor," include any body of persons whether corporate or not; The expression "name," includes any abbreviation of a name. (2) The provisions of this Chapter, 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 Chapter, respecting the application 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 description, and for the purpose of this enactment the expres:n 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 (b) 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 authorized the use of such name or initials; and (c) Are either those of a fictitious person or of some person not bona fide carrying on business in connection with such 3. A person shall be deemed to forge a trade mark who either(1) Without the assent of the proprietor of the trade mark, makes that trade mark, or a mark so nearly resembling that trade mark, as to be calculated to deceive; or (2) Falsifies any genuine trade mark, whether by alteration, addition, effacement, or otherwise; and any trade mark or marks so made or falsified, is in this Chapter referred to as a forged 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. 4. (1) A person shall be deemed to apply a trade mark, or mark or trade description to goods, who (a) Applies it to the goods themselves; or (b) Applies it to any covering, label, reel, or other thing in or with which the goods are sold, or exposed, or had in possession for any purpose of sale, trade or manufacture; or (c) Places, encloses, or annexes any goods which are sold, 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 a trade mark or trade description has been applied; or (d) Uses a trade mark, or mark, or trade description in any manner calculated to lead to the belief that the goods in connection with which it is used are designated or described by that trade mark or trade description. (2) The expression "covering" includes any stopper, cask, bottle, vessel, box, 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 deemed 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 person shall be deemed to falsely apply to goods a trade mark or marks, who, without the assent of the proprietor of a |