Merchandise Marks Act


Published: 1888-05-22

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MERCHANDISE M A R K S 1

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THE MERCHANDISE MARKS ACT

ARRANGEMENT OF SECTIONS

Short title.
Interpretation.
Offences as to trade marks and trade descriptions.
Forging trade mark.
Applying trade marks or descriptions to goods.
Exemptions of certain persons employed in the ordinary course

Application of this Act to watches.
Trade mark, how described in pleading.
Rules as to evidence in prosecutions under this Act.
Punishment of accessories.
Search warrant and forfeiture of goods.
Cost of prosecution or defence.
Time limit of prosecution.
Prohibition on importation of certain goods.
Power to require information in respect of imported goods

bearing fraudulent marks.
Imported goods bearing name or trade mark of Jamaican

manufacturer or trader not to be sold unless accompanied by
indication of origin.

Contravention of section 15 constitutes an offence against this
Act.

Imported goods bearing Jamaican certification trade mark.
Implied warranty on sale of marked goods.
Cases in which the provisions of this Act as to false descriptions

are not to apply.
Saving provisions.
False representation as to Royal Warrant.

of business.

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MERCHANDISE MARKS 3

cap. 244.
Law

THE MERCHANDISE MARKS ACT
35 of 1958.

A& W n d May, I888.l 12 1985
sch.

1. This Act may be cited as the Merchandise Marks short title.
Act.

2 4 1 ) For the purposes of this Act, unless the context Interpre-
otherwise requires, the following expressions have the 35/ 19j8
meanings hereby assigned to them respectively, that is to
say-
“trade mark” has the meaning assigned to it by the Trade

Marks Act;
“trade description” means the customs entry relating to

imported goods, or any description, statement or any
indication, direct or indirect-
(a) as to the number, quantity, measure, gauge or

weight, of any goods; or
(b) as to the standard of quality of any goods, accord-

ing 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

(4 as to the place or country in which any goods were
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 subject of an existing
patent, privilege or copyright,

and the use of any figure, word or mark, which

tation

2-

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4 MERCHANDISE MARKS

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;

“false trade description” means a trade description which is
false or misleading 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 or misleading 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;

“goods” means any thing which is the subject of trade,
manufacture or merchandise;

“imported goods” does not include-
(a) goods which since the date of their importation

have undergone in Jamaica any treatment or
process resulting in a substantial change in the
goods; or

(b) goods produced or manufactured in Jamaica which
after exportation are brought back into Jamaica,
including any such goods which have undergone
outside of Jamaica any treatment or process not
resulting in a substantial change in the goods;

“indication of origin” means a definite indication of the
country in which the goods were manufactured or
produced; the indication being given conspicuously;

“person”, “manufacturer”, “dealer” or “trader” and
“proprietor”, include any body of persons corporate or
unincorporate;

“name” includes any abbreviation of a name.
(2) The provisions of this Act respecting the applica-

tion of a false trade description to goods shall extend to the
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MERCHANDISE MARKS

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 Act respecting the applica-
tion of a false 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 enact-
ment the expression “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 goods.

(4) Without prejudice to the generality of the defini-
tions of “trade description” and “false trade description”
contained in subsection (l), a trade description shall be
deemed for the purposes of this Act to be a false trade
description if it is calculated to be misunderstood as, or
mistaken for, an indication as to the same or some other
such matter which would be false or misleading in a
material respect as regards the goods to which the
description is applied, and anything calculated to be mis-
understood as, or mistaken for, an indication of any of

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6 MERCHANDISE MARKS

those matters shall be deemed for those purposes to be a
trade description.

(5 ) Notwithstanding anything contained in the defini-
tion of “false trade description” in subsection (1) no trade
mark, within the meaning of the Trade Marks Act, or part
of such a trade mark, shall by virtue of paragraphs (b) and
(c ) of subsection (1) and subsection (4) be treated as a false
trade description in relation to any goods to which the
trade mark is applied, if the following conditions arc
satisfied, that is to say-

(a) on the 16th October, 1957, the trade mark either is
registered under the Trade Marks Act, or is in use
to indicate a connection in the course of trade
between those goods and the proprietor of the
trade mark; and

(b) the trade mark as applied is used to indicate a
connection in the course of trade between the
goods and the person who is the proprietor of the
trade mark or between the goods and a person who
is registered under section 30 of the Trade Marks
Act, as a registered user of the trade mark; and

(c) the person who is the proprietor of the trade mark
is the same person as, or a successor in title of, the
proprietor on the 16th October, 1957.

