to false name. writings, letters, circulars or written or printed matters concerning the offering for sale, loan, gift, distribution or exchange of counterfeit tokens of value, uses any fictitious, false or assumed name or address, or name or address other than his Receiving let own right, proper and lawful name, and every one who, in ters addressed the executing, operating, promoting, carrying on, aiding, assisting or abetting in the execution, promoting or carrying on of any scheme or device, offering for sale, loan, gift or distribution, or purporting to offer for sale, loan, gift or distribution, or giving or purporting to give information, directly or indirectly, where, how, of whom or by what means any counterfeit token of value may be obtained or had, knowingly receives or takes from the mails, or from the post office, any letter or Punishment. package addressed to any such fictitious, false or assumed name or address, or name other than his own right, proper or lawful name, is guilty of felony and liable to five years' imprisonment. evidence. What shall be 4. Any letter, circular, writing or paper offering or purporting to offer for sale, loan, gift or distribution, or giving or purporting to give information, directly or indirectly, where, how, of whom or by what means any counterfeit token of value may be obtained or had, or concerning any similar scheme or device to defraud the public, shall be prima facie evidence of the fraudulent character of such scheme or device. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAPTER 41. An Act to amend the law relating to fraudulent marks on Merchandise. [Assented to 22nd May, 1888.] HER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as Interpretation. 2. In this Act, unless the context otherwise requires,(a.) The expression "trade mark" means a trade mark or Trade industrial design registered in accordance with " The Trade "mark." Mark and Design Act" and the registration whereof is in force under the provisions of the said Act, 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 section one hundred and three of the Act of the United Kingdom, known as " The Patents, Designs, and Trade Marks Act, 1883," are, in accordance with the provisions of the said Act, for the time being applicable; (b.) The expression " trade description" means any descrip- "Trade detion, statement, or other indication, direct or indirect, (1.) As to the number, quantity, measure, gauge, or weight of any goods; or— (2.) As to the place or country in which any goods were made or produced; or (3.) As to the mode of manufacturing or producing any goods; or (4.) As to the material of which any goods are composed, or (5.) 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 Act; "scription." "False trade description." "Goods." "Covering." (c.) 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 deemed to be a false trade description within the meaning of this Act; (d.) The expression "goods" means anything which is merchandise or the subject of trade or manufacture; (e) 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; 'Person, &c." (f.) The expressions "person, manufacturer, dealer or tra"Proprietor." der," and "proprietor " include any body of persons corporate or unincorporate ; "Name." Use of false tion. (9.) The expression "name" includes any abbreviation of a name: 2. The provisions of this Act respecting the application of a trade descrip- false trade description to goods 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 And as to name, &c. are: 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; "False name 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 or initials.' Forgery of a trade mark. (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, or (c.) Are either those of a fictitious person or of some person not bona fide carrying on business in connection with such goods. 3. A person shall be deemed to forge a trade mark who either (a.) Without the assent of the proprieter of the trade mark makes that trade mark or a mark so nearly resembling that trade mark as to be calculated to deceive; or (b.) Falsifies any genuine trade mark, whether by alteration, addition, effacement, or otherwise; And any trade mark or mark so made or falsified is, in this Act, referred to as a forged trade mark : Provided, that in any prosecution for forging a trade mark Proviso. the burden of proving the assent of the proprietor shall lie on the defendant. 4. A person shall be deemed to apply a trade mark, or Application 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 mark or trade description: of trade mark or trade description. 2. A trade mark or mark or trade description, shall be Manner of deemed to be applied whether it is woven, impressed or application. otherwise worked into, or annexed or affixed to the goods, or to any covering, label, reel or other thing: tion. 3. A person shall be deemed to falsely apply to goods a What shall be trade mark or mark, who, without the assent of the proprietor false applicaof a trade mark, applies such trade mark, or a mark so nearly resembling it as to be calculated to deceive; but in any prosecution for falsely applying a trade mark or mark to goods, the burden of proving the assent of the proprietor shall lie on the defendant. 5. Whenever a defendant is charged with making any die, What defence block, machine or other instrument for the purpose of forging, m may be pleador being used for forging a trade mark, or with falsely applying specified. to goods any trade mark, or any mark so nearly resembling a trade mark as to be calculated to deceive, or with applying to goods any false trade description, or causing any of the things in this section mentioned to be done, and proves (a.) That in the ordinary course of his business he is Ordinary employed, on behalf of other persons, to make dies, blocks, business. machines or other instruments for making, or being used in making, trade marks, or, as the case may be, to apply marks or descriptions to goods, and that in the case which is the subject of the charge he was so employed by some person resident in Canada, and was not interested in the goods by way of profit or commission dependent on the sale of such goods; and Precautions. Supposed (b.) That he took reasonable precautions against committing the offence charged; and 1 (c.) That he had, at the time of the commission of the genuineness. alleged offence, no reason to suspect the genuineness of the trade mark, mark or trade description; and- Information communi cated. Discharge in such case. What shall be deemed offences against this Act. The same as to sale, &c., of goods ed. (d.) That he gave to the prosecutor all the information in his power with respect to the person by or on whose behalf the trade mark, mark or description was applied, He shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor, unless he has given due notice to him that he will rely on the above defence. 6. 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 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 of, 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 in this section above mentioned to be done,- Is, subject to the provisions of this Act, and unless he proves that he acted without intent to defraud, guilty of an offence against this Act. 2. Every person who sells, or exposes for, or has in his possession for sale, or any purpose of trade or manufacture, falsely mark 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, unless he proves-(a.) That having taken all reasonable precautions against committing an offence against this Act, 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- Defence. Precautions. Information communicated. Good faith. Offence in re lation to bottles marked with trade mark. (b.) That on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or (c.) That otherwise he had acted innocently,- 7. Every person, other than the lawful owner of the bottles and proprietor of the trade mark hereinafter referred to, who sells, or exposes or offers for sale, or traffics in bottles |