Merchandise Marks

trade, name, country, regulations, description and watch

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a watch case bears any words or marks constituting, or commonly reputed to constitute, a description of the country of its manu facture, and the watch itself does not bear a description of that country, thou those words or marks are prima ,facie a description of that country within the meaning of these Acts. And acconlingly the :Merchandise Marks Acts apply thereto, and particularly the provisions relating 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 manu facture, goods with a false trade description." A "watch " here means all that portion of a watch which is not the watch case. For further particulars of the provisions of these Acts and the regulations made thereunder relating to waTclIES, reference should be made to the article under that title.

are also some very important provisions intended the importation of goods which, if sold, would be liable to forfeiture under these Acts. These constitute the necessity of such a mark as " made in Germany," and the following is some account of their nature and extent. In the first place all such goods, and also all goods of foreign a manufacture bearing a name or trade-mrk being or purporting to be the name or trade-mark of a manufacturer, dealer, or trader in the United Kingdom, are specifically prohibited from importation into the United Kingdom. But this prohibition does not apply if the name or trade-mark is accompanied by a definite indication of the country in which the goods were made or produced. A name on goods which is identical with or a colourable imitation of the name of a place in the United Kingdom, unless it is accompanied by the name of the country in which the place is situate, is treated for the purposes of prohibition as if it were the name of the place in the United kingdom. The importer, or his agent, of goods frau

dulently marked may now, by ' ne Merchandise Marks Act 191I, be required, under penalties, to give information to the authorities as to the consignor and the consignee of such goods. Regulations for carrying into effect the statutory provisions relating to importation are made from time to time by the Commissioners of Customs, and are published in the London Gazette and the Board of Trade Journal. These regulations mainly relate to the detention and forfeiture of goods, and the conditions to he fulfilled before a detention or forfeiture ; they also determine the information, notices, and security to be given, the requisite evidence, and the modes of verification ; and they provide for the informant reimbursing the Customs authorities all expenses and damages incurred in respect of a detention made on his informa tion, and of proceedings consequent on the detention. Different regulations are made respecting different classes of goods or of offences relating to those goods. The port of shipment is treated as prinzii facie the place of origin of the goods.

Official prosecutions.—While expressly declaring that nothing therein shall affect the power of any person or authority to otherwise undertake prosecutions, the Act of 1891 makes special provision with regard to prose cutions by the Board of Trade. And the 13oard has power, with the con currence of the Lord Chancellor, to make regulations for public prosecutions in cases affecting the general interests of the country., or of a section of the com munity, or of a trade. The Board of Agriculture also has power to prosecute. See also ROYAL ARMS ; TRADE MARKS ; HOP-TRADE.

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