On a prosecution for any of these offences there is a power to forfeit the things found although no one is convicted. If the offender is indicted (it is in his option to be tried in this way) the punishment is fine and imprisonment, the latter not to exceed two years. On summary conviction the punishment is not to ex ceed, for a first offence, four months' imprisonment, with or with out hard labour, and a fine of Lao; and for any subsequent offence six months' imprisonment and a fine of £50. Any person pro curing the commission of an offence outside the United Kingdom can be punished ; a search warrant for offending goods can be issued by a justice; but prosecutions must be commenced within three years of the offence or one year of its discovery. (X.) Under the Federal laws, providing for the registration and protection of merchandise marks or trade marks, infringement suits are brought in the Federal courts and the penalty for in fringement is three times the amount of the verdict recovered. The statute law provides for injunctions and in a damage suit the plaintiff, if successful, shall be entitled to the defendant's profits in addition to the damages sustained. There are also provisions with penalties for fraudulent registrations and for imitating trade marks.
In addition to Federal laws safeguarding rights to merchandige marks, the various States have laws on the use and abuse of trade mark rights. The New York Penal law defines a trade mark as a mark used to indicate the maker, owner or seller of an article of merchandise and includes names, letters, words, devices, emblems.
Offence against a trade mark is a misdemeanour and punishable for the first offence by a fine of not less than 5o dollars nor more than 500 dollars, or by imprisonment for not more than a year, or both. For each subsequent offence the penalty is imprisonment
for not less than 3o days, nor more than a year, or by both such imprisonment and a fine of not less than Soo dollars or more than 1,000 dollars.
Some offences against trade marks include: (a) falsely making, counterfeiting or affixing the trade mark of another without the owner's consent; (b) knowingly selling, keeping or offering for sale an article to which is attached a false or imitation trade mark; (c) possessing a counterfeit trade mark or anything for the purpose of counterfeiting a trade mark; (d) knowingly selling or offering for sale goods represented to be the product of any person other than himself unless in original package and under the mark of the manufacturer ; (e) selling or exposing for sale goods in bulk to which no trade mark is attached and representing the same as manufactured by one not the manufacturer; (f) knowingly selling or offering for sale any article of merchandise and by representation, name, mark or advertisement or otherwise making any false representations as to the person by whom the same was made or as to the propriety of any mark thereon. Other sections prohibit the refilling and reselling of trade marked bottles and vessels and keeping them with intent to refill and resell. (See TRADE MARKS.) The General Business Law of New York provides that anyone engaged in the manufacture of certain enumerated products may register a trade mark by filing it in the proper county clerk's office and with the secretary of State. It also contains prohibitions in regard to the use of such trade marks by those other than the owner. Penalties are named for violations of this article. In other States, there are similar laws. (H. A.)