INDEX. NOTE. The black figures with the prefix (s.) refer to the sections of the Act. ABANDONMENT of application for patent, 7 for registration of trade mark (s. 63), 157 of opposition to, T.M.R. 29, 289 ACCEPTANCE of application for patent, 6 notice to be given to applicant, 6 of complete specification, 8 not conclusive as to sufficiency, 10 to be advertised, 10 inspection to be then allowed, 10, P.R. 26, 216 ACCOUNT OF PROFITS (s. 30). See DAMAGES, EXTENSION old rule of no injunction no account, 120 may now be had in any Division of the High Court of Justice, 121 but such saving must be alleged and proved, 122 but not to plaintiff's loss by the infringement, 122 not directed if clear that no profit was made, 122 practice as to in Courts of Common Law under Act of 1852, 122 amount due under, not unliquidated damages under Bankruptcy Act, 122 but books must be produced, 123 and interrogatories may be administered. and this though appeal pending, 123 See DAMAGES, DISCOVERY but in certain cases proceedings may be stayed pending appeal, 123 plaintiff failing to surcharge defendant one-sixth ordered to pay costs of, effect of delay or acquiescence on, 105, 123 difference between patent cases and trade mark cases as to, 123 in form of inquiry, 124 in effect of delay, 123 in certain cases of infringement in ignorance, 123 ACCOUNT OF PROFITS-continued granted instead of damages if damage not submitted to jury, 126 in cases of delay, 123 when amount to be paid, 126 on application for extension. ACQUIESCENCE See EXTENSION (ACCOUNTS) may be a bar to interlocutory injunction, 104 not necessarily bar at trial, 105 but may be ground for refusing account of profits, 105 or of distinct and separable part, 51 assignee of two undivided moieties, 52 cannot be brought by mere licensee alone, 52 whether by one co-owner of undivided share, qu., 52 or by exclusive licensee alone, 52, 53 misjoinder unimportant, 50 registration where necessary (s. 87), 182 consolidation of actions. who to be defendants, See CONSOLIDATION servants of actual infringer need not be joined as defendants, 53 but may be so joined, 53 master of ship may be sued as principal, 53 but not Custom-house agent, 54 workman selected by purchaser and paid by contractor agent of con- company, 54 directors may be made personally liable, 54 foreigners, 54 but property of foreign Sovereign not interfered with, 54 may be brought against manufacturer and also against user of same different infringements by different persons, there must be separate but several infringements by one infringer may be joined in one inspection in. See INSPECTION trial of. See TRIAL, ISSUES, JURY may be referred to official or special referee, 58 with or without assessors, 58 Design (s. 58), 152 against retailer, must show his knowledge of want of proprietor's consent, error in registration no answer to, 153 what sufficient allegation of proprietorship in pleadings, 153 Trade Mark not to be brought unless, in case of trade mark capable of being regis- or in case of any other old mark registration has been refused, 172 |