(6) Nothing contained in this section shall operate to
extend the classes of goods which under section 14 are
prohibited to be imported into this Island, as having a false
trade description applied to them.

Offences as

marks and (a) forges any trade mark; or
descriptions.

3.-(1) Every person who-
to trade

trade
(b) falsely applies to goods any trade mark, or any

mark so nearly resembling a trade mark as to be
calculated to deceive; or

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MERCHANDISE MARKS 7

(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

cf, causes any of the things above in this section
mentioned to be done,

shall, subject to the provisions of this Act and unless he
proves that he acted without intent to defraud, be guilty of
an offence against this Act.

(2) Every person who sells, or exposes for, or has in 35/1958
his possession for sale, or any purpose of trade or manu- S. 3 (a).
facture, 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, unless he proves either-

(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 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

(b) that otherwise he had acted innocently,
be guilty of an offence against this Act.

(3) Save as may otherwise be provided in this Act, 3511958
every person guilty of an offence against this Act shall be S. (b)
liable-

(a) on conviction on indictment, to imprisonment with
or without hard labour, for a term not exceeding

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8 MERCHANDISE MARKS

351 1958
S. 3 (c) (d).

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 two 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 five hundred dollars; and

(c) in any case to forfeit to Her Majesty every chattel,
article, instrument or thing, by means of or in
relation to which the offence has been committed.

(4) The court before whom any person is convicted
under this section may order any forfeited articles to be .
destroyed or otherwise disposed of as the court th3ks fit.

(5 ) If any person feels aggrieved by any conviction
made by a court of summary jurisdiction, he may appeal
therefrom in accordance with the provisions of the Justices
of the Peace (Appeals) Act.

Forging 4. A person shall be deemed to forge a trade mark who
trade mark. either-

(a) 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

(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
the burden of proving the assent of the proprietor shall lie
on the defendant.

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MERCHANDISE MARKS 9

5.-(1) A person shall be deemed to apply a trade mark Applying
trade marks
or descrip-
tions to
goods.

or mark or trade description to goods who-
applies it to the goods themselves; or
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
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
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.

(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 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) Goods delivered in pursuance of a request made 35/1958
by reference to a trade mark or trade description appearing s. 4.
in any sign, advertisement, invoice, wine list, business letter,
business paper or other commercial communication, shall,
for the purposes of paragraph (4 of subsection (l), be
deemed to be goods in connection with which the trade
mark or trade description is used.

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10 MERCHANDISE MARKS

(4) A person shall be deemed to falsely apply to goods
a trade mark or mark who, without the assent of the
proprietor of 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 the goods the burden of proving the assent of the
proprietor shall lie on the defendant.

Exemptions 6. Where a defendant is charged with making any die,
persons block, machine or other instrument, for the purpose of
the ordinary in forging or being used for forging a trade mark, or with
course of falsely applying 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
employed on behalf of other persons to make dies,
blocks, machines or other instrument, for making
or being used in making trade marks, or, as the
case may be, to apply marks or description to
goods, and that in the case which is the subject of
the charge he was so employed by some person
resident in this Island, and was not interested in
the goods by way of profit or commission
dependent on the sale of such goods; and

(b) that he took reasonable precautions against
committing the offence charged; and

(c) that he had, at the time of the commission of the
alleged offence, no reason to suspect the genuine-
ness of the trade mark, mark, or trade description;
and

(d) that he gave to the prosecutor all the information
in his power with respect to the persons on whose

of certain

business.

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MERCHANDISE MARKS 11

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,

7. Where a watch case has thereon any words or marks Application
which constitute, or are by common repute considered as p,’$&&!
constituting, a description of the country in which the
watch was made, and the watch bears no description of the
country where it was made, those words or marks shall
prima fncie be deemed to be a description of that country
within the meaning of this Act, and the provisions of this
Act with respect to goods to which a false trade description
has been applied, and with respect to selling, or exposing
for or having in possession for sale, or any purpose of trade
or manufacture, goods with a false trade description, shall
apply accordingly; and for the purposes of this section the
expression “watch” means all that portion of a watch
which is not the watch case.

8. In any indictment, pleading, proceeding or document, Trade mark,
in which any trade mark or forged trade mark is intended !:&bed
to be mentioned, it shall be sufficient, without further In pleading.
description and without any copy or facsimile, to state that
trade mark or forged trade mark to be a trade mark or
forged trade mark.

