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if not accepted in twelve months, application void (s. 9 (4) ), 8
effect of acceptance of (s. 15), 20
amendment of (s. 18), 21

index of specifications (s. 40),
sealed copies evidence, 184
objections as to insufficiency of.

SPECIAL CASE

135

See PARTICULARS OF OBJECTIONS

in case of conflicting claims to registration of trade marks, 163. T.M.R.
42, 291

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
on sale, 147

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TAXATION OF COSTS

what allowed on "party and party," 85
"luxuries" not allowed, 85

as drawings and sections for counsel, 86
proper remuneration of scientific witnesses allowed, 86
of reference to expert, costs in the cause, 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
not actionable under old law unless ma¡â fide, 129
even if statements as to infringement untrue, 129
and patentee not bound to bring action, 130

when injunction granted, 130

now actionable if allegation as to infringement be, in fact, untrue, 130
unless action brought by patentee for infringement, 130, 131

THREATS OF LEGAL PROCEEDINGS-continued

in action against patentee, burden of proof of infringement on plaintiff,
130

and question of infringement may be tried, 130

and patent is assumed valid, 130

defendant may be ordered to deliver particulars showing alleged
infringement, 131

warning by owners of English and foreign patents against importation
into this country justifiable, 131

"THREE MARK" RULE, 164, 165

subdivision of classes allowed up to three, under Trade Marks Registration
Act of 1875, 164

old marks up to three might be registered, even if identical, 164
but user must have been in England, 165

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
Christmas Day, &c., not reckoned in certain cases (s. 98), 191

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
(b) Written signature or copy of firm applying, &c., 157

(c) Distinctive device, mark, &c., 157

combination of (a), (b), or (c), with letters, words, or figures, 137
fancy words can now be registered, 158

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-
will, 163

and determinable with that goodwill, 163

alteration of registered (s. 92), 189

applicant dying before registration, successor to goodwill may be regis-
tered, T.M.R. 31, 289

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
subdivision of classes allowed, 164, and see "THREE MARK RULE

removal of from register. See REMOVAL

Old Marks. See OLD TRADE MARKS

TRADE MARKS RULES, 1883, 283

TRANSMISSION

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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.
assessor to be called in if either party require (s. 28 (1)), 57
provisions of Judicature Acts and Supreme Court Rules as to, 58
motion for judgment after, 63

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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
as to mode of, 62

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
form of, 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
effect of want of novelty in one kingdom, 197

WAR

inventions relating to munitions of (s. 44), 136
may be assigned to Secretary of State, 136
who may direct invention to be kept secret, 137
in such case patent not liable to revocation, 137
nor specification published, 138

WITNESSES, scientific, costs of, 86

HARRISON AND SONS, PRINTERS IN ORDINARY TO HER MAJESTY,

ST. MARTIN'S LANE.

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