Reports of Patent, Design, and Trade Mark Cases, Volume 30Published at the Patent Office Sales Branch, 1913 - Design protection |
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Common terms and phrases
acetylene action advertisement amended apparatus appeal Application blade Board of Trade Bowden Brake Company Bowden Wire Ld Brake Company Ld Brinsmead & Sons burner cabs chamber cigarettes combination Comptroller connection construction Court cycle brakes cylinder Daimler Motor Company Defendant Company Defendant's DESIGN AND TRADE detachable device Edward George Stanley entitled evidence fact George Stanley Brinsmead heat held hydrogen ILLUSTRATED OFFICIAL JOURNAL infringement injunction inner hub John Brinsmead judgment Justice Warrington lamp Letters Patent licence locking ring Lord machine manufacture MARK CASES Vol matter means motor cycles needle OFFICIAL JOURNAL PATENTS Order outer hub paragraph passing passing-off pedal cycles pianos Plaintiff Company purpose question referred REPORTS OF PATENT restrain screwed selling sliver sold Sons Ld Statement of Claim steel subject-matter substantially as described surname Teofani TRADE MARK tubes vacuum Val de Travers Waddington & Sons WARRINGTON wheel word
Popular passages
Page 32 - absence of any express or implied warranty that the thing shall exist, the " contract is not to be considered a positive contract, but subject to the implied " condition that the parties shall be excused, in case, before breach, performance " becomes impossible, from the perishing of the thing without the default of the " contractor.
Page 250 - whether a Trade Mark is so adapted, the tribunal may, in the case of " a Trade Mark in actual use, take into consideration the extent to which such " user has rendered such Trade Mark in fact distinctive for the goods with " respect to which it is registered or proposed to be registered.
Page 250 - be used upon or in connection with goods for the purpose of indicating that " they are the goods of the proprietor of such Trade Mark by virtue of ... " offering for sale." The claim is therefore for a monopoly of the word
Page 385 - mastic is concerned, is a Trade Mark used or proposed to be used upon or in connection with our blocks of mastic. It seems to me to be rather too hypothetical and problematical to distinguish the case of mastic from the case of asphalte, and I propose to deal with the case
Page 253 - provision is made for admitting evidence of user for the special purpose of proving " the extent to " which such user has rendered such Trade Mark in fact distinctive for the " goods with respect to which it is registered, or proposed to be registered." " Trade Mark " here means a mark which is used, not one
Page 484 - for registration, or some predecessor in his business ; (3) An invented word '"or invented words; (4) A word or words having no direct reference to the " character or quality of the goods, and not being according to its ordinary " signification a geographical name or a surname ; (5) Any other distinctive " mark, but a name, signature, or word or words, other than such as fall within
Page 386 - but there is the very important provision in Section 22, that—" A Trade Mark when registered shall be assigned and transmitted only in '* connection with the goodwill of the business concerned in the goods for which
Page 253 - Trade Marks Act, 1905, and therefore a " Mark," was a distinctive mark, that is " adapted to distinguish the goods of the proprietor of the Trade Mark "—the mark " used, or proposed to be used, upon, or in connection with, the
Page 106 - obtain an Order of the Court he shall within one month from sending to the " Registrar his case as aforesaid bring the matter before the Court by motion, " and if he does not do so he shall be deemed to have withdrawn his
Page 106 - case the Board of Trade shall, if the applicant desires to be heard by them, fix " a day for such hearing at which the applicant and the Registrar may attend <% and be heard, and the Board shall make an order determining whether and " subject to what conditions, amendments, or modifications, if any, the