9. Tn any prosecution for an offence against this Act Rules as to
evidence of the port of shipment shall be prima facie evidence pros cution i
evidence of the place or country in which the goods were z!y this
made or produced.

10. Any person who being within this Island procures, Punishment
counsels, aids, abets, or is accessory to the commission ::cessories.
without this Island, of any act which, if committed in this

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12 MERCHANDISE MARKS

Island, would under this Act be a misdemeanour, shall be
guilty of that misdemeanour as a principal, and be liable to
be indicted, proceeded against, tried and convicted, in any
parish or place in this Island in which he may be, as if the
misdemeanour had been there committed.

Search ll.--(l) Where upon information of an offence against
~ ~ ~ r ~ d this Act, a Justice has issued either a summons requiring
ofgoods. the defendant charged by such information to appear to

answer to the same or a warrant for the arrest of such
defendant, and either the said Justice on or after the issuing
of the summons or warrant, or any other Justice, is satisfied
by information on oath that there is reasonable cause to
suspect that any goods or things by means of or in relation
to which such offence has been committed are in any house
or premises of the defendant, or otherwise in his possession
or under his control in any place, such Justice may issue a
warrant under his hand, by virtue of which it shall be
lawful for any constable named or referred to in the warrant
to enter such house, premises or place, at any reasonable
time by day, and to search there for, and seize and take
away, those goods or things; and any goods or things seized
under any such warrant shall be brought before a court of
summary jurisdiction for the purpose of its being determined
whether the same are not liable to forfeiture under this Act.

(2) If the owner of any goods or things which, if the
owner thereof had been convicted, would be liable to
forfeiture under this Act, is unknown or cannot be found,
an information or complaint may be laid for the purpose
only of enforcing such forfeiture; and a court of summary
jurisdiction may cause notice to be advertised, stating that
unless cause is shown to the contrary, at the time and place
named in the notice, such goods or things will be forfeited,
and at such time and place the court, unless the owner or
any person on his behalf, or other person interested in the

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MERCHANDISE MARKS 13

goods or things, shows cause to the contrary, may order
such goods or things or any of them to be forfeited.

(3) Any goods or things forfeited under this section
or under any other provision of this Act, may be destroyed
or otherwise disposed of in such manner as the court by
which the same are forfeited may direct; and the court
may, out of any proceeds which may be realized by the dis-
position of such goods (all trade marks and trade descrip-
tions being first obliterated), award to any innocent party
any loss he may have innocently sustained in dealing with
such goods.

12. On any prosecution under this Act the court may Cost of
order costs to be paid to the defendant by the prosecutor, pE:g
or to the prosecutor by the defendant, having regard to the
information given by and the conduct of the defendant and
prosecutor respectively .

13. No prosecution for an offence against this Act shall Timclimit
be commenced after the expiration of three years next after tion. of prosecu-
the commission of the offence, or one year next after the
first discovery thereof by the prosecutor, whichever
expiration first happens.

14.-(1) In order to make further provision for pro- Prohibition
on importa-

hibiting the importation of goods which, if sold, or the tion of cer- exportation of goods prohibited to be exported which, if
shipped, put off or water-borne to be shipped would be s. s.
liable to forfeiture-

(a) all goods which, if sold, would be liable to for-
feiture under this Act, and also all goods not
manufactured within this Island, bearing any
trade mark registered under the Trade Marks Act,
as the trade mark of any manufacturer, dealer or
trader in this Island, unless such trade mark is
accompanied by a definite indication of the
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14 MERCHANDISE MARKS

1211985
sch.

country in which the goods were made or
produced, are hereby prohibited to be imported
into this Island and, subject to the provisions of
this section, shall be included among goods pro-
hibited to be imported as if they were specified in
paragraph (ii) of section 40 of the Customs Act;

(b) all agricultural produce, the exportation of which
is or shall be prohibited under or by virtue of any
enactment relating to the protection of produce,
or under or by virtue of any order made under any
such enactment, shall be subject to the provision
of this section;

(c) before detaining any such goods, as hereinbefore
mentioned, or taking any further proceedings with
a view to the forfeiture thereof under the Act
relating to the Customs, the Commissioner of
Customs and Excise may require the regulations
under this section, whether as to information, se-
curity, conditions or other matters, to be complied
with, and may satisfy himself in accordance with
those regulations, that the goods are such as are
prohibited to be imported or exported as the case
may be;

