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COURT OF APPEAL,

in Scotland, 140
Ireland, 140

may call in assessor, 47

CUTLERS' COMPANY,

when incorporated, 114

to close the Cutlers' Register, 119
to open new register, 115

and transfer all marks to it, 117
applications for marks to, 116, 247

to give notice to Comptroller, 116, 247

registration of marks by, 115

to give notice to Comptroller, 117

appeal from, to Comptroller, 119

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action for, 49. See ACTION FOR INFRINGEMENT.

Court may refuse, for acts of infringement committed during
enlarged time for making a payment, 26

not to be given for acts previous to disclaimer, 32

unless claim framed in good faith and with reasonable skill, 32
DESIGNS,

action for infringing copyright may be brought, 82

provided plaintiff elects not to sue for penalty, 82

where it may be brought, 84

TRADE MARKS,

DATE

action for infringement of, 104

plaintiff entitled to nominal damages, 107

special damage need not be proved, 107

except where enquiry is taken, 107

measure of damage, 107

of Patent,

Patent sealed as of day of application, 22

change in the law, 22

time of day not taken into account, 22

all applications made on same day to be sealed, 22

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Patent granted to personal representative, 59
application to be made within six months, 59
of applicant before sealing, 20

Patent granted to personal representative, 21
within what time, 21

of applicant for Trade Mark, 88, 241

owner of good will of business may be registered, 88, 241

DECLARATION,

on application for Patent, 3

before whom taken, 4, 162, 179

extra fee, if before a Commissioner, 4, 179

how paid, 4, 179

forms of, 188, 189

by legal representative of inventor, 59

by assignee of Design, 213

Trade Mark, 243

under Trade Marks Rules, 248

by registered proprietor to cancel Trade Mark, 127
form of, 279

by infant, lunatic, or person under disability, 132

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of articles to which pirated Design has been applied, 84

DEPARTMENT OF SCIENCE AND ART

to manage Patent Museum, 64

may require models of Patents on payment, 65

DESCRIPTION,

publication of description during holding of exhibitions of unpatent

article, 61

or of unregistered Design, 80

DESIGN,

when entitled to registration, 73

must (1) be new or original, 70, 73

(2) not have been published in United Kingdom, 70, 73

who can register, 72, 85

the author, 72, 85

the person who executed it for value, 72, 85

the person acquiring the right to apply it, 72, 85

the person on whom it devolves, 72, 85

definition of, 84

for sculpture no longer registered, 84, 85
application to register, see APPLICATION.
form of, 225

drawings to accompany, 74, 210, 220

acceptance of, 74, 211

certificates sent, 74, 210

refusal of, 71, 74, 210

hearing of applicant, 74, 211

appeal to Board of Trade, 71, 74, 211

Notice of, 226

time for appealing, 74, 211

applicant's case, 74, 211

hearing, 74, 212

DESIGNS,

copyright in, 84, and see COPYRIGHT.
cesser of copyright in, see COPYRIGHT.
user of, 78

inspection of, see INSPECTION.

piracy of, 81, 83, and see PENALTY.
effect of ignorance, 83

penalty for, 81, 83

how recovered, 82, 83,

register of, 79, 212, and see REGISTER.
what entered, 79, 212

copies of, when copyright ceases, 77

international arrangements as to, 136

exhibition of unregistered, see EXHIBITION.

DESIGNS INSTRUCTIONS, 217

DESIGNS RULES, 208

DEVICE

may be registered as a Trade Mark if distinctive, 91
devices that will not be registered, 93, 259, 260

DISABILITY, PERSON UNDER,

declaration by, 132

acts by, 132

dispensing power in case of, 175, 213, 246

DISCLAIMER. See AMENDMENT OF SPECIFICATION.

of part of specification, 27

during action, xxxvi., 31

effect of on damages, 32

of right to use a common mark registered as an addition to a Trade
Mark, 101, 102

DISCOVERY IN TRADE MARK ACTION

not allowed if oppressive, 106

what particulars may be obtained, 106
interrogatories, 106

leave not required to administer, 106

action for, 106

under Merchandise Marks Act, 106

DISCRETIONARY POWER OF COMPTROLLER,

applicant to be heard before adverse exercise of, 129, 159, 211, 238

notice to applicant, 130

form of request to be heard, 193

DISPENSING POWER,

Comptroller with assent of Board of Trade may dispense with Act,
declaration, documents, or evidence in regard to Patents, 175

Designs, 213

Trade Marks, 246

DOCUMENTS

may be sent by post to Patent Office, 131, 161

where day for leaving is a holiday, 132

copies of, under seal and certified as evidence, 125
size of in case of Patents, 159, 178

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drawing of Design to accompany application, 74, 210, 220
three copy drawings also to be sent, 74, 210, 220

size of, 73, 210

instead of drawings, tracings, photographs, may be sent, 74,
210, 220

or specimens or representations, 74, 210, 220

refusal of, where not suitable, 74

Rules as to, 210

Instructions as to, 220

TRADE MARKS,

to accompany applications, 87, 236

where of a large size, 257

for Illustrated Journal, 258

Rules as to, 236, 237

Instructions as to, 257

DUPLICATE PATENT

may be granted where original is lost, 60

form of application for, 203

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