if not accepted in twelve months, application void (s. 9 (4) ), 8 index of specifications (s. 40), SPECIAL CASE 135 See PARTICULARS OF OBJECTIONS in case of conflicting claims to registration of trade marks, 163. T.M.R. to be settled by comptroller if necessary, 292 SPECIMEN DESIGN registration of, 146 claims combination, not separate parts of, 146 description also must be furnished to comptroller before article delivered TAXATION OF COSTS what allowed on "party and party," 85 as drawings and sections for counsel, 86 preparing for trial, 86 when plaintiff dismissed his bill, 86 of consolidated actions, 87 of costs of opposition (patents), 134 THREATS OF LEGAL PROCEEDINGS (s. 32), 129 when injunction granted, 130 now actionable if allegation as to infringement be, in fact, untrue, 130 THREATS OF LEGAL PROCEEDINGS-continued in action against patentee, burden of proof of infringement on plaintiff, and question of infringement may be tried, 130 and patent is assumed valid, 130 defendant may be ordered to deliver particulars showing alleged warning by owners of English and foreign patents against importation "THREE MARK" RULE, 164, 165 subdivision of classes allowed up to three, under Trade Marks Registration old marks up to three might be registered, even if identical, 164 TIME, how reckoned for leaving complete specification, 7 payment of fees to keep up patent, 21, 229 may in all cases be enlarged by comptroller (s. 17 (3)), 220, 268, 294 TITLE, examination of, in office, 5 specification must begin with, 3 TRADE MARKS. See REGISTRATION definition of, for purposes of Act (s. 63), 157 New Marks (a) Name of firm printed, &c., in distinctive manner, 157 (c) Distinctive device, mark, &c., 157 combination of (a), (b), or (c), with letters, words, or figures, 137 words not protected in Court of Justice not to be registered as part of (s. 73), 166. See ACTION FOR INFRINGEMENT OF TRADE Mark, and RESTRICTIONS ON REGISTRATION OF TRADE MARKS may be registered in any colour, 161 ornamental or coloured groundwork when registered, 334 registered, to be assigned and transmitted only in connection with good- and determinable with that goodwill, 163 alteration of registered (s. 92), 189 applicant dying before registration, successor to goodwill may be regis- name of first producer may be, 159 or of a place, 159 to be divided into classes for purposes of registration, T.M.R. 6, 284, 318 removal of from register. See REMOVAL Old Marks. See OLD TRADE MARKS TRADE MARKS RULES, 1883, 283 TRANSMISSION to be registered only with goodwill, 163. See TRADE MARK, Assign- MENT TRIAL See JURY without a jury in patent case, to be the rule (s. 28 (1)), 57. of different issues by different modes of trial, 62 but not generally convenient in patent cases, 62 Court of Appeal will not generally interfere with discretion of Court below experiment directed for purpose of advising the Court, 63 TRUST not to be entered on register, 180 UNDERTAKING AS TO DAMAGES always required from plaintiff where injunction granted, 101 dismissal of action does not put an end to, 101 UNITED KINGDOM patent to be for, 20 old practice when separate patent for each kingdom, 197 WAR inventions relating to munitions of (s. 44), 136 WITNESSES, scientific, costs of, 86 HARRISON AND SONS, PRINTERS IN ORDINARY TO HER MAJESTY, ST. MARTIN'S LANE. |