Reports of Patent, Design, and Trade Mark Cases, Volume 25

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Published at the Patent Office Sales Branch, 1908 - Design protection

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Page 486 - Having now particularly described and ascertained the nature of my said invention and in what manner the same is to be performed, I declare that what I claim is (d).
Page 234 - Family, uses in connection with any trade, business, calling, or profession any device, emblem, or title in such manner as to be calculated to lead to the belief that he is employed...
Page 443 - I think, any other general answer that can be given to this question than this — that the information as to the alleged invention given by the prior publication must, for the purposes of practical utility, be equal to that given by the subsequent patent. The invention must be shown to have been before made known. Whatever, therefore, is essential to the invention, must be read out of the prior publication. If specific details are necessary for the practical working and real utility of the alleged...
Page 508 - Court, in deciding whether such trade mark shall be entered or shall remain upon the register, may require, as a condition of its being upon the register, that the proprietor shall disclaim any right to the exclusive use of any part or parts of such trade...
Page 545 - Upon the view which I take of this case, it is not necessary to decide whether or not this argument is well founded. In this judgment I use the phrase " cost of repairs " as including the cost of freeing the vessel and her cargo from the salvors...
Page 128 - A name of an individual or firm printed, impressed, or woven in some particular and distinctive manner : or A written signature or copy of a written signature of an individual or firm...
Page 509 - In an inquiry like the present, (the applicant) does not hold the same position which he would have occupied if he had been defending himself against an action for infringement. There the onus of showing that his trade mark was calculated to mislead rests, not on him, but upon the party alleging infringement; here, he...
Page 509 - It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous design.
Page 2 - Where any person claiming to be the patentee of an invention, by circulars, advertisements, or otherwise, threatens any other person with any legal proceedings...
Page 509 - It shall not be lawful to register as part of or in combination with a trade mark any words the exclusive use of which would by reason of their being calculated to deceive or otherwise, be deemed disentitled to protection in a Court of justice, or any scandalous design.

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