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17. (1) This Chapter shall not exempt any person from any
action, suit, or other proceeding which might, but for the
provisions of this Chapter, be brought against him. (2) Nothing in this Chapter shall entitle any person to refuse to
make a complete discovery, or to answer any question or interrogatory in any action, but such discovery or answer shall not be admissible in evidence against such person in
any prosecution for an offence against this Chapter. (3) Nothing in this Chapter shall be construed so as to render liable
to any prosecution or punishment any servant of a master resident in Newfoundland, who bona fide acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to his master.
18. Any person who falsely represents that any goods are made by a person holding a royal warrant, or for the service of His Majesty, or any of the royal family, or any government department, shall be liable, on summary conviction, to a penalty not exceeding one hundred dollars.
19. A register of trade marks shall be kept at the office of the Colonial Secretary, in which any proprietor of a trade mark may have the same registered on complying with the provisions of this Chapter.
(1) For the purposes of this Chapter, a trade mark must con
sist of or contain at least one of the following essential particulars:
(a) A name of an individual or firm printed, impresse:l, or
woven in some particular and distinctive manner; or (6) A written signature or copy of a written signature of the
individual or firm applying for registration thereof as a
trade mark; or (c) A distinctive device, mark, brand, heading, label or ticket;
(d) An invented word or invented words; or
quality of the goods, and not being a geographical name.
(2) There may be added to any one or more of the essential partici
lars mentioned in this section, any letters, words or figures, or any of them; but the applicant for registration of any such additional matter must state in his application the essential particulars of the trade mark, and must disclaim in his application any right to the exclusive use of the added matter, and a copy of the statement and disclaimer shall be entered on the register.
(3) Provided as follows:
(a) A person need not under this section disclaim his own
name or the foreign equivalent thereof, or his place of business; but no entry of any such name shall affect the right of any owner of the same name to use that name or the foreign equivalent thereof;
(6) Any special and distinctive word or words, letter, figure or
combination of letters or figures, or of letters and figures used as a trade mark before the coming into force of these ('onsolidated Statutes, may be registered as a trade mark under this Chapter.
21. A trade mark must be registered for particular goods or classes of goods.
22. A trade mark may be registered in any colour or colours, and such registration shall (subject to the provisions of this Chapter) confer on the registered owner the exclusive right to use the same in that or any other colour or colours.
23. The Colonial Secretary, subject to the approval of the Governor in Council, may make rules and regulations, and adopt forms for the purposes of this Chapter as respects trade marks, and all documents executed according to the same, and accepted by the Colonial Secretary, shall le deemed to be valid so far as relates to official proceedings under this Chapter.
24. The proprietor of a trade mark may have it registered on forwarding to the Colonial Secretary, together with the fee hereinafter mentioned, a drawing and description in duplicate of such trade mark, and a declaration that the same was not in use to his knowledge by any other person than himself at the time of his adoption thereof.
(1) Before any action is taken in relation to an application for registering a trade mark, the following fees shall be paid to the Colonial Secretary, that is to say
On every application to register a trade mark, including
For the recording of an assignment
Such fees to be paid by the Colonial Secretary to the Minister of Finance and Customs for the use of the Colony.
(2) If the Colonial Secretary refuses to register the trade mark for
which application is made, the fee shall be returned to the applicant or his agent, less five dollars, which shall be retained as compensation for office expenses.
26. The Colonial Secretary may object to register any trade mark in the following cases :
(1) If the trade mark proposed for registration is identical with or
resembles a trade mark already registered.
(2) If it appears that the trade mark is calculated to deceive or mis
lead the public.
(3) If the trade mark contains any immorality or scandalous figure.
(4) If the so-called trade mark does not contain the essentials neces
sary to constitute a trade mark properly speaking.
27. On compliance with the requirements of this Chapter, and of the rules hereinbefore provided for, the Colonial Secretary shall register the trade mark of the proprietor so applying, and shall return to the said
one copy of the drawing and description with a certificate, signed by the Colonial Secretary, to the effect that the said trade mark has been duly registered in accordance with the provisions of this Chapter; and the day, month and year of the entry of the trade mark in the register shall also be set forth in such certificate ; and every such certificate purporting to be so signed shall be received in all courts in Newfound
prima facie evidence of the fact therein alleged without proof of
28. A trade mark once registered and destined to be the sign in trade of the proprietor thereof, shall endure without limitation.
29. Every trade mark duly registered shall be assignable in law, and on the assignment being produced, and the fee hereinbefore prescribed being paid, the Colonial Secretary shall cause the name of the assignee, with the date of the assignment and such other details as he shall see fit, to be entered on the margin of the register of trade marks, on the folio where such trade mark is registered.
30. Every person other than the person who has registered the trade mark, who marks any goods, or any article of any description whatsoever, with any trade mark registered under the provisions of this Chapter, or with any part of such trade mark, whether by applying such trade mark, or any part thereof, to the article itself or to any package or thing containing such article, or by using any package or thing so marked which has been used by the proprietor of such trade mark, or who knowingly sells or offers for sale any article marked with such trade mark, or with any part thereof, with the intent to deceive and to induce any person to believe that such article was manufactured, produced, compounded, packed or sold by the proprietor of such trade mark, is guilty of a misdemeanor and liable for each offence to a fine not exceeding one hundred dollars and not less than twenty dollars, which fine shall be paid to the proprietor of such trade mark, together with the costs incurred in enforcing and recovering the same. (1) Every complaint under this section shall be made by the pro
prietor of such trade mark, or by some one acting on his behalf and thereunto duly authorized.
31. An action or suit may be maintained by any proprietor of a trade mark, which has been registered in pursuance of this Chapter, against any person who uses his registered trade mark, or any fraudulent imitation thereof, or who sells any article bearing such trade mark or any such imitation thereof, or contained in any package, being or purporting to be his, contrary to the provisions of this Chapter.
Any Justice of the Peace, Sub-Collector, Preventive Officer, Fishery Warden, or Constable, may go on board any foreign fishing vessel being within any port on the coasts of this Colony, or hovering in British waters within three marine miles of any of the coasts, bays, creeks, or harbours in this Colony, and may bring such foreign fishing vessel into port, may search her cargo, and may examine the master upon oath touching the cargo and voyage, and the master or person in command shall answer truly such questions as shall be put to him, under a penalty not exceeding five hundred dollars.
2. If any foreign fishing vessel be found within any port on the coasts of this Colony or hovering in British waters within three marine miles of any of the coasts, bays, creeks, or harbours of this Colony; or having on board any herring, caplin, squid, or other bait fishes, ice, lines, seines, or other outfits or supplies for the fishery, purchased within any port on the coasts of this Colony or within the distance of three marine miles from any of the coasts, bays, creeks, or harbours of this Colony; or if the master, owner or agent of the said vessel shall have engaged, or attempted to engage, any person to form part of the crew of the said vessel in any port, or on any part of the coasts of this Colony, or has entered such waters for any purpose not permitted by treaty or convention for the time being in force, the master, owner or agent shall be liable to a penalty