(1.) The Cutlers' Company shall establish and Sect. 81. keep at Sheffield a new register of trade The marks (in this Act called the Sheffield Sheffield register): This new register is to take the place of the old register known as the Cutlers' Register. The marks registered in the latter register are to be transferred to the new register (sub-sect. (2)), and that within five years from the commencement of the Act (sub-sect. (9)), after which time the Cutlers' Register is to be deemed closed, and all marks not transferred to the new register are to be deemed abandoned. register. marks and regis marks assigned. (2.) The Cutlers' Company shall enter in the Shef- Transfer of field register, in respect of raw steel and already the goods mentioned in the next subsection, registered, all Sheffield marks entered before the com- tration of mencement of this Act in of cutlery, respect edge-tools, or raw steel, and such goods in the register established under the Trade Marks Registration Act, 1875, belonging to persons carrying on business in Hallamshire, or within six miles thereof, and shall also enter in such register, in respect of the same goods, all the trade marks which shall have been assigned by the Cutlers' Company and actually used before the commencement of this Act, but which have not been entered in the register established under the Trade Marks Registration Act, 1875: The Sheffield register, like the old register, is restricted to trade marks in respect of raw steel, cutlery, edge-tools, goods made of steel, or of steel and iron combined, whether with or without a cutting edge (sub-sect. (3)), belonging to persons carrying on business in Hallamshire, or within six miles thereof. This sub-section provides for (1) the transfer to the new register by the Cutlers' Company of all marks on the Sect. 81. old register, and (2) of the registration in the new register of marks assigned and actually used before the beginning of the Act but not registered. Application for new marks. Notice of application to be given to comptroller. As to assignment of marks, see note at head of this section. (3.) An application for registration of a trade mark used on cutlery, edge tools, or on raw steel, or on goods made of steel, or of steel and iron combined, whether with or without a cutting edge, shall, if made after the commencement of this Act by a person carrying on business in Hallamshire, or within six miles thereof, be made to the Cutlers' Company: The application is to be governed by the general provisions and rules of the Act (sub-sect. 7). The application is to be in duplicate (Trade Marks Rules, 53), and is to be made in the same way as an application to the comptroller in regard to other marks on Form F (Trade Marks Forms), but addressed as stated in the Instructions. The fees payable are the same as for other marks. See first schedule to Trade Marks Rules. Every application is to be notified to the comptroller (sub-sect. (4)), who may stop the application, subject to an appeal (sub-sects. (4) and (5)). As to applications by corporate bodies, see sub-sect. (11). As to applications by persons not carrying on business within the prescribed limits, see sub-sect. (8). (4.) Every application so made to the Cutlers' Company shall be notified to the comp- (a) Trade Marks Rules, 54. receipt of notice. Trade Marks Rules, 55. (5.) If the comptroller gives notice of objection as Sect. 81. aforesaid, the application shall not be proceeded with by the Cutlers' Company, but any person aggrieved may appeal to the Court. This section will enable the comptroller to prevent marks being registered in the Sheffield register by persons who do not fulfil the necessary conditions, e.g., who do not carry on business in Hallamshire, or within six miles thereof. The notice to the comptroller is to be given by the Cutlers' Company within seven days after the receipt by them of the application, by sending to the comptroller a copy of the application and two representations of the mark for each class for which the applicant seeks registration (Trade Marks Rules, 54). If the comptroller gives notice of objection, he must do so within one month from the date of the receipt of the notice from the Company (Trade Marks Rules, 54). The appeal of the Court as to which no special provision is made by the rules would seem under the general provisions of Trade Marks Rules, 56, to be made by summons under rule 29. troller. (6.) Upon the registration of a trade mark in the Notice of Sheffield register the Cutlers' Company registrashall give notice thereof to the comptroller, given to who shall thereupon enter the mark in the compregister of trade marks; and such registration shall bear date as of the day of application to the Cutlers' Company, and have the same effect as if the application had been made to the comptroller on that day: The object of this section is to enable the comptroller to know what marks are registered. This is essential, inasmuch as these marks are subject to the provisions of the Act as to effect, &c.; and by sect. 79 the comptroller has to give to the registered proprietor every fourteen years, notice that the mark will be removed unless re-registered. Sect. 81. Provisions of this Act applicable to Sheffield marks. Life estate The registration is to date not from the date on which the mark was assigned but from the day of application for registration. (7.) The provisions of this Act, and of any general rules made under this Act, with respect to application for registration in the register of trade marks, the effect of such registration, and the assignment and transmission of rights in a registered trade mark, shall apply in the case of applications and registration in the Sheffield register; and notice of every entry made in the Sheffield register must be given to the comptroller by the Cutlers' Company, save and except that the provisions of this sub-section shall not prejudice or affect any life estate, and interest of a widow of the holder of any Sheffield mark which may be in force in respect of such mark at the time when it shall be placed upon the Sheffield register: Trade Marks Rules, 56, is founded on this section. The definition of a trade mark contained in sect. 64 does not apply to these Sheffield marks. This section deals only with marks after they have been assigned by the Company. As to what marks can be so assigned, see note at head of section. As to the form of application, see sect. 62; the effect of registration, sects. 75-77; assignment and transmission, sects. 70 and 87. By the 41 Geo. III. c. 97 (Local), the widow of a of widow. freeman has, during her widowhood or future coverture, a life estate in the freeman's trade marks which she may dispose of. Subject to this estate the trade marks are to pass in the same way as any other personal estate, but by 54 Geo. III. c. 119 (Local), not more than one person of the family shall be entitled to use the mark at the same time. Applications from persons (8.) Where the comptroller receives from any person not carrying on business in Hallam business shire, or within six miles thereof, an appli- Sect. 81. The manner in which the comptroller is to notify the application is by sending to the Cutlers' Company a copy of the Official Journal containing the application, with a note distinguishing such application (Trade Marks Rules, 54 (3)). limits. register. (9.) At the expiration of five years from the com- Close of mencement of this Act the Cutlers' Com- Cutlers' pany shall close the Cutlers' register of corporate trade marks, and thereupon all marks entered therein shall, unless entered in the Sheffield register, be deemed to have been abandoned: This section allows five years as the time within which all marks are to be transferred from the old to the new register under sub-sect. (2). registered more (10.) A person may (notwithstanding anything in Persons any Act relating to the Cutlers' Company) may be be registered in the Sheffield register as for two or proprietor of two or more trade marks: marks. (11.) A body of persons, corporate or not corporate, A body may (notwithstanding anything in any Act corporate relating to the Cutlers' Company) be registered in the Sheffield register as proprietor of a trade mark or trade marks : may be registered. (12.) Any person aggrieved by a decision of the Appeal to Cutlers' Company in respect of anything comp done or omitted under this Act may, in the troller. |