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Definitions.
46 & 47 Vict. c. 57.
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3.—(1) For the purposes of this Act—
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The expression “trade mark” means a trade mark registered in the register of trade marks kept under the [1]
Patents, Designs, and Trade Marks Act, 1883, 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 [2]
one hundred and third section of the Patents, Designs, and Trade Marks Act, 1883, are, under Order in Council, for the time being applicable:
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The expression “trade description” means any description, statement, or other indication, direct or indirect,
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(a) as to the number, quantity, measure, gauge, or weight of any goods, or,
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(b) as to the place or country in which any goods were made or produced, or
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(c) as to the mode of manufacturing or producing any goods, or
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(d) as to the material of which any goods are composed, or
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(e) as to any goods being the subject of an existing patent, privilege, or copyright,
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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 Act:
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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 Act:
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The expression “goods” means anything which is the subject of trade, manufacture, or merchandise:
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The expressions “person,” “manufacturer, dealer, or trader,” and “proprietor” include any body of persons corporate or unincorporate:
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The expression “name” includes any abbreviation of a name.
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(2) The provisions of this Act 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.
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(3) The provisions of this Act 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 expression false name or initials means as applied to any goods, any name or initials of a person which—
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(a) are not a trade mark, or part of a trade mark, and
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(b) are identical with, or a colourable imitation of the name or initials of a person carrying on business in connexion with goods of the same description, and not having authorised the use of such name or initials, and
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(c) are either those of a fictitious person or of some person not bonâ fide carrying on business in connexion with such goods.
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[1 The provisions as to trade marks of this Act are rep. by 5 Edw. 7, c. 15, s. 73, see that Act.]
[2 This section is rep. by 7 Edw. 7, c. 29, s. 98, see now s. 91 of that Act.] |
