Section 15Part 0 —
Imported goods purporting to be of Caymanian origin
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It shall not be lawful to sell, expose for sale, or, by way of advertising goods of some other kind, distribute in the Islands any imported goods to which there is applied any name or trade mark being, or purporting to be, the name or trade mark of any manufacturer, dealer or trader or the name of any place or district in the Islands, unless the name or trade mark is accompanied by an indication of origin.
For the purposes of this section —
a name or trade mark shall be deemed to be applied to goods if it is applied either to the goods themselves or to any covering, label, reel or other thing in or with which the goods are sold or exposed for sale; and
"trade mark" means a mark which is used upon or in connection with goods for the purpose of indicating that they are the goods of the proprietor of the mark by virtue of manufacture, selection, certification, dealing with or offering for sale.
If the Governor is satisfied, after considering such representations, if any, as may be made to him by any persons appearing to the Governor to have a substantial interest in the matter, that, having regard to the special circumstances of the trade, difficulties would arise if this section applied to goods of any class or description, or goods sold under any particular designation, and that public interests in the Islands would not be materially prejudiced by exempting such goods from the operation of this section, he may direct that this section shall not apply to such goods, or that goods shall not be treated as falling under this section by reason only that they are so designated. Every such direction shall be gazetted, and published in such other manner as the Governor may deem suitable.
This section shall not have effect in respect of the application of a name or trade mark to articles used or to be used for any of the following purposes that is to say, as coverings, labels, reels, or otherwise as articles in or with which goods manufactured or produced in the islands are or are to be sold or exposed for sale if the name or mark so applied is the name or trade mark of a manufacturer of or of a dealer or trader in those goods in the Islands and the name or mark was applied with his consent.
Referenced By
- Section 16 — Contravention of section 15
imported goods purporting to be of Caymanian origin