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" 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,... "
Reports of Patent, Design, and Trade Mark Cases - Page 590
1907
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The Law of Trade-marks and Trade Name, and Merchandise Marks: With Chapters ...

Sir Duncan Mackenzie Kerly - Marks of origin - 1894 - 808 pages
..." cast upon the applicant the duty of satisfying the comptroller, or the Court, that the trade-mark which he proposes to register does not come within their scope. In an inquiry like the present, (the applicant) does not hold the same position which he would have occupied if he had been defending...
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The Law of Trade Marks: And Their Registration and Matters Connected ...

Lewis Boyd Sebastian, Harry Baird Hemming, Skinner Raymond Sebastian - Goodwill (Commerce) - 1911 - 1014 pages
...any scandalous design.' These prohibitory clauses cast upon the applicant the duty of satisfying the comptroller, or the Court, that the trade mark which...to register does not come within their scope. In an iuquiry like the present, he docs not hold the same position which he would have occupied if he had...
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Trade Mark Laws of the World, and Unfair Trade

Berthold Singer - Competition, Unfair - 1913 - 698 pages
...of the statute, said : "These prohibitory clauses cast upon the applicant the duty of satisfying the comptroller or the court that the trade mark which...like the present, he does not hold the same position that he would have occupied if he had been defending himself against an action for infringement. There,...
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The Law of Trade Marks and Trade Name: With Chapters on Trade Secret and ...

Duncan Mackenzie Kerly - Business names - 1913 - 1222 pages
...clauses," he said, referring to sees. 73 and 72 (2), " cast upon the applicant the duty of satisfying the Comptroller, or the Court, that the trade mark which...within their scope. In an inquiry like the present, (the applicant) does not hold the same position which he would have occupied if he had been defending...
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