Page images

"Patent," "Patented," will not be registered under the Patents, Designs, and Trade Marks Act, 1883, and should not, therefore, appear upon the Representations of Trade Marks forming part of an application.

31. The following will not be registered as Trade Marks, or as prominent parts of Trade Marks, unless the Marks have been used before 13th August, 1875:

Representations of Her Majesty the Queen, or of any member of the Royal family.

Representations of the Royal Crown.
National Arms or Flags.

Prize or Exhibition Medals.

32. When there appears on the face of a Trade Mark an indication of the goods to which the Mark is applied, the claim for its registration must be in respect of those goods only.


33. The following is a form of Counter-statement :Patents, Designs, and Trade Marks Act, 1883. Trade Marks.

In the Matter of an Application No.
and of the Opposition thereto No.

In reply to the Notice of Opposition in this matter by


[ocr errors]

I give notice by way of Counterstatement that I rely for my Application on the following grounds :

(To be dated and signed by the Applicant or his Solicitor.)

To the Comptroller,

Patent Office,

Trade Marks Branch,

25, Southampton Buildings,

(a) See s. 69.

The following is a Form of Bond which the Comptroller is able to accept from persons opposing Applications, and who have been required to give security for costs :-(a)

Patents, Designs, and Trade Marks Act, 1883.
Trade Marks.

In the Matter of an Application No.

and of the Opposition thereto No.

Know all men by these presents that we




are jointly and severally held

and firmly bound to Henry Reader Lack the ComptrollerGeneral of Patents Designs and Trade Marks in the penal sum of pounds of good and lawful money of Great Britain to be paid to the said Henry Reader Lack or to other the Comptroller-General of Patents Designs and Trade Marks for the time being for which payment to be well and faithfully made we bind ourselves and each of us our and each of our heirs executors and administrators firmly by these presents sealed with our Seals.

Dated this


[blocks in formation]

Whereas pursuant to the provisions of the Patents Designs and Trade Marks Act 1883 and of the Trade Marks Rules 1883 an application (No. ) has been made by to the Comptroller-General of Patents Designs and Trade Marks for the registration of a certain Trade Mark. And whereas the above-bounden have delivered a notice of oppo

sition to such registration and the said

have sent to the said Comptroller-General a counterstatement of the grounds on which they rely for their application And whereas the said Comptroller-General pursuant to the terms of the said Act hath required the said to enter into the above-written obligation (subject to the condition herein-after contained) as security for such costs as may be awarded in respect of such opposition.

(a) See s. 69.

Now the condition of the above-written obligation is such that if the said or either of them their or either of their heirs executors or administrators do and shall well and truly pay or cause to be paid to

all such costs as the High Court of Justice shall think fit to award to the said in respect of the said opposition then the above-written obligation is to be void or else to remain in full force and virtue.

[blocks in formation]

34. Before he is required to bring an opposition matter before the Court under Rule 29, the Applicant is afforded an opportunity of objecting, if he think fit, to the solvency of the security for the costs which may be awarded in respect of the opposition.


35. See the First Schedule to the Trade Mark Rules, 1883, and the List of Forms, para. 3, of these Instructions.

36. An Application for the Registration of a Trade Mark will not be entered by the Comptroller unless it be accompanied by the proper fees in impressed stamps.


37. By section 81, sub-section 3 of the Patents, Designs, and Trade Marks Act, 1883, application for the registration of Trade Marks 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 by a person carrying on business in Hallamshire, or within six miles thereof, be made to the Cutlers Company. See Rules 53 to 56 and para. 14 of these Instructions. Applications made to the Cutlers Company in pursuance of section 81 of the Patents, Designs, and Trade


Marks Act, 1883, should be made on Form " F.," address in the left-hand corner to be, "To the Cutlers Company, Sheffield," instead of "To the Comptroller,” and should be left at, or sent by post to, the Cutlers Hall, Sheffield.

Each application should be accompanied by an unstamped copy on foolscap paper. See Rule 53.

Applications sent by post should be addressed


The Law Clerk,

The Cutlers Hall,



38. For the convenience of merchants and manufacturers engaged in the Cotton Trade, and for the purpose of facilitating the recording of Trade Marks used in respect of Cotton Goods, an office will be opened at 48, Royal Exchange, Manchester, where searches can be made on payment of 1s. for each quarter of an hour for all Marks in classes of Textiles from Class 23 to Class 35.


39. The Comptroller's Certificate (a) in relation to a Trade Mark is of four kinds, viz.—

(i.) For use in legal proceedings.

(ii.) For use in applying for registration in Foreign Countries.

(iii.) Of any application made and proceedings


(iv.) A certificate of refusal of a Mark in use before 13th August, 1875, and not registerable.

40. A person desirous of obtaining any of the above Certificates should forward Form "R," Form "S," Form

(a) See s. 96.

"T," (a) or Form "L" (see para. 3), as the case may be, to the Comptroller, giving the Comptroller's official number of the Mark, and stating whether the Certificate is required for use in legal proceedings, or for use in applying for the registration of the Mark in a Foreign Country, or for what other purpose.

The form should be accompanied by two unmounted copies of each Mark for which a Certificate is required.

41. In every case where a Certificate is required in respect of a Cotton Mark, or in respect of any Trade Mark of which the representations or specimens forming part of the application for registration are coloured, two unmounted copies of the Mark, must be supplied, agreeing in every respect with the representations forming part of the Application for Registration. Special attention should be paid to this requirement, as the Certificate cannot in any such case be prepared until these unmounted copies are received by the Comptroller.


42. The Request and Declaration to be made by a subsequent Proprietor on application for the registration in his name of a registered Trade Mark must be made on Form "K" (see para. 3).



Patent Office, Trade Marks Branch,


January 1884.

(a) This Form was not in the Forms originally issued.

« PreviousContinue »