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the register. By Patents Rules, 75, copies may be obtained of any entry on the register. This is not the case with designs. A copy of a design can only be obtained when the copyright has expired (sect. 52, sub-sect. (2), Designs Rules, 33), but a certificate may be obtained of the existence of the copyright under sect. 53. No provision exists as to copies from Trade Marks Register, except what is contained in this and the following section.
89. Printed or written copies or extracts, purport- Sealed ing to be certified (a) by the comptroller and sealed copies to with the seal of the patent office, of or from patents, in evidence. specifications, disclaimers, and other documents in the patent office, and of or from registers and other books kept there, shall be admitted in evidence in all Courts in Her Majesty's dominions, and in all proceedings, without further proof or production of the originals (B).
This section is based on sect. 4 of the Patent Law Amendment Act, 1852; Rule 41, Trade Marks Registration Acts, 1875--7, and sect. 16 of the Copyright of Designs Act, 1842.
The certified copy or extract must now in all cases be Certificate sealed with the seal of the Patent Office, and in the case to specify legal proof certificates, of any entry on the Registers of Designs ceedings. or Trade Marks the legal proceeding for which the certificate is granted is to be stated (Designs Rules, 57; Trade Marks Rules, 34).
No similar provision is to be found in the Patent Rules.
Certified and sealed copies of all specifications, drawings, and amendments are deposited in the Edinburgh Museum of Science and Art, the Eurolments Office of the Chancery Division in Ireland, and the Rolls Office in the Isle of Man, and certified copies or extracts can be there obtained and will be admitted as evidence in Scotland, Ireland, and the Isle of Man (sect. 100).
(a) Patents Forms, Q; Designs Forms, J; Trade Marks Forms,
(8) Patents Rules, 76; Designs
Rules, 34; Trade Marks Rules,
Rectification of registers
90. (1.) The Court may, on the application (a) of any person aggrieved by the omission without sufficient cause of the name of any person from any register by court. kept under this Act, or by any entry made without sufficient cause in any such register, make such order for making, expunging, or varying the entry, as the Court thinks fit; or the Court may refuse the application; and in either case may make such order with respect to the costs of the proceedings as the Court thinks fit.
(2.) The Court may in any proceeding under this section decide any question that it may be necessary or expedient to decide for the rectification of a register, and may direct an issue to be tried for the decision of any question of fact, and may award damages to the party aggrieved.
(3.) Any order of the Court rectifying a register shall direct that due notice of the rectification be given to the comptroller (8).
Under the Patent Law Amendment Act, 1852, sect. 38, the register of patents could only be rectified by leave of the Master of the Rolls. This jurisdiction was, by the Judicature Act, 1873, sect. 16, sub-sect. 1, transferred to the High Court of Justice (In re Morgan's Patent, 24 W. R. 245). This section extends the principle of sect. 5 of the Trade Marks Registration Act, 1875, to all the registers kept under this Act, and enables any one of them to be rectified by order of the Court.
Though the object of the Trade Marks Act is to protect trade marks in use and intended to be used continuously in this country, a person who is not carrying on any business in this country and whose English agent has registered his trade mark in his own name, may be entitled to have the register rectified under this section. as a "person aggrieved" (In re Riviere's Trade Mark, Times, 7th Feb., 1884).
(a) Probably by motion. No rule has been made on the subject.
(B) Office copy of order is to
be left at office, Patents Rules, 71; Designs Rules, 28; Trade Marks Rules, 44.
This section does not apply to changes necessary owing to devolution of the mark (Ward & Sturt's Trade Mark, 44 L. T. 97).
It is very doubtful if an application for removal of a trade mark from the register on account of the proprietor ceasing to be engaged in the business, could be made under this section similar to that which could have been made under Rules of 1875, Rule 33, as to which see In re Ralph's Trade Mark, W. N. 1883, p. 81.
Lapse of five years from registration will not take away power of the Court to remove from register a mark that ought not to have been registered (In re Palmer's Application, 21 Ch. D. 47), and if an old mark common to the trade has been registered it may be removed (In re Hyde & Co.'s Trade Mark, L. R. 7 Ch. 724). As to marks registered under wrong name, see In re Rust's Trade Mark, 44 L. T. 98 (n.).
