Act No. 19, 1900.
An Act to consolidate the Acts relating to
Trade Marks and fraudulent marks. [22nd September, 1900.]
BE it enacted by the Queen's Most Excellent Majesty, by and with Assembly of New South Wales in Parliament assembled, and by the the advice and consent of the Legislative Council and Legislative
authority of the same, as follows:—
P A R T I. Preliminary.
1 . This Act may be cited as the " Trade Marks Act, 1900," and
contains the following Parts :—
P A E T I . — P r e l i m i n a r y . — s s . 1-4.
P A R T I I . — R e g i s t r a t i o n and transfer.—ss. 5-9.
P A R T III.—Offences.—ss-. 10-29. P A R T IV.—Warranty.—ss. 30, 31.
P A R T V . — P r o c e e d i n g s in suits.—ss. 32-36. 2. The Acts mentioned in the Schedule hereto are hereby repealed. 3. In this Act, unless the context or subject-matter otherwise
indicates or requires,—
" Apply " and " applied " respectively include attach, attached,
and cause or procure to be applied or attached.
" Cover " includes any cask, bottle, stopper, vessel, case, wrapper,
band, reel, ticket, or label.
" T r a d e " Denoted " includes intended to be denoted.
" Goods " includes any chattel or article." Forge ," " forging," and " forged " respectively include coun
terfeit, counterfeiting, and counterfeited.
" Intent to defraud " includes intent to enable any other person
to defraud.
" Justice " means justice of the peace.
" Manufacture " includes workmanship and production." Mark " includes any name, signature, word, letter, device,
emblem, figure, sign, seal, stamp, diagram, label, ticket, or
other mark of any other description.
" T r a d e m a r k " i n c l u d e s a n y m a r k l a w f u l l y u s e d b y a n y p e r s o n
to d e n o t e a n y g o o d s to be g o o d s of t h e m a n u f a c t u r e o r m e r c h a n d i s e of s u c h p e r s o n , o r t o b e g o o d s of a n y p a r t i c u l a r
d e s c r i p t i o n m a d e o r so ld b y s u c h p e r s o n .
" P e r s o n " i n c l…