(d) the Minister may from time to time make, revoke
and vary regulations either general or special,
respecting the detention and forfeiture of goods,
the importation or exportation of which is pro-
hibited, and the conditions, if any, to be fulfilled
before such detention and forfeiture, and may by
such regulations determine the information,
notices and security to be given, and the evidence
requisite for any of the purposes of this section,
and the mode of verification of such evidence;

(e) where there is on any goods a name which is
identical with or a colourable imitation of the
name of a place in this Island, that name, unless

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MERCHANDISE MARKS 1s

accompanied by the name of the country in which
such place is situated shall be treated for the pur-
poses of this section as if it were the name of a
place in this Island;
such regulations may apply to all goods the
importation or exportation of which is prohibited,
or different regulations may be made respecting
different classes of such goods, or of offences in
relation to such goods;
the Commissioner of Customs and Excise in ad- ~ 1 ~ 5

administration of this section, whether in the
exercise of any discretion or opinion or otherwise,
shall act under the control of the Minister;
the regulations may provide for the informant
reimbursing the Commissioner of Customs and 1211985

pect of any detention made on his information,
and of any proceedings consequent on such de-
tention.

ministering the regulations and generally in the sch.

Excise all expenses and damages incurred in res- &h.

(2) Where any goods which, if sold, would be liable Powerto
to forfeiture under this Act, are imported into this Island, require jnformation
and the goods bear any name or trade mark being or Ef=~Aed
purporting to be the name or trade mark of any manu- goods
facturer, dealer, or trader in this Island, and the Commis- frauddent
sioner of Customs and Excise is, upon representations made yt:zi5
to him, satisfied that the use of the name or trade mark is %IL
fraudulent, he may require the importer of the goods, or
his agent, to produce any documents in his possession re-
lating to the goods, and to furnish information as to the
name and address of the person by whom the goods were
consigned to this Island, and the name and address of the
person to whom the goods were sent in this Island; and, if
the importer or his agent fails within fourteen days to com-
ply with any such requirement, he shall, for each offence,
forfeit the sum of two hundred dollars.

bearing

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16 MERCHANDISE MARKS

12/1985
sch.

Imported
goods
bearing
name or
trade mark
of Jamaican
manufac-
turer or
trader not
to be sold
unless
accom-
panied
by indica-
tion of
origin.
351 1958
S. 6.

(3) Any information obtained from the importer of
the goods or his agent under subsection (2), or from any
other source, may be communicated by the Commissioner
of Customs and Excise to any person whose name or trade
mark is alleged to have been used or infringed.

(4) This section shall have effect as if it were part of
the Customs Act.

lS.-(l) It shall not be lawful to sell, expose for sale, or,
by way of advertising goods of some other kind, distribute
in the Island, any imported goods to which there is applied
any name or trade mark being, or purporting to be, the
name or trade mark of any manufacturer, dealer or trader
or the name of any place or district in the Island, unless
the name or trade mark is accompanied by an indication of
origin.

(2) For the purposes of this section-
(a) a name or trade mark shall be deemed to be

applied to goods if it is applied either to the goods
themselves or to any covering, label, reel or other
thing in or with which the goods are sold or
exposed for sale; and

(b) the expression “trade mark” means a mark which
is used upon or in connection with goods for the
purpose of indicating that they are the goods of
the proprietor of the mark by virtue of manu-
facture, selection, certification, dealing with, or
offering for sale.

(3) If the Minister is satisfied, after considering such
representations (if any) as may be made to him by any
persons appearing to the Minister to have a substantial
interest in the matter, that, having regard to the special
circumstances of the trade, dficulties would arise if this
section applied to goods of any class or description, or
goods sold under any particular designation, and that public

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MERCHANDISE MARKS 17

interests in the Island would not be materially prejudiced
by exempting such goods from the operation of this section,
he may direct that this section shall not apply to such goods,
or that the goods shall not be treated as falling under this
section by reason only that they are so designated.

Every such direction shall be published in the Gazette,
and in such other manner as the Minister may deem
suit able.

(4) This section shall not have effect in respect of the
application of a name or trade mark to articles used or to
be used for any of the following purposes, that is to say,
as coverings, labels, reels, or otherwise as articles in or with
which goods manufactured or produced in the Island are or
are to be sold or exposed for sale if the name or mark so
applied is the name or trade mark of a manufacturer of or
of a dealer or trader in those goods in the Island and the
name or mark was applied with his consent.

