plied to official paper. Advertise ment of series. Manner of bringing case before Court. of such dimensions as may from time to time be directed by the Comptroller, or with such other information or means of advertising the trade mark as may be required by the Comptroller; and the Comptroller, if dissatisfied with the block or electrotype furnished by the applicant or his agent, may require a fresh block or electrotype before proceeding with the advertisement See Instructions, 21-28, post, as to blocks and electrotypes. 28. When an application relates to a series of trade marks differing from one another in respect of the particulars mentioned in section 66 of the said Act, the applicant may be required to furnish a wood block or electrotype (or more than one, if necessary) of any or of each of the trade marks constituting the series; and the Comptroller may, if he thinks fit, insert with the advertisement of the application a statement of the manner in respect of which the several trade marks differ one from another It is published once a week, and copies may be seen at the Patent Office Library, Southampton Buildings, Chancery Lane, and the Patent Museum, South Kensington. OPPOSITION TO REGISTRATION. 29. (1.) Where a case stands for the determination of the Court, under the provisions of section 69 of the said Act, the Comptroller shall require the applicant within one month, or such further time as the Comptroller may allow, to issue a summons in the chambers of a judge of Her Majesty's High Court of Justice for an order that notwithstanding the opposition of which notice has been given the registration of the trade mark be proceeded with by the Comptroller, or to take such other proceedings as may be proper and necessary for the determination of the case by the Court. (2.) The applicant shall thereupon issue such summons, or take such other proceedings as aforesaid, within the period of one month above named, or such further time as the Comptroller may allow, and shall also within the like period give notice thereof to the Comptroller. (3.) If the applicant shall fail to issue such summons or to take such other proceedings, of which failure the non-receipt by the Comptroller of the said notice shall be sufficient proof, the applicant shall be deemed to have abandoned his application. tice that (4.) Such notice to the Comptroller shall be given by Mode of delivering at or sending to the Patent Office a copy of the giving nosummons or other initiatory proceeding bearing an endorse- the matter ment of service signed by the applicant or his solicitor, or an endorsement of acceptance of service signed by the before the opponent or his solicitor. For Form of opposition see Form J. REGISTER OF TRADE MARKS. has been brought Court. of trade 30. As soon as may be after the expiration of two Time of remonths from the date of the first advertisement of the gistration application, the Comptroller shall, subject to any such marks. summons or other proceeding as aforesaid and the determination of the Court thereon if he is satisfied that the applicant is entitled to registration, and on payment of the prescribed fee, enter the name, address, and description of the applicant in the Register of Trade Marks as the registered proprietor of the trade mark in respect of the particular goods or classes of goods described in his application. See S. 78. As to fees see First Schedule. before re mark may 31. In case of the death of any applicant for a trade Where apmark after the date of his application, and before the plicant dies trade mark applied for has been entered on the register, gistration, the Comptroller, after the expiration of the prescribed the trade period of advertisement, may, on being satisfied of the be regisapplicant's death, enter on the register, in place of the tered for name of such deceased applicant, the name, address, and good-will of description of the person owning the goodwill of the business. business, if such ownership be proved to the satisfaction of the Comptroller. This rule is new. See Form K. successor to Entries to 32. Upon registering any trade mark the Comptroller be made in shall enter in the register the date on which the applicaregister. Notice of registration. tion for registration was received by the Comptroller (which day shall be deemed to be the date of the registration) and such other particulars as he may think necessary. 33. The Comptroller shall send notice to the applicant of the registration of his trade mark, together with a reference to the advertisement of such trade mark in the official paper. Request by 34. Where a person becomes entitled to a registered subsequent trade mark by assignment, transmission, or other proprietor. operation of law, a request for the entry of his name in the register as proprietor of the trade mark shall be As to connection of trade mark with goodwill see S. 70. Signature 35. Such request shall in the case of an individual be of request. made and signed by the person requiring to be registered as proprietor, and in the case of a firm or partnership by some one or more members of such firm or partnership, or in either case by his or their agent respectively duly authorised to the satisfaction of the Comptroller, and in the case of a body corporate by their agent, authorised in like manner. Contents of request. For Form of request see Form K. 36. Every such request shall state the name, address, and description of the person claiming to be entitled to the trade mark (hereinafter called the claimant), and the particulars of the assignment, transmission, or other operation of law, by virtue of which he requires to be entered in the register as proprietor, so as to show the manner in which, and the person or persons to whom, the trade mark has been assigned or transmitted, and so as to show further that it has been so assigned or transmitted in connexion with the goodwill of the business concerned in the particular goods or classes of goods for which the trade mark has been registered. Marriage of a female proprietor no longer acts as a transmission of the trade mark. See Married Women's Property Act, 1882. In case of Death, particulars should be given of the Will or Letters of Administration. In the case of Bankruptcy, particulars should be given of the certificate of appointment of the trustee since such certificate operates as an assignment. Bankruptcy Act, 1883, S. 55 (4). As to goodwill on dissolution or termination of partnership see Lindley, II. 859, and S. 138. to accom pany re 37. Every such request shall be accompanied by a Declaration statutory declaration to be thereunder written, verifying the several statements therein, and declaring that the quest. particulars above described comprise every material fact and document affecting the proprietorship of the trade mark as claimed by such request. For Form of declaration see Form K, and as to the declaration see Rule 58. 38. The claimant shall furnish to the Comptroller such Further other proof of title and of the existence and ownership of proof of such goodwill as aforesaid as he may require for his satisfaction. title if re quired. 39. A body corporate may be registered as proprietor Body corby its corporate name. porate. 40. The term " applicant in Rules 17, 18, and 19 Definition shall include each of several persons claiming to registered as proprietor of the same trade mark. be of appli cant. claimants. 41. Whether all of such persons so claiming require to Compbe heard before the Comptroller or not, he may, before troller may require exercising the discretion vested in him, by section 71 of statement the said Act, require such persons, or any or either of from rival them, to submit a statement in writing within a time to be notified by him, or to attend before him and make oral explanations with respect to such matters as the Comptroller may require. 42. Where each of several persons claims to be regis- Submission tered as proprietor of the same trade mark, and the to Court of conflicting claims. Comptroller refuses to register any of them until their rights have been determined according to law, the manner in which the rights of such claimants may be submitted to the Court by the Comptroller or if the Comptroller so require, by the claimants, shall, unless the Court otherwise order, be by a special case; and such special case shall be filed and proceeded with in like manner as any other special case submitted to the Court, or in such other manner as the Court may direct. See S. 71. Settlement 43. Where the special case is to be submitted to the of special parties it may be agreed to by them, or if they differ, may be settled by the Comptroller on payment of the prescribed fees. case. The fees for settling the special case is 21. See First Schedule. 44. Where an order has been made by the Court in either of the following cases, viz. :— (a) allowing an appeal under section 62 of the said Act; (b) disallowing an opposition to registration under sec, tion 69; or, (c) under the provisions of sections 72, 90, or 92 of the said Act, the person in whose favour such order has been made, or such one of them, if more than one, as the Comptroller may direct, shall forthwith leave at the Patent Office an office copy of such order. The register shall thereupon be rectified or altered, or the purport of such order shall otherwise be duly entered in the register, as the case may be. Removal of 45. Where a trade mark has been removed from the mark from register for nonpayment of the prescribed fee or otherregister. wise, under the provisions of section 79 of the said Act, the Comptroller shall cause to be entered in the register a record of such removal and the cause thereof. For Forms of Application and declaration to cancel a mark, see Forms O and P. See also S. 91. |