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Sects. 77, 78.
Name and address.
(1.) All chattels and articles to which any such trade mark or counterfeit trade mark is applied, or caused or procured to be applied;
(2.) Every instrument for applying any such trade mark or counterfeit trade mark in his possession or power;
(3.) The chattels and articles and things mentioned in clauses (d.), (e.), and (g.), and all similar things made to be used in like manner, in his possession or power.
Apart from the above Act, where a person knowingly, by a fraudulent imitation of a trade mark, induces people to buy and pay for articles in the belief they are buying certain things, when in fact they are buying other things, such person may be convicted of obtaining money on false pretences. The offence is committed though the representation is only as to quality (R. v. Ardley, 8 Cox, 262), or as to weight (R. v. Sherwood, 7 Cox, 270).
Register of Trade Marks.
78. There shall be kept at the patent office a book called the Register of Trade Marks, wherein shall be entered the names and addresses (a) of proprietors of registered trade marks, notifications of assignments and of transmissions (3) of trade marks, and such other matters as may be from time to time prescribed (y).
The name and address of the proprietor will be entered on the register on the registration of the mark (Trade Marks Rules, 30). Application for alteration of address may be made in Form M (Trade Marks Forms), the fee being 5s. for every mark.
Where a person becomes entitled to a trade mark by ments and assignment, transmission, or other operation of law, he may apply to be registered as proprietor by sending to the comptroller a request in Form K (Trade Marks Forms). The request is to state particulars of the assignment, or transmission, or other operation of law, so as to show the manner in which the trade mark has
become vested in the applicant, and that it has been Sects. assigned or transmitted in connection with the goodwill 78, 79. of the business concerned in the class of goods for which the trade mark was registered. The statements in the request must be verified by statutory declaration (Trade Marks Rules, 34-38).
The fees payable are 17. for the first mark, and 28. for each additional mark transmitted at the same time (first schedule to Trade Marks Rules). As to the particulars that require to be stated in cases of death, bankruptcy, &c., respectively, see note to sect. 55.
As to the effect of registration, see sects. 76, 77, and
As to rectification of register, see sect. 90.
79. (1.) At a time not being less than two months Removal of nor more than three months before the expiration of after fourfourteen years from the date of the registration of a teen years trade mark, the comptroller shall send notice to the unless fee registered proprietor that the trade mark will be removed from the register unless the proprietor pays to the comptroller before the expiration of such fourteen years (naming the date at which the same will expire) the prescribed fee (a); and if such fee be not previously paid, he shall at the expiration of one month from the date of the giving of the first notice send a second notice to the same effect.
(2.) If such fee be not paid before the expiration of such fourteen years the comptroller may, after the end of three months from the expiration of such fourteen years remove the mark from the register (ß), and so from time to time at the expiration of every period of fourteen years.
(3.) If before the expiration of the said three months the registered proprietor pays the said fee together with the additional prescribed fee (7), the comptroller may, without removing such trade mark
(a) 11. (Trade Mark Rules, First Schedule of Fees.) (B) See Trade Marks Rules, 79.
(7) 10s. (Trade Marks Rules, First Schedule.)
Sect. 79. from the register, accept the said fee as if it had been paid before the expiration of the said fourteen years.
Duration of original registration.
(4.) Where after the said three months a trade mark has been removed from the register for nonpayment of the prescribed fee, the comptroller may, if satisfied that it is just so to do, restore such trade mark to the register on payment of the prescribed additional fee (a).
(5.) Where a trade mark has been removed from the register for nonpayment of the fee or otherwise, such trade mark shall nevertheless, for the purpose of any application for registration during the five years next after the date of such removal, be deemed to be a trade mark which is already registered.
This section, which is based on Rules 30-33 of the Rules of May, 1876, provides for (1) the duration of the original registration, (2) the continuance of the registra tion, (3) the removal of a mark from the register, and (4) the restoration of a removed mark.
The original registration will be good for fourteen years and three months, and then, unless a renewal fee has been paid, the mark may be removed from the register. Such removal will deprive the registered proprietor of all rights under sects. 75-77, but by sub-sect. (5) such mark is for the purpose of any application for registration to be deemed to be a registered mark for five years from date of removal. This proviso has special reference to sect. 72, and therefore a mark similar to the removed mark cannot be registered for the same class of goods until such five years have elapsed.
The registered proprietor may continue the registraance of the tion by paying before the expiration of every fourteen registrayears the prescribed fee of 17. for each mark. Where any period of fourteen years has elapsed without such payment, the rights of the proprietor will be preserved, if within three months from the expiration of any period of fourteen years he pays an additional fee of 10s. for each mark. Due notice will be sent by the comptroller to all proprietors whose trade marks are about to expire.
(a) 17. (See First Schedule to Rules.)
The comptroller may remove the mark if the prescribed Sects. fees are not paid within any period of fourteen years and 79-81. three months, and a record of such removal and the cause thereof will be entered (Trade Marks Rules, 45).
Removal from the
If a trade mark has been removed from the register for register. non-payment of the prescribed fee, sub-sect. (4) gives a Restoradiscretionary power to the comptroller to restore such tion to the mark if he is "satisfied that it is just so to do," and on register. payment of a further additional fee of 11., i.e., a total fee of 21. 10s. for each mark.
It would seem that an application to restore a mark to the register might be made no matter what time has elapsed since the removal, inasmuch as no limit of time is laid down within which such application must be made. Lapse of time would undoubtedly be one of the elements to be taken into account in determining whether or not it was "just" to restore the mark.
80. There shall be paid in respect of applications Fees for and registration and other matters under this part of registrathis Act, such fees as may be from time to time, with the sanction of the Treasury, prescribed by the Board of Trade; and such fees shall be levied and paid to the account of Her Majesty's Exchequer in such manner as the Treasury may from time to time direct.
For list of fees prescribed, see first schedule to Trade Marks Rules.
81. With respect to the master, wardens, searchers, Registraassistants, and commonalty of the Company of Cut- tion by, lers in Hallamshire, in the county of York (in this Company Act called the Cutlers' Company) and the marks or devices (in this Act called Sheffield marks) assigned or registered by the master, wardens, searchers, and assistants of that Company, the following provisions shall have effect :
In the reign of James I., the cutlers living in Hallamshire, or within six miles distance therefrom, were incorporated under the corporate name of "The Master, Wardens, Searchers, Assistants, and Commonalty of the Company of Cutlers in Hallamshire, in the County of York." The 31 Geo. III. c. 58, restricted the Company to" the arts or trades of makers of knives, sickles, shears, scissors, razors, files, and forks," and provided that apprentices who had served seven years were on attaining the age of twenty-one to have a mark assigned to them.
The 41 Geo. III. c. 97 (Local), made the mark of a freeman assignable by will, and enacted that in default of a will the mark was to descend like personal property, subject to a life estate given to the widow.
The 54 Geo. III. c. 119 (Local), gave to any person carrying on certain specified trades within certain specified limits, though he was not a member of the Company, a right to have on application a mark assigned to him by the Company.
The 23 Vict. c. xliii. (Local), extended the provisions of previous Acts to "the arts or trades of manufacturers of steel, and makers of saws and edge-tools, and other articles of steel, or of steel and iron combined having a cutting edge," and permitted any one exercising any of the trades specified in the Acts within the specified limits to become a freeman of the Company and have a mark assigned.
This section is restricted to "marks or devices assigned or to be assigned" by the Cutlers' Company. The following persons are entitled to have a mark assigned to them :
1. Apprentices who have served seven years on attain-
3. Persons carrying on