Trade Mark Laws of the World

addition, effacement or otherwise;

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 assent of the proprietor shall lie on the defendant.

Applying trade marks

63. (i) A person shall be deemed to apply a trade mark or mark 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 has been applied; or

(d) uses a trade mark or mark in any manner calculated to lead to the belief that the goods in connection with which it is used are designated by that trade mark or mark.

(ii) A trade mark or mark shall be deemed to be 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.

Falsely applying trade marks

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

Protection of servants acting in good faith

65. Nothing in this Act shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in the Colony who acts in good faith in obedience to the instructions of such master, and on demand made on behalf of the prosecutor has given full information as to his master. Punishment of offence against Act

66. Any person guilty of an offence against this Act shall be liable on summary conviction to a penalty not exceeding £50 and to the forfeiture of all goods in respect of which the offence was committed.

BARBADOS

MERCHANDISE MARKS (AMENDMENT) ACT, 1896-7 AN ACT TO AMEND THE MERCHANDISE MARKS ACT, 1889 (20 March, 1896.)

Whereas it is expedient to provide for the registration of trade marks in this island and to extend the protection now afforded by the Merchandise Marks Act, 1889, to certain trade marks therein mentioned to trade marks to be registered in this island; Be it therefore enacted by the Governor, Council, and Assembly of this island, and by the authority of the same, as follows:

Meaning of term trade mark

1. The expression "trade mark" in the Merchandise Marks Act, 1889 (hereinafter referred to as the principal Act), shall from and after the passing of this Act mean also in addition to the meaning given hereto in section three of the principal Act a trade mark registered in the register of trade marks directed to be kept under this Act.

2. A register of trade marks to be registered under this Act and of the proprietors thereof shall be kept at the record branch of the colonial secretary's office of this island, and under the superintendence of the colonial secretary of this island, and after the amalgamation of that branch with the prothonotary's office, then such register shall be kept under the superintendence of the registrar appointed under the Registration Office Act, 1887, and the term "registrar" used in this Act shall apply to such colonial secretary or registrar as the case may be, and such register shall be called "the Register of Barbados Trade Marks."

Entries in register

3. There shall be entered in the register of Barbados trade marks a description of registered trade marks and the names and addresses of the proprietors thereof with notifications of any assignments or transmission thereof.

Application for registration

4. The registrar shall, on the application by or on behalf of any person claiming to be the proprietor of a trade mark

*Substantially the same as Great Britain: Merchandise Marks Act, which see.

now used or desired hereafter to be used in this island, register the trade mark, but the person making such application shall in his application for registration state that such trade mark is not a trade mark as defined by section three of the principal Act, and if after registration of such trade mark the registrar shall be satisfied that such trade mark was at the time of such application or has since become a trade mark as defined by section three of the principal Act, he shall erase such trade mark and the name of the proprietor thereof out of the register, and such erasion shall relate back to the time when such trade mark came within the definition aforesaid and such erasion shall take place whether such trade mark came within such definition before or after such registration and whether the proprietor thereof is the same as the registered proprietor or any other person or persons.

Form of application

5. The application for registration must be made in the form set forth in the schedule to this Act and must be left at the office of the registrar.

Condition of registration

6. (1) The application for registration must be accompanied by a representation of the trade mark.

(2) For the purposes of this Act a trade mark must consist of or contain at least one of the following essential particulars: (a) A name of an individual or firm printed, impressed, woven or blown in glass; or

(b) A written signature or copy of a written signature of the individual or firm applying for registration thereof as a trade mark; or

(3) There may be added to any one or more of these particulars any letters, words or figures or combination of letters, words or figures, or any of them.

Connection of trade mark with goods

7. A trade mark must be registered for particular goods or classes of goods.

Colour of trade mark

8. A trade mark may be registered in any colour and such registration shall (subject to the provisions of this Act) confer on the registered owner the exclusive right to use the same in that or any other colour.

Advertisement of application

9. On receipt of an application for registration the regis

trar shall advertise in the Official Gazette and one of the newspapers of this island a notice in the form set forth in the schedule of this Act, and such notice shall be advertised in three consecutive numbers of the Official Gazette and such newspaper, but the registrar shall not insert such advertisement till the person making the application shall deposit with the registrar the sums to be charged by the Official Gazette and such newspaper for inserting such advertisement.

Opposition to registration

10. (1) If no notice of opposition to the registration of such trade mark shall be left with the registrar at his office within one month of the first advertisement of the application in the Official Gazette, then the registrar shall register such trade mark in the name of the person by or on behalf of whom such application is made.

(2) Any person may within one month of the first advertisement of the application give notice in duplicate at the office of the registrar, of opposition to the registration of the trade mark, and the registrar shall send one copy of such notice to the applicant.

(3) Within fourteen days after receipt of such notice the applicant may send to the registrar at his office a counter-statement in duplicate of the grounds on which he relies for his application, and if he does not do so shall be deemed to have abandoned his application.

(4) If the applicant send such counter-statement the registrar shall furnish a copy thereof to the persons who gave notice of opposition and shall require him to give security in such manner and to such amount as the registrar may require for such costs as may be awarded in respect of such opposition, and if such security is not given within fourteen days after such requirement was made the opposition shall be deemed to be withdrawn and the registrar shall register such trade mark in the name of the person by or on behalf of whom such application is made.

(5) If the person who gave notice of opposition duly gives such security as aforesaid, the registrar shall inform the applicant thereof in writing and thereupon the case shall be deemed to stand over till the same has been decided by some court of law or equity.

Conflicting claims to registration

11. Where each of several persons claims to be registered as proprietor of the same trade mark, the register shall refuse to register any of them until their rights have been determined

according to law.

Restrictions on registration

12. Except where a court of law or equity has decided that two or more persons are entitled to be registered as proprietors of the same trade mark, the registrar shall not register in respect of the same goods or a description of goods a trade mark identical with the one already on the register with respect to such goods or description of goods.

(2) The registrar shall not register with respect to the same goods or description of goods a trade mark so nearly resembling a trade mark already on the register with respect to such goods or description of goods as to be calculated to deceive.

(3) It shall not be lawful to register as part of or in combination with a trade mark any words the exclusive use of which would by reason of their being calculated to deceive or otherwise be deemed disentitled to protection in a court of justice, or any scandalous design.

Assignment and transmission of trade mark

13. A trade mark when registered shall be assigned and transmitted only in connection with the goodwill of the business concerned in the particular goods or classes of goods for which it has been registered and shall be determinable with that goodwill.

Registration of assignment

14. The assignment or transmission of every registered trade mark shall be entered on the register by the person claiming under transmission or assignment and such person shall not be entitled to the protection afforded by this Act till such entry shall be made.

Fees

15. There shall be paid under this Act the fees mentioned in the schedule thereto, and while the present prothonotary of the court of common pleas shall be registrar, such fees shall be paid to him for his own use, but after the registrar under this Act shall be the registrar under the Registration Office Act, 1887, then such fees shall be paid to the registrar to be paid by him into the public treasury to the credit of the general revenue and the duties imposed by this Act on the registrar to be appointed under the Registration Office Act, 1887, shall be considered as part of the duties for the performance of which he is appointed and shall not entitle him to any increase of salary.

Construction of Act

16. This Act and the principal Act shall be read and construed as one Act.

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