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FORMS.

4. The Form F in the First Schedule to the said Act, Forms. shall be altered or amended by the substitution therefor of the Form F in the Second Schedule to these Rules.

5. (1) An application for registration of a trade mark shall be made in the Form F in the Second Schedule to these Rules; (2) The remaining forms in such Schedule may be used in all cases to which they are applicable.

CLASSIFICATION OF GOODS.

tion of

6. For the purposes of trade marks registration and of Classificathese Rules goods are classified in the manner appearing goods.

in the Third Schedule hereto.

If any doubt arises as to what class any particular description of goods belongs to, the doubt shall be determined by the Comptroller.

See also the note at the head of the Third Schedule.

By S. 65, a trade mark must be registered for particular goods, or classes of goods.

APPLICATION FOR REGISTRATION.

tion by firm.

7. An application for registration of a trade mark, if Applicamade by any firm or partnership, may be signed by some one or more members of such firm or partnership, as the case may be.

If the application be made by a body corporate it may be signed by the Secretary or other principal officer of such body corporate.

The signature should be as a "member of the firm," or "for the company." See Form F.

8. An application for registration and all other com- Agency. munications between the applicant and the Comptroller may be made (a) by or through an agent duly authorised (b) to the satisfaction of the Comptroller.

(a) Communications may also be made by post.

(b) The agent must be authorised in writing. See Instructions, 12, post.

Acknow

9. On receipt of the application the Comptroller shall ledgment furnish the applicant with an acknowledgment thereof.

of application. Contents of form of

10. Where application is made to register a trade mark which was used by the applicant or his predecessors in application. business before the 13th of August, 1875, the application shall contain a statement of the time during which and of the person by whom it has been so used in respect of the goods mentioned in the application.

Size, &c., of documents.

Qualifica

As to old trade marks see S. 64, Subs. (3).
As to classes 23-25 see Instructions, post.

11. Subject to any other directions that may be given by the Comptroller, all applications, notices, counterstatements, representations of marks, papers having representations affixed, or other documents required by the said Act or by these Rules to be left with or sent to the Comptroller or to the Cutlers' Company, shall be upon foolscap paper of a size of 13 inches by 8 inches, and shall have on the left-hand part thereof a margin of not less than one inch and a half.

12. In the case of an application for the registration of tion of me- a trade mark used on any metal goods, other than cutlery, tal goods. edge tools, and raw steel, the applicant shall state in the specification of goods in the form of application of what metal or metals the goods in respect to which he applies are made.

Repre

of trade

mark.

See classes 5 to 14 as to metal goods, and Instructions, 14, post.

13. Subject to any other directions that may be given sentation by the Comptroller, three representations of each trade mark, except in the case of marks applied for in classes 23 to 35 (a) inclusive, must be supplied upon paper of the size aforesaid, and must be of a durable nature. One of such representations must be made upon or affixed to the form of application, the others upon separate half-sheets. In the case of trade marks exceeding the limits of the foolscap paper of the size aforesaid, such marks may be pasted and folded upon the sheets of foolscap.

In the case of marks applied for in classes 23 to 35

inclusive, the applicant shall supply four representations of each mark for each class (a).

Where a drawing or other representation or specimen cannot be given in manner aforesaid, a specimen or copy of the trade mark may be sent either of full size or on a reduced scale, and in such form as the Comptroller may think most convenient,

The Comptroller may, if dissatisfied with the representation of a trade mark, require a fresh representation, either before he proceeds with the application or before he registers the trade mark.

The Comptroller may also, in exceptional cases, deposit in the Patent Office a specimen or copy of any trade mark which cannot conveniently be shown by a representation, and may refer thereto in the register in such manner as he may think fit.

(a) For Forms of representation see Forms F and G.

Classes 23 to 35 relate to cotton, linen, hemp, jute, silk, wool, and similar goods.

