2
Cap. 394
No. ' 20
Merohandise Marks
, 1963
"forged trade mark" ha. til. meaning assigned to it by section 4;
"goods" means anything whiehia the' subject of trade. manufacture or
merchandise;
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"inspector" means any pcJ'6OJll
,' ",p.ppom
, ' • ted by the , Minister to be an
inspector for the purposeS oftliis Act;
"label" includes any band or ticket;
"Minister" means the Minister ~or the time being responsible for matters
of commerce;
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"name" includes any abbreviation of a name;
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, Utrade description" means any description. statement. or other indica
tion. direct or indireot
(a) as to the number. quantity. measure. gauge or weight of any
goods; or
(b) as to the standard of quality of any goods. according to a
classification commonly used or recognized in the trade; or
(c) as to the fitness for purpose; strength. performance or behaviour
, , of any goods; or
(d) , as to the place or country in which any aood~ W.cJ'o made or
, produced; or
,
(e) as to the mode of manufacturing or producing any goods; or
(f) as to the ,material of which any goods are composed; or
(g) as to any goods being the &ul>ject of an e~tini pa~t. privilege
or copyright;
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ansi 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 Act;
"trade mark" has the meaning assigned thereto in the Trade Marks
Ordinance.
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(2) Without prejudice to the generality of the definitions contained '
subsection (1). a trade description (to WhichtNM of the matters
mentionM in the delinition <>t "'trade def.icdptiQp" it1'01ates) $baU be
deemed for the purposes of this Act: 'to be a fal$" trade description if it
~ likely to be m.i~understm>d al>~ ot mistl\~ fOr. an jndication as to .the
same or some other such matter which wOllld befjlse,or misleading lri a
material respect as regards the goods to which the,description is applied.
and ~ything likely to be, misunderstMdas. 'MJitistaken for. an indica
tionof any of those ma,ttersshall be dtJemedifor tbOfiepurposes 'to be a
trade description.
(3) The customs entry relating 't o ' :intportedfoods shall• .for the
purposes of this Act. be deemed to be atradedescriptiori ' applied to
those goods.
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PART 11
in
FORGERY AND DECEPTIVE ApPLICATIoN" OF 'JlrU.DE MARKS. ETC.
Forging or
falsely
applymga
trade mark
or description
an offence
$. Every person who-,.,-.
(JI.) forges an.y trade mark; .Qr
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(b) falsely applies to gl'Ods any tmde :..~d~ or any mark,p ,nearly
rl!Sembling a uade m$"k I$to,'" ' lik~y 'w deceive; 01"
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(c) 1l1aikesuny die. black. mt.CIhine. Or ~ instrument,:for th~
purpose of forging~orofbeinguud fotforgiDg. a ttaido 'mar1t;or