A Treatise on the Law of Trade-marks: With the Trade-marks Registration Act of 1875, and the Lord Chancellor's Rules

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Butterworths, 1876 - Trademarks - 213 pages

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Page 190 - An Act to repeal an Act of the present Session of Parliament, intituled ' An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire Suppression of voluntary and extra-judicial Oaths and Affidavits;' and to make other Provisions for the Abolition of unnecessary Oaths.
Page 172 - ... and the Company and generally the Court may in any such proceeding decide any question that it may be necessary or expedient to decide for the rectification of the register...
Page 191 - ... at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service or sending it shall be sufficient to prove that the letter containing the notice was properly addressed and put into the post.
Page 112 - It is perfectly manifest, that two things are required for the accomplishment of a fraud such as is here contemplated. First, there must be such a general resemblance of the forms, words, symbols, and accompaniments, as to mislead the public. And secondly, a sufficient distinctive individuality must be preserved, so as to procure for the person himself the benefit of that deception which the general resemblance is calculated to produce.
Page 182 - ... in duplicate of the grounds on which he relies for his application, and if he does not do so, shall be deemed to have abandoned his application.
Page 175 - ... registered by a name identical with that by which a subsisting company is registered, or so nearly resembling the same as to be calculated to deceive...
Page 166 - ... in pronouncing such judgment for the penalty or penalties and costs, to insert in such judgment a warrant, in the event of such penalty or penalties and costs not being paid, to levy and recover the amount of the same by poinding...
Page 159 - Scotland) any Article of Trade, Manufacture, or Merchandise, to be an Article or Thing of the Manufacture, Workmanship, Production, or Merchandise of such Person, or to be an Article or Thing of any peculiar or particular Description made or sold by such Person...
Page 11 - A DIGEST of the REPORTED CASES relating to the Law and Practice of LETTERS PATENT for INVENTIONS, decided from the passing of the Statute of Monopolies to the present time. By CLEMENT HIGGINS, MA, FCS, of the Inner Temple, Barrister-at-Law.
Page 172 - Court that the register may be rectified ; and the Court may either refuse such application, with or without costs, to be paid by the applicant, or it may, if satisfied of the justice of the case, make an order for the rectification of the register, and may direct the company to pay all the costs of such motion, application, or petition, and any damages the party aggrieved may have sustained...

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