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ART. 21. — The judge of the misdemeanor may also order the judgment to be made public.
ART. 22. — The amount of fines shall go into the funds of the poor of the place where the wrongful act shall have been committed.
IV. On Authorities and Mode of Procedure; and V. On Transitory Provisions, are not of general interest.
In Bavaria, a law of March 5, 1840, regulates property in trademarks, labels, &c. From the time of the passage of that law the mark has not been obligatory, but may consist of the name of the fabricant, accompanied by the indication of his place of manufacture; or in any emblem whatever.
To secure the exclusive property in the mark chosen by him, the manufacturer must make before the police authorities of his district a declaration of the mark adopted by him, and deposit a representation and one copy of it. This declaration is to be inscribed in a special register, and a certificate delivered to the declarant. This register is public, so that all may take notice of it.
The punishment for counterfeiting is a fine of from 10 to 50 florins, doubled for a second offence, besides temporary or final suspension from the manufacturing or other industry of the counterfeiter, according to circumstances. This is in addition to damages to the party injured.
This law is applicable to foreign trade-marks and firm-names, always upon the condition that the owners affix to their products their names and places of domicile, or make the declaration or deposit with the police authorities in one of the districts of the Kingdom of Bavaria, — Provided the same protection shall be accorded and assured to Bavarians in the country of the foreign manufacturer.
BELGIUM. The French legislative rules still govern in the matter of trademarks. Thus there are still in vigor the decrees of 1801 relative to hardware and cutlery; the law of 1803 relative to manufactures, fabrics, and workshops; the imperial decree of 1810 containing provisions for the suppression of the counterfeiting of trade-marks on hardware and cutlery; and the imperial decree of 1809 relating to the conseils de prud'hommes.
To the said laws are added the royal decree of 1818 relative to marks of makers of pipes, and that of 1820 concerning manufacture of cloths. The pipes, their labels, boxes, &c., are to bear the print of the arms of the city or commune where made. All kinds of cloths composed wholly or in part of wool are to bear labels announcing their national origin. The counterfeiting of the said marks is to be punished as stated in the laws.
Property in labels, signs, and names of merchants is not protected in Belgium by any special law; the principles of the common law being alone applicable to the repression of usurpation of this kind of property.
Und that wall which motion, or
“An Act to amend the law relating to the Fraudulent Marking of Merchandise,” which took effect on the first day of September, 1872, is very similar to the British Act of 1862.
Under the Act respecting Trade-marks, &c., of 1868, it is provided that “all marks, names, brands, labels, packages, or other business devices, which may be adopted for use by any person in his trade, business, occupation, or calling, for the purpose of distinguishing any manufacture, product, or article of any description by him manufactured, produced, compounded, packed, or offered for sale, no matter how applied,” &c., &c., may be registered; and timber and lumber upon which labor has been expended are deemed manufactures.
The owner of the mark may petition for the cancellation thereof. The mark may be assigned. In case of interference of an application with a mark already registered, the Minister of Agriculture shall examine witnesses for the purpose of establishing the ownership, and may order entry or cancellation, or both.
The proprietor of a mark may have the same registered by depositing with the Minister of Agriculture a drawing and description in duplicate of such mark, together with a declaration that the same was not in use to his knowledge by any other person than himself at the time of his adoption thereof. It shall then be examined, and if not identical with or closely resembling any registered mark, it shall be registered, and a certified copy of the drawing and description be returned to the proprietor. The certificate of the Minister or of his Deputy shall state the day, month, and year of the entry in the “ Trade-mark Register;" and such certificates shall be evidence of the facts therein alleged.
DENMARK. The counterfeiting of trade-marks or of stamps is punishable by the ordinance of 1840, with imprisonment not exceeding four years, or in minor cases with fines.
ENGLISH “ MERCHANDISE MARKS ACT” OF 1862.'
