Reports of Patent, Design, and Trade Mark Cases, Volume 29Published at the Patent Office Sales Branch, 1912 - Design protection |
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Common terms and phrases
adapted to distinguish advertisements alleged apparatus appeared Application asked Balance Spring Balance Spring Pen Benjamin Brookes blade boxes C.W.S. Flakes calculated to deceive cards Carvino cloths Company Ld Comptroller Court described DESIGN AND TRADE detonators dismissed with costs distinctive Equitable Pioneers Society evidence fact firm FLETCHER MOULTON get-up granted Hessin Hommel hooks and eyes ILLUSTRATED OFFICIAL JOURNAL injunction instructed Justice label Lactobacilline learned Judge Lemco Letters Patent Lever Bros Lord manufacture MARK CASES Vol Masbro matter Monkey Brand OFFICIAL JOURNAL PATENTS Order paragraph PARKER Particulars of Objections passing-off Patent of Addition Perry Pioneers Society Ld Plaintiff Company Plaintiffs polishing referred Register a Trade REPORTS OF PATENT respect revocation rubber heels saccharin sell Selvyt soap sold Sons Ld Statement of Claim subject-matter submit sulphur TRADE MARK Universal School Pen vacuum Walter K.C. William McEwan Wincarnis witness word Nugget XXIX
Popular passages
Page 174 - For the purposes of this section „distinctive" shall mean adapted to distinguish the goods of the proprietor of the trade mark from those of other persons. In determining whether a trade mark is so adapted, the tribunal may, in the case of a trade mark in actual use, take into consideration the extent to which such user has rendered such trade mark in fact distinctive for the goods with respect to which it is registered or proposed to be registered.
Page 173 - An invented word or invented words; 4. A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or a surname; 5.
Page 319 - Provided also and be it declared and enacted, that any declaration before mentioned shall not extend to any letters patent and grants of privilege for the term of fourteen years or under, hereafter to be made of the sole working or making of any manner of new manufactures within this Realm, to the true and first inventor and inventors of such manufactures, which others at the time of making such letters patents and grants shall not use...
Page 173 - mark " shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof : A "trade mark" shall mean a mark used or proposed to be used upon or in connection with goods for the purpose of indicating that they are the goods of the proprietor of such trade mark by virtue of manufacture, selection, certification, dealing with, or offering for sale...
Page 267 - Neitheris the proposition true of an erroneous statement in a specification amounting to a false suggestion, even though the error would be at once observed by a workman possessed of ordinary knowledge of the subject.
Page 325 - ... none, there arises a further question of fact, viz. Whether the purpose to which the contrivance was before applied and the new purpose are so analogous or cognate that there is no discovery or invention in the new application...
Page 260 - Having now particularly described and ascertained the nature of my said invention, and in what manner the same is to be performed, I...
Page 300 - On taxation of costs regard shall be had to the particulars delivered by the plaintiff and by the defendant ; and they respectively shall not be allowed any costs in respect of any particular delivered by them unless the same is certified by the Court or a judge to have been proven or to have been reasonable and proper, without regard to the general costs of the case.
Page 267 - When it is said that an error in a specification which any workman of ordinary skill and experience would perceive and correct, will not vitiate a patent, it must be understood of errors which appear on the face of the specification or the drawings it refers to, or which would be at once discovered and corrected in following out the instructions given for any process or manufacture ; and the reason is, because such errors cannot possibly mislead. But...
Page 545 - ... resembling that name as to be calculated to deceive, except where the company in existence is in the course of being dissolved and signifies its consent in such manner as the registrar requires.