Trade-mark defined

(1) “Trade-mark” means any mark, label, ticket or other sign or devise, lawfully appropriated by any person as a means for denoting that any article of trade, manufacture, or merchandise is an article of the manufacture, workmanship, production or merchandise of any person, or is an article of any peculiar or particular description made or sold by any person and also means any mark, sign or device which, in pursuance of any statute relating to registered designs, is to be put or placed upon, or attached to, any article during the existence or 141 continuance of any copyright or other peculiar right in respect thereof. (2) A mark, label, ticket or other sign or device shall not be deemed to be lawfully appropriated by a person, within the meaning of this section, unless it be of such a kind and so appropriated as that an injunction or other process would be granted by the Supreme Court to restrain the use thereof by a person without the consent of the person by whom it is so appropriated, or that action might be maintained by such last mentioned person against any other person making use thereof without his consent. TITLE XIII Crimes Against Public Order Crimes Against the Safety of the State