For additional fee (2s. for each additional inch), where trade mark requires more than 2 inches of the Trade Marks Journal, see First Schedule.

sentations

14. When an application relates to a series of trade Repremarks differing from one another in respect of the par- of a series ticulars mentioned in section 66 of the said Act, a repre- of trade sentation of each trade mark of the series shall be made marks. or affixed upon the form of application and also upon each of the separate half-sheets of paper aforesaid.

See note to S. 66, and Instructions, 18, post.

characters.

15. Wherever a mark consists of or includes words printed Translation in other than Roman character, there shall be given at the of foreign foot or on the back of each representation a translation of such words, signed by the applicant or his agent.

This Rule relates to marks that would be called "fancy words." See note to S. 64, Subs. (C).

other Mode of

16. Any application, statement, notice, or document authorised or required to be left, made, or sending given at the Patent Office, or to the Comptroller, or to

notices, &c.

Hearing by

Comptroller.

Notice of

heard be

any other person under these Rules, may be sent by a prepaid letter through the post, and if so sent shall be deemed to have been left, made, or given respectively at the time when the letter containing the same would be delivered in the ordinary course of post.

In proving such service or sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.

This Rule forms S. 97 of the Act.

EXERCISE OF DISCRETIONARY POWERS.

17. Before exercising any discretionary power given to the Comptroller by the said Act adversely to the applicant for registration of a trade mark, the Comptroller shall give him ten days' notice of the time when he may be heard personally or by his agent before the Comptroller.

See S. 94.

18. Within five days from the date when such notice wish to be would be delivered in the ordinary course of post, the fore Comp- applicant shall notify to the Comptroller whether or not he intends to be heard upon the matter.

troller.

Notifica

tion of decision.

Appeal to
Board of

Trade.

If such notice be not received, the applicant will be made aware of it on receiving notice of Comptroller's decision.

19. The decision of the Comptroller in the exercise of any such discretionary power as aforesaid shall be notified to the applicant.

As to definition of applicant, see Rule 40.

APPEAL TO THE BOARD OF TRADE.

20. Where the Comptroller refuses to register a trade mark, and the applicant intends to appeal to the Board of Trade from such refusal, he shall, within one month from the date of the decision appealed against, leave at the Patent Office, Trade Marks Branch, a notice of such his intention.

As to appeal see S. 62, Subs. (4), (5).
For Form of Appeal see Form K.

21. Such notice shall be accompanied by a statement Statement of the grounds of appeal, and of the applicant's case in of grounds of appeal. support thereof.

notice to

22. The applicant shall forthwith on leaving such notice Copy of send a copy thereof to the Secretary of the Board of Trade, No. 7, Whitehall Gardens, London.

Board of

Trade.

23. The Board of Trade may thereupon give such Directions directions (if any) as they may think fit with respect to by Board. evidence, or otherwise, for the purpose of the hearing of the appeal by the Board of Trade, or for the purpose of their referring the appeal to the Court to hear and determine the same.

time of

hearing.

24. Where the Board of Trade intend to hear the Notice of appeal, seven days' notice, or such shorter notice as the Board of Trade may in any particular case direct, of the time and place appointed for the hearing, shall be given to the Comptroller and the applicant.

ADVERTISEMENT OF APPLICATION.

25. Every application shall be advertised by the AdvertiseComptroller in the official paper, during such times, and ment of in such manner as the Comptroller may direct.

If no representation of the trade mark be inserted in the official paper in connexion with the advertisement of an application, the Comptroller shall refer in such advertisement to the place or places where a specimen or representation of the trade mark is deposited for exhibition.

See S. 68.

application.

26. The official paper for the purposes of these Rules Definition shall be some paper published under the direction of the of official Board of Trade, or such other paper as such Board may from time to time direct.

The official paper is The Trade Marks Journal.

paper.

27. For the purposes of such advertisement the appli- Means of cant may be required to furnish a wood block or electro- advertising type (or more than one, if necessary) of the trade mark, to be sup

trade mark

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