Merchandise Marks Act, 1891

MERCHANDISE MARKS ACT 1891

CHAPTER XV.

An Act to amend the Merchandise Marks Act, 1887.[3] [11th May 1891.]

Customs entry to be trade description.

50 & 51 Vict. c. 28.

1. The customs entry relating to imported goods shall, for the purposes of the Merchandise Marks Act, 1887, be deemed to be a trade description applied to the goods.

Official prosecutions.

2.(1) The Board of Trade[4] may, with the concurrence of the Lord Chancellor, make regulations providing that in cases appearing to the Board to affect the general interests of the country, or of a section of the community, or of a trade, the prosecution of offences under the Merchandise Marks Act, 1887, shall be undertaken by the Board of Trade, [3] and prescribing the conditions on which such prosecutions are to be so undertaken. The expenses of prosecutions so undertaken shall be paid out of moneys provided by Parliament.

(2) All regulations made under this section shall be laid before Parliament within three weeks after they are made if Parliament is then sitting, and if Parliament is not then sitting, within three weeks after the beginning of the next session of Parliament, and shall be judicially noticed, and shall have effect as if enacted by this Act, and shall be published under the authority of Her Majesty’s Stationery Office.

(3) Nothing in this Act shall affect the power of any person or authority to undertake prosecutions otherwise than under the said regulations.

Short title.

3. This Act may be cited as the Merchandise Marks Act, 1891, and the Merchandise Marks Act, 1887, and this Act may be cited together as the Merchandise Marks Acts, 1887 and 1891.

[3 Short title, “The Merchandise Marks Act, 1891” see s. 3.].

[4 In cases relating to agricultural or horticultural produce or to the produce of any fishing industry the Board of Agriculture and Fisheries are substituted for the Board of Trade; see 57 & 58 Vict. c. 19, s. 1; 3 Edw. 7. c. 31, s. 1 (8).]