Reports of Patent, Design, and Trade Mark Cases, Volume 33Published at the Patent Office Sales Branch, 1916 - Design protection |
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Common terms and phrases
action advertisements alleged Application to register ASTBURY ball Bovril brands British United Shoe calculated to deceive carbon carried on business cavities connection Cording Ld Court of Appeal Defendant Company DESIGN AND TRADE discretion dismissed with costs evidence fact filaments Gillow Ld Gnidroc heel blank held Horlick's Malted Milk ILLUSTRATED OFFICIAL JOURNAL infringement invented word John Marston Justice Kerly labels Letters Patent Lord Machine Company Ld Machinery Company Ld Malted Milk manufacture MARK CASES Vol Marks Act 1905 matter means OFFICIAL JOURNAL PATENTS Ogee operation Opponents paragraph Particulars of Objections passing-off Plaintiffs position Pursuers question R. H. Hall referred refused Regent register a Trade Registrar of Trade REPORTS OF PATENT Respondents SARGANT Section 11 Shoe Machinery Company sold Specification Statement of Claim subject-matter Sunbeam Trade Marks Act tungsten ubi supra United Shoe Machinery upper Walter K.C. Waring & Gillow whisky XXXIII
Popular passages
Page 413 - This Act shall not apply to designs capable of being registered under the Patents and Designs Act, 1907, except designs which, though capable of being so registered, are not used or intended to be used as models or patterns to be multiplied by any industrial process.
Page 280 - Esher's judgment at p. 491 : i have for a long time understood that rule to be that the Court has no right to imply in a written contract any such stipulation, unless, on considering the terms of the contract in a reasonable and business manner, an implication necessarily arises that the parties must have intended that the suggested stipulation should exist.
Page 287 - I can quite understand suggesting other words — compound words, or foreign words, as to which it would be impossible to say that they were invented words, although perhaps never seen before, or that they did not indicate the character or quality of the goods, although as words of the English tongue they had never been seen before. Suppose a person were to attempt to register as a single English word
Page 287 - There must be invention, and not the appearance of invention only. It is not possible to define the extent of invention required ; but the words, I think, should be clearly and substantially different from any word in ordinary and common use. The employment of a word in such use, with a diminutive or a short and meaningless syllable added to it, or a mere combination of two known words, would not be an invented word ; and a word would not be
Page 129 - ... to the Registrar in the prescribed manner. (2) Subject to the provisions of this Act the Registrar may refuse such application, or may accept it absolutely or subject to conditions, amendments, or modifications.
Page 76 - 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 414 - Commissioner referred to in section three hundred and two of the Government of India Act, 1935; and any legal proceedings which, immediately before the appointed day, are the subject of an appeal to His Majesty in Council, or of a petition for special leave to appeal to His Majesty in Council, shall be treated for the purposes of this section as legal proceedings pending in the United Kingdom.
Page 242 - Court or a judge, at any subsequent time, particulars of any objections on which he relies in support thereof. (3.) If the defendant disputes the validity of the patent, the particulars delivered by him must state on what grounds he disputes it, and if one of those grounds is want of novelty must state the time and place of the previous publication or user alleged by him.
Page 127 - Those sections prohibit the registration of a trade mark in certain specified cases ; but there is no duty cast upon the comptroller of registering every other trade mark that may be applied for. On the contrary, whilst he is in certain cases prohibited from registering, a discretion whether to register or not appears to me to be in all cases plainly conferred. Of course this discretion must be reasonably and not capriciously exercised ; but it is, in my opinion, a reasonable exercise of it to refuse...
Page 183 - You must not use a name, whether fictitious or real — you must not use a description, whether true or not, which is intended to represent, or calculated to represent, to the world that your business is my business, and so, by a fraudulent misstatement, deprive me of the profits of the business which would otherwise come to me.