TRADE-MARKS. The attaching of peculiar marks by which manufacturers seek to distinguish their own productions front those made by other persons, is an important both as concern; the producer and the consumer; because no honest manufac turer will invent and apply a trade-mark to his wares unless he is convinced that they possess sonic special excellence which he wishes thus to make known; and it is desirable the public should have the benefit of such direction in the choice of their purchases as is thereby afforded. Nevertheless, until 1832, the law in Great Britain was in a very unsat isfactory state upon this subject, and the marks of celebrated manufacturers were pirated with the most reckless audacity, both by British and foreign firms, in most cases to enable them to pass off upon the public articles of very inferior character. For such iefringement, the only remedy was to proceed by injunction from the court of chancery —a process which was far too troublesome and costly for the class of inventors most likely to be injured. The " merehtmdise marks act." of 1S82 has remedied this evil, and simplified the whole matter, by unmaking it a misdemeanor to forge or counterfeit any trade-mark, or falsely to apply any such trade-mark with intent to defrand, whether applied to a cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or any other thing, in or with which any commodity is sold, or intended to be sold. It is henceforth an offense to sell ce expose, either for sale or for any purpose of trade or manufacture, articles with forged or false under a penalty of a sum equal to the value of such articles, and a sum besides not exceeding or less than 10s. Every addition to, or alteration and imitation of, any t•ade-mark made with intent to defraod—the intent being the essence of the offense in all cases—is to be deemed a forgery, and punished as such. It is further made obligatory on every person who shall
sell an article having a false trade-mark to give information as to where he procured it, on a demand for such information belng made to him in In 1873 an act was Passed to establish a register of trade-marks, and amended in 1870, to the effect that, after July 1, 1877, no steps can be taken to prevent infringement unless the trademark has been in the register established under the superintendence of the commission ers of patents.
To mark any false indication of quantity is also punishable with penalties. A con viction under the act is not to affect the civil remedy at law, nor need any indictment specify who is intended to be defrauded by the fraudulent use of spurious marks. The punishment for the may, at the discretion of the court, either be by fine or by imprisonment, with, or without hard labor; and in the event of tines not being paid, the offender may he imprisoned until they are, The vender of an article with a trade mark is to be deemed to warrant or contract with the purchaser that the mark is genu ine, unless otherwise vouched for in writing. A similar obligation rests upon those who sell articles marked with specific quantities. In suits at lmov, or in equity against per sons usinem forged trade-marks, the court may not only order the destruction of the arti cles fraudulently marked, but may by injunction prevent a repetition of the offense. The time during, hich proceedings may be taken is limited to three years.