Page images

of address

46. If the registered proprietor of a trade mark send Alteration to the Comptroller, together with the prescribed fee, in register. notice of an alteration in his address, the Comptroller shall alter the register accordingly.

For Form of Notice, see Form M.

The fee payable is 5s., see First Schedule.

tion or

47. Whenever an order is made by the Court for Publication making, expunging, or varying an entry from or in the of rectificaregister, the Comptroller shall, if he thinks that such variation of rectification or variation should be made public, and at register. the expense of the person applying for the same, publish, by advertisement or otherwise, and in such manner as he thinks just, the circumstances attending the rectification or variation in the register.

For Notice of Alteration, see Form N.

troller of


48. Whenever the registered proprietor of any trade Notice to mark intends to apply for the leave of the Court to add Compto or to alter such trade mark, under section 92 of the Order of said Act, the notice to be given to the Comptroller shall Court for be given fourteen days at least before such application. of trade If leave be granted on such application the applicant shall mark under forthwith supply to the Comptroller such a number of representations of the trade mark as altered as he may deem sufficient.

The fee payable on rectification of the Register is 10s. See First Schedule.

section 92

of Act.


49. The Register of Trade Marks shall be open to the Hours of inspection of the public, on payment of the prescribed fee, inspection. on every weekday between the hours of ten and four,

except on the days and at the times following

(a.) Christmas Day, Good Friday, the day observed as Her Majesty's birthday, days observed as days of public fast or thanksgiving, and days observed as holidays at the Bank of England; or

(b.) Days which may from time to time be notified by

Dispensing with evidence.

a placard posted in a conspicuous place at the Patent Office;

(c.) Times when the register is required for any purpose of official use.

The fee for searching register, or the classified representations of Trade Marks is 1s. for every quarter of an hour, see First Schedule.


50. Where under these Rules any person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be produced to or left with the Comptroller, or at the Patent Office, and it is shown to the satisfaction of the Comptroller that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Comptroller, with the sanction of the Board of Trade, and upon the production of such other evidence, and subject to such terms as they may think fit, to dispense with any such act or thing, document, declaration, or evidence.

See also S. 99.


ment of documents.



51. Any document or drawing or other representation of a trade mark for the amending of which no special provision is made by the said Act may be amended, and any irregularity in procedure which in the opinion of the Comptroller may be obviated without detriment to the interests of any person may be corrected, if the Comptroller think fit, and on such terms as he may direct.


52. The time prescribed by these Rules for doing any troller may act, or taking any proceeding thereunder, may be enlarged enlarge time. by the Comptroller, if he think fit, and upon such notice

to other parties, and proceedings thereon, and upon such terms, as he may direct.


tions in

53. All applications to the Cutlers' Company for regis- Sheffield tration of a trade mark, under section 81 of the said Act, applicashall be in duplicate, accompanied by the prescribed fees duplicate. and representations.

The fees are the same as for other marks. See First Schedule.


54. The Cutlers' Company shall, within seven days of Notice to the receipt by them of an application to register a trade Compmark, send the Comptroller one copy of such application, by way of notice thereof, together with two representations of the mark for each class for which the applicant seeks registration.

55. (1.) The time within which the Comptroller shall Time withgive notice to the Cutlers' Company of any objection he Compmay have to the acceptance of an application for registra- troller may tion made to the said Company shall be one month from object to application the date of the receipt by the Comptroller of the notice made at from the said Company of the making of the application. Sheffield. See S. 81, Subs. (4) (5).

(2.) If no such objection is made by the Comptroller, Advertisethe Cutlers' Company shall require the applicant to send ment of application the Comptroller a wood block or electrotype as the Comp- made at troller may direct, and the Comptroller shall if satisfied Sheffield. with such wood block or electrotype, advertise the application in the same manner as an application made to him at the Patent Office.

to Cutlers'

(3.) The manner in which the Comptroller shall notify Manner of to the Cutlers' Company an application and proceedings notifying thereon made as mentioned in subsection 8 of section 81 Company of the said Act shall be by sending to the Cutlers' Company application a copy of the official paper containing the application of by Compwhich notice is required to be given, with a note dis- troller. tinguishing such application.


Similarity of proceed ings at London

and at Sheffield.



56. The provisions of these Rules as to forms, representations, the proceedings on opposition to registration, registration, and all subsequent proceedings shall, as far as the circumstances allow, apply to all applications to register made to the Cutlers' Company, and to all proceedings consequent thereon.

For Form of Appeal from Cutlers' Company at Sheffield see Form W.


57. The Comptroller, when required for the purpose of by Comp- any legal proceeding or other special purpose to give a certificate as to any entry, matter, or thing which he is authorised by the said Act or any of these Rules to make or do, may, on receipt of a request in writing, and on payment of the prescribed fee, give such certificate, and shall specify on the face of it the legal proceeding or other purpose for which such certificate is granted.

For Form of general certificate see Form U.

For Form for use in legal proceedings see Form S.

The fee for certificate for use in legal proceedings is 10s. See First Schedule.

As to certificates see Instructions, 39, post,

Manner in


58. The statutory declarations required by the said Act which, and and these Rules, or used in any proceedings thereunder, shall be made and subscribed as follows:

persons before whom, declaration is to be taken.

(a.) In the United Kingdom, before any justice of the peace, or any commissioner or other officer authorised by law in any part of the United Kingdom to administer an oath for the purpose of any legal proceeding;

(b.) In any other part of Her Majesty's dominions, before any court, judge, justice of the peace, or any officer authorised by law to administer an oath there for the purpose of a legal proceeding; and

(c.) If made out of Her Majesty's dominions, before a British Minister, or person exercising the functions of a British Minister, or a Consul, ViceConsul, or other person exercising the functions of a British Consul, or a notary public, or before a judge or magistrate.

im- Notice of sig- seal of offi.

cer taking such declaration been to prove itself.

59. Any document purporting to have affixed, pressed, or subscribed thereto or thereon the seal or nature of any person hereby authorised to take declaration in testimony of such declaration having made and subscribed before him, may be admitted by the Comptroller without proof of the genuineness of any such seal or signature, or of the official character of such person or his authority to take such declaration.


60. All general rules as to the registration of trade Previous marks beretofore made by the Lord Chancellor under the rules repealed. Trade Marks Registration Act, 1875, and in force on the 31st day of December 1883, shall be, and they are hereby repealed, as from that date, without prejudice, nevertheless, to any proceeding which may have been taken under such Rules.

See S. 113.


21st December, 1883.

President of the Board of Trade.

« PreviousContinue »