16. If any person sells, exposes for sale or distributes Contra-
by way of advertisement, any goods in contravention of the ~~f~~ hf
provisions of section 15 such person shall be guilty of an ;?$;:
offence against this Act and shall be liable on summary against this
conviction to a fine not exceeding ten dollars and in the j45Cjisss
case of a second or subsequent offence to a fine not
exceeding forty dollars and the court may in the case of a
second or subsequent offence order the goods in relation to
which the offence has been committed to be forfeited:

Provided that-
(i) in the case of the sale wholesale of any goods, it

shall be a good defence to proceedings under this
section if the person charged with the offence
satisfies the court that the goods were sold to the
purchaser on an undertaking in writing that they
would be exported or sold for exportation to a place
outside the Island and any such undertaking in
writing, if it purports to be signed by the purchaser

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18 MERCHANDISE M A R K S

and specifies the usual business address of the
purchaser, shall be admissible as evidence of the
facts appearing therein;

(ii) a person shall not be treated as being guilty by
virtue of this section of an offence against this Act
if he proves-

(a) that having taken all reasonable precau-
tions against committing such an offence
he had at the time of the commission of
the alleged offence no reason to suspect
that the goods were goods to which this
Act applied, and that on a 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 the goods; or

(b) that otherwise he had acted innocently.

Imported 1 7 . 4 1 ) The provisions of paragraph (a) of subsection (1)
bearing and subsection (2) of section 14 and (subject to subsection
Jamaican (2) of this section), subsection (1) of section 15 shall apply to
trade mark. a mark being or purporting to be a certification trade mark
S. 6. registered or deemed to be registered under section 39 of the

Trade Marks Act, in the name as proprietor thereof of a
person in Jamaica, as they apply to a trade mark of a manu-
facturer, dealer or trader in Jamaica.

(2) Subsection (1) of section 15 shall not have effect
in respect of the application of a certification trade mark to
articles used or to be used for any of the following purposes,
that is to say, as coverings, labels, reels, or otherwise as
articles in or with which goods manufactured or produced
in Jamaica are or are to be sold or exposed for sale if the
mark relates or is to relate to those goods, and was so
applied by or with the consent of the proprietor of the mark
or by another in accordance with his authorization under
the regulations relating to the mark.

goods

certification

3511958

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MERCHANDISE MARKS 19
,- .-"

18. On the sale or in the contract for the sale of any Implied
goods to which a trade mark or mark, or trade description, srstY On
has been applied, the vendor shall be deemed to warrant 2;:d
that the mark is a genuine trade mark, and not forged or
falsely applied, or that the trade description is not a false
trade description within the meaning of this Act, unless the
contrary is expressed in some writing signed by or on behalf
of the vendor, and delivered at the time of the sale or
contract to and accepted by the vendee.

19. Where, at the passing of this Act, a trade description Cases in

class, or manufactured by a particular method, to indicate :::tii$:
the particular class or method of manufacture of such descriptions are not t
goods, the provisions of this Act with respect to false trade apply.
descriptions shall not apply to such trade description when
so applied :

Provided that where such trade description includes the
name of a place or country, and is calculated to mislead as
to the place or country where the goods to which it is
applied were actually made or produced, and the goods are
not actually made or produced in that place or country, this
section shall not apply unless there is added to the trade
description, immediately before or after the name of that
place or country, in an equally conspicuous manner with
that name, the name of the place or country in which the
goods were actually made or produced, with a statement
that they were made or produced there.

is lawfully and generally applied to goods of a particular which. provlslons the

20.-(1) This Act shall not exempt any person from any Saving
action, suit or other proceeding, which might, but for the provisions.
provisions of this Act, be brought against him.

(2) Nothing in this Act shall entitle any person to
refuse to make a complete discovery, or to answer any
question or interrogatory in any action; but such discovery

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20 MERCHANDISE MARKS

or answer shall not be admissible in evidence against such
person in any prosecution for an offence against this Act.

(3) Nothing in this Act shall be construed so as to
render liable to any prosecution or punishment any servant
of a master resident, in this Island, 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.

False 21. Any person who falsely represents that any goods
tion as to are made by a person holding a Royal Warrant or for the
Royal service of Her Majesty, or any of the Royal Family, or any
35/ 1958 Government Department, shall be liable on summary

conviction to a penalty not exceeding forty dollars.

representa-

Warrant.

s. 7.

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