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App. B. always that in case either party shall at any time make advances in excess of the share which he is bound to contribute towards the expenses and payments aforesaid he shall be entitled to recover a moiety of such excess from the other of the said parties with interest thereon at the rate of £ per cent per annum and such moiety and interest shall be a charge npon the share and interest of such other party in the said patent.


[Continue as in previous Precedent.]

Form of assignment of copyright in a Design (a).

I, A. B. of

tered in class

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hereby transfer my right therein

[insert if desired any limitations of the right] to C. D. of

and do hereby authorize C. D. to insert his name on the register of designs accordingly.

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being regis

registered in

[or state what is sufficient to identifiy the mark]

paid to me by C. D. in the county of

in consideration of the sum of £
carrying on business at
[under the name or style of F. &. Co.] hereby assign the said
trade mark to the said E. F. together with the goodwill of
the business concerned in the goods with respect to which the
trade mark is registered.

In witness whereof, I have hereunto subscribed my name and affixed my seal this


day of


(a) This form is based on the form contained in the 5 & 6 Vict. c. 100, s. 6. No form is contained in Designs Forms; nor is any special form prescribed by the Act or Rules. For Request to Register Assignment, see Designs Forms, K.

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(b) This form is based on the Form used under the Act of 1875. See note to s. 78, as to a deed probably being unnecessary. As to connection of trade mark with good-will, see s. 70.

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App. B.

Assignments on Sale-continued.

7. Covenant to obtain and assign a

8. Assignment of right to take out a
patent in foreign countries: Royalties.

9. Assignment of a goodwill of a business.
10. Assignment of goodwill and stock to
two partners.

9 Jar. 660.

2 K. & E. 359..

1 Crabb, 379. 2 Dav. 510.

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Construction of Words.

THE MERCHANDISE MARKS ACT, 1862 (a). 25 & 26 Vic., c. 88.

An Act to amend the law relating to the fraudulent marking of Merchandise.

[7th August, 1862.]

WHEREAS it is expedient to amend the laws relating to the fraudulent marking of merchandise, and to the sale of merchandise falsely marked for the purpose of fraud: be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

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1. In the construction of this Act the word " "Person shall include any person, whether a subject of Her Majesty or not, and any body corporate or body of the like nature, whether constituted according to the law of this country or of any of Her Majesty's colonies or dominions, or according to the law of any foreign country, and also any company, association, or society of persons, whether the members thereof be subjects of Her Majesty or not, or some of such persons subjects of Her Majesty and some of them

(a) See note to s. 76 of the Patents, Designs, and Trade Marks Act.

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