91. The comptroller may, on request in writing, Power for comptroller accompanied by the prescribed fee (a),— to correct (a.) Correct any clerical error in or in connexion clerical with an application for a patent, or for registration of a design or trade mark (ß); or (b.) Correct any clerical error in the name, style, or address (y) of the registered proprietor of a patent, design, or trade mark.
(c.) Cancel the entry or part of the entry of a trade mark on the register: Provided that the applicant (8) accompanies his request by a statutory declaration made by himself, stating his name, address, and calling, and that he is the person whose name appears on the register as the proprietor of the said trade mark.
Sub-sections (a) and (b) are restricted to the correction of clerical errors. Substantial errors in the specifications of letters patent may be corrected by leave under sect. 18.
(a) 58. See Schedules of Fees. (8) For Form of Request, see Patents Forms, P; Designs Forms, M; Trade Marks Forms, Q.
(2) For Form of Request, see Patents Forms, R; Designs Forms, M; Trade Marks Forms, M.
(8) For Form of Application, see Trade Marks Forms, O.
Sects. It is very doubtful if this section gives the comptroller 91, 92. power to correct a clerical error in letters patent themselves.
Alteration of regis
As to substantial alterations of a trade mark, see sect. 92. Sub-section (c) is taken from the rule of 4 Feb., 1878. The statutory declaration may in the United Kingdom be taken before any officer authorised to administer an oath for the purpose of any legal proceeding. In other parts of Her Majesty's dominions, it may be taken before any officer authorised there to administer an oath in legal proceedings; whilst out of Her Majesty's dominions it may be taken before a British minister, consul, viceconsul, notary public, judge, or magistrate (Trade Marks Rules, 58).
92. (1.) The registered proprietor of any registered trade mark may apply to the Court (a) for leave to add to or alter such mark in any particular, not being an essential particular within the meaning of this Act (B), and the Court may refuse or grant leave on such terms as it may think fit.
(2.) Notice (y) of any intended application to the Court under this section shall be given to the comptroller by the applicant; and the comptroller shall be entitled to be heard on the application.
(3.) If the Court grants leave, the comptroller shall, on proof thereof (8), and on payment of the prescribed fee (€), cause the register to be altered in conformity with the order of leave.
This section is based on rules 35-37 of the Trade Marks Registration Act, 1875.
No alteration will be allowed that amounts to an alteration in an 66 essential particular," as to which, see sect. 64. No rules have as yet been made regulating applications under this section save Trade Marks Rules, 44 (c), which requires a copy of the order of the Court to be left with the comptroller, and rule 48 requiring notice of any application to the Court to be given to the comptroller.
93. If any person makes or causes to be made a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in Falsificaany such register, or produces or tenders, or causes to entries in be produced or tendered in evidence any such writ- registers, ing, knowing the entry or writing to be false, he shall
be guilty of a misdemeanor.
This section is based on sect. 37 of the Patent Law Amendment Act, 1852.
Three offences are here mentioned :
1. Making or causing to be made a false entry in a
2. Making or causing to be made a writing falsely
3. Producing, tendering, or causing to be produced
See sect. 89 as to receiving copies from regis
ter in evidence.
Such offence is made a misdemeanor, and will therefore be punishable with fine and imprisonment at the discretion of the judge (see Stephens' Digest of Criminal Law, p. 14).
94. Where any discretionary power is by this Act Exercise of given to the comptroller, he shall not exercise that power adversely to the applicant for a patent, or for by comp amendment of a specification, or for registration of a trade mark or design, without (if so required within the prescribed time (a) by the applicant) giving the applicant an opportunity of being heard personally or by his agent (8).
This section secures to the applicant the right to be heard before the comptroller in applications for patents
(a) Five days from the date that the notice of comptroller would be delivered by post (Patent Rules, 12; Designs Rules, 14; Trade Marks Rules, 18).
(8) Comptroller gives fourteen days' notice (Patents Rules, 11; Designs Rules, 13; Trade Marks Rules, 17).