Construction of Words. 1. In the construction of this act the word “person” shall include any person, whether a subject of Her Majesty or not, and any body corporate or body of the like nature, whether constituted according to the law of this country or of any of Her Majesty's colonies or dominions, or according to the law of any foreign country, and also any company, association, or society of persons, whether the members thereof be subjects of Her Majesty or not, or some of such persons subjects of Her Majesty and some of them not, and whether such body corporate, body of the like nature, company, association, or society be established or carry on business within Her Majesty's dominions or elsewhere, or partly within Her Majesty's dominions and partly elsewhere; the word “mark” shall include any name, signature, word, letter, device, emblem, figure, sign, seal, stamp, diagram, label, ticket, or other of any other description; and the expression “ trade-mark” shall include any and every such name, signature, word, letter, device, emblem, figure, sign, seal, stamp, diagram, label, ticket, or any other mark as aforesaid lawfully used by any person to denote any chattel, or (in Scotland) any article of trade, manufacture, or merchandise, to be an article or thing of the manufacture, workmanship, production, or merchandise of such person, or to be an article or thing of any peculiar or particular description made or sold by such person, and shall also include any name, signature, word, letter, number, figure, mark, or sign which, in pursuance of any statute or statutes for the time being in force relating to registered designs, is to be put or
1 This Act embraces not only technical “trade-marks,” but also all other kinds of “marks” for goods. It contains no provision for registration. Mr. Roebuck, the chairman of the committee of the House of Commons having the matter in charge, moved “ That a system of registration of trade-marks be adopted in this bill.” The motion was put and lost. The Cutler's Company of Sheffield register trade-marks for cutlery made in a small district. Many manufacturers enter their marks at Stationers' Hall, under a supposed authority of the copyright law. It is difficult to conceive what legal benefit can be derived from such entry, beyond fixing a date of claim.
placed upon or attached to any chattel or article during the existence or continuance of any copyright or other sole right acquired under the provisions of such statutes or any of them; the word “misdemeanor” shall include crime and offence in Scotland; and the word “court” shall include any sheriff or sheriff-substitute in Scotland. Forging a Trade-mark or falsely applying any Trade-mark with
intent to defraud, a Misdemeanor. 2. Every person (&c. &c.) so committing a misdemeanor shall also forfeit to Her Majesty every chattel and article belonging to such person to which he shall have so unlawfully applied, or caused or procured to be applied, any such trade-mark or forged or counterfeited trade-mark as aforesaid, and every instrument in the possession or power of such person, and by means of which any such trade-mark, or forged or counterfeited trade-mark as aforesaid, shall have been so applied, and every instrument in the possession or power of such person for applying any such trade-mark or forged or counterfeit trade-mark as aforesaid, shall be forfeited to Her Majesty; and the court before which any such misdemeanor shall be tried may order such forfeited articles as aforesaid to be destroyed or otherwise disposed of as such court shall think fit.
Applying a forged Trade-mark to any Vessel, Case, Wrapper,
&c., in or with which any Article is sold or intended to be sold, a Misdemeanor. 3. (This title sufficiently expresses the subject.) Selling Articles with forged or false Trade-marks after 31st
December, 1863, Penalty equal to value of Article sold, and a sum not exceeding 51. nor less than 108. 4. (For the present purpose this is sufficiently expressed in the title.) Additions to and Alterations of Trade-marks made with intent to
defraud to be deemed Forgeries. 5. (Every addition, alteration, or imitation, with intent to defraud, included.) Any Person who, after 31st December, 1863, shall have sold an
Article having a false Trade-mark to be bound to give Information where he procured it. Power to Justices to Summon
Parties refusing to give Information. Penalty for Refusal, 51. 6. (For the present purpose this is sufficiently expressed in the title.)
Marking any false Indication of Quantity, &c., upon an Article
with intent to defraud, Penalty, a sum equal to the value of the Article and the further sum not exceeding 51., and not less than 10s. 7. (The same may be said of this.)
Selling or exposing for Sale after the 31st December, 1863, Ar
ticles with false Statement of Quantities, &c., Penalty not more than 51. or less than 5s. 8. (Sufficient for present purposes.)
Proviso that it shall not be an Offence to apply Names or Words
known to be used for indicating particular Classes of Manufactures. 9. (Sufficient for present purposes.) Description of Trade-marks and forged Trade-marks in Indict
ments, &c. 10. In every indictment, pleading, proceeding, and document whatsoever in which any trade-mark shall be intended to be mentioned, it shall be sufficient to mention or state the same to be a trade-mark without further or otherwise describing such trademark, or setting forth any copy or fac-simile thereof; and in every indictment, pleading, proceeding, and document whatsoever in which it shall be intended to mention any forged or counterfeit trade-mark, it shall be sufficient to mention or state the same to be a forged or counterfeit trade-mark without further or otherwise describing such forged or counterfeit trade-mark, or setting forth any copy or fac-simile thereof.
Conviction not to affect any Right or Civil Remedy. 11. The provisions in this act contained of or concerning any act, or any proceeding, judgment, or conviction for any act hereby declared to be a misdemeanor or offence, shall not, nor shall any of them take away, diminish, or prejudicially affect any suit, process, proceeding, right, or remedy which any person aggrieved by such act may be entitled to at law, in equity, or otherwise, and shall not, nor shall any of them exempt or excuse any person from answering or making discovery upon examination as a witness or upon interrogatories, or otherwise, in any suit or other civil proceeding: Provided always, that no evidence, statement, or discovery