ACTION FOR INFRINGEMENT OF-continued Trade Mark meaning of "capable of being registered," 172 to what cases this provision does not apply, 173 principles of Court in trade mark actions not altered by the Act, 173 false representation in mark itself (s. 73), 166, 174 trade itself fraudulent, 174 instances, 174 merely collateral misrepresentation does not disentitle to ADDITIONS TO TRADE MARK common marks may be registered as (s. 74), ADDRESS 170. See COMMON MARKS alteration of, on register (s. 91), 188. See ALTERATION ADVERTISEMENT Patents of acceptance of specification, 10. P.R. 25, 216 of amendment, 29 of intention to apply for extension, 31. Trade Marks, T.M.R. 17-20 of application to register trade mark, 287 to be in official paper, 287 P.R. 48, 220 J.C.R. 2, 257 applicant required to furnish wood blocks, &c., for, 288 in case of series of marks, 288 of application made at Sheffield, T.M.R. 55, AFFIDAVITS 294 how to be sworn in patent applications, P.R. 20, 214 AGENTS may sign communications as to patents, except the application, 212 registration of trade marks, 284 or proprietor of design, 143 may register trade mark, 156 but only if to be used in this country, 156. ALTERATION of address on register, 188. T.M.R. 46, 292 of register. See REGISTER, RECTIFICATION of registered trade mark (s. 92), 189 See FOREIGNER notice to be given to comptroller of application for (s. 92), 189. T.M.R. form of. See FORMS AMENDMENT of application, specification, or drawings may be required by comptroller AMENDMENT-continued of specification and drawings (s. 18), 21 assignee may apply for, 142 now by correction and explanation as well as disclaimer, 22 when amendment retrospective, 24, 25, 27 not to make specification claim in action larger or different from that in leave to make conclusive, 22, 27 disclaimer without patentee's consent taken off file, 26, 186. costs of may be given by law officer, 24 who may oppose, 23 no appeal from law officer, 24 during action for infringement, 22, 28 Court may give leave to apply for, 28 no damages in respect of infringement before unless original specification proceedings on, P.R. 48-56, 220 request for leave to amend, 220 notice of opposition, 221 copy for the applicant to be sent to comptroller, 221 opponent's evidence, 221 further proceedings, 221. decision to be notified to parties, 221 requirements thereon, 221 leave by order of Court, 221 advertisement of amendment, 222 of particulars in actions for infringement importance of requiring, if necessary, 79 even during trial, 80 terms, on what allowed, 80 where cause in the paper, 80 plaintiff allowed opportunity to discontinue, 80 costs of, 80 not allowed if new objection clearly unsustainable, 80 in case of new trial, 80 of statement of claim at trial, 81 clerical errors. See CLERICAL ERROR. General documents for which no special provision made by Act may be amended patents, P.R. 18, 214 so also drawings, &c., 268 APPEAL continued Patents amendment of application (s. 7), 6 complete specification, (s. 9), 7, 8 refusal to accept complete specification, 8 seal patent of second applicant, 6 cases of opposition, 10 none from law officer, 11 none from Board of Trade as to compulsory licences, 223 but qu. whether decision can be reviewed on application for man- Patent Actions time for, when judge settles issues before trial by, 64 when no such issues settled, 64 generally no staying of proceedings pending, 105, 123 but proceedings sometimes stayed, 123 Designs to Board of Trade from refusal to register design (s. 47 (6)), 143. notice of appeal to be given by applicant, 265 statement of grounds of appeal to accompany notice, 265 copy of notice to be sent to Secretary of Board of Trade, 265 directions may be given by Board of Trade as to hearing, 265 notice of time of hearing to be given to comptroller and applicant, 265 to Board of Trade from refusal to register trade mark (s. 62 (4)), 156. in trade mark cases may be referred by Board of Trade to Court, 156 statement of grounds of appeal to accompany notice, 287 copy of notice to be sent to Secretary of Board of Trade, 287 directions may be given by Board as to hearing, 287 notice of time of hearing to be given to comptroller and appellant, 287 and thence to Court, 179 APPLICANT who may be, 2 if more than one, one must claim to be true and first inventor Trade Marks death of applicant before registration-successor to goodwill may be APPLICATION Patents. See RIVAL APPLICATIONS how made (s. 5), 3. See FORMS amendment may be required by comptroller, 6 must be signed by applicant, 212 to contain statement of address for notices, 212 size, &c., of documents, 212 with provisional or complete specification, 215 for separate patents by way of amendment, when two inventions by inad- by representative of deceased inventor, 216 |