PART IV. TRADE MARKS. Registration of Trade Marks. Part IV. Marks. for regis 62. (1.) The comptroller may, on applica- Application tion' by or on behalf of any person claiming to tration. be the proprietor of a trade mark, register the trade mark. (2.) The application must be made in the form set forth in the first schedule to this Act, or in such other form as may be from time to time prescribed, and must be left at, or sent by post to, the Patent Office in the prescribed manner. (3.) The application must be accompanied by the prescribed number of representations of the trade mark, and must state the particular goods or classes of goods in connection with which the applicant desires the trade mark to be registered. (4.) The comptroller may, if he thinks fit, refuse to register a trade mark, but any such 1 The application should be signed by the proprietor, or by some person on his behalf, or in the case of a registered Company, by the Managing Director or Secretary. 2 Two copies of the mark must accompany the application, and an extra copy for every additional class after the first. 3 It is advisable to search the particular class in which registration is desired before leaving an application to register a new mark, F Part IV. Limit of time for proceeding tion. refusal shall be subject to appeal to the Board of Trade, who shall, if required, hear the applicant and the comptroller, and may make an order determining whether, and subject to what conditions, if any, registration is to be permitted. it (5.) The Board of Trade may, however, if appears expedient, refer the appeal to the Court; and in that event the Court shall have jurisdiction to hear and determine the appeal, and may make such order as aforesaid. · 63. Where registration of a trade mark with applica has not been or shall not be completed within twelve months from the date of the application, by reason of default on the part of the applicant, the application shall be deemed to be abandoned. Conditions of registration of trade mark. 64. (1.) For the purposes of this Act, a trade mark must consist of or contain at least one of the following essential particulars : (a.) A name of an individual or firm printed, impressed, or woven in some particular and distinctive manner; or (b.) A written signature, or copy of a written signature, of the individual or firm applying for registration thereof as a trade mark; or (c.) A distinctive device, mark, brand, heading, label, ticket, or fancy word or words not in common use. (2.) There may be added to any one or more of these particulars any letters, words or figures, or combinations of letters, words or figures, or of any of them. (3.) Provided that any special and distinctive word or words, letter, figure or combination of letters or figures, or of letters and figures, used as a trade mark before the thirteenth day of August, one thousand eight hundred and seventy-five, may be registered as a trade mark under this part of this Act. Part IV. Trade Marks. 65. A trade mark must be registered for Connection of particular goods or classes of goods. trade mark with goods. of a series of marks. 66. When a person claiming to be the Registration proprietor of several trade marks which, while resembling each other in the material particulars thereof, yet differ in respect of (a) the statement of the goods for which they are respectively used or proposed to be used, or (b) statements of numbers, or (c) statements of price, or (d) statements of quality, or (e) statements of names of places, seeks to register such trade marks, they may be registered as a series in one registration. A series of trade marks shall be assignable and transmissible only as a whole, but for all other purposes each of the trade marks composing a series shall be deemed and treated as registered separately. Part IV. Trade Marks. Trade marks may be registered in any colour. Advertisement of application. Opposition to registration. 67. A trade mark may be registered in any colour, and such registration shall (subject to the provisions of this Act) confer on the registered owner the exclusive right to use the same in that or any other colour. 68. Every application for registration of a trade mark under this part of this Act shall, as soon as may be after its receipt, be advertised by the comptroller. 69. (1.) Any person may within two months of the first advertisement of the application, give notice in duplicate at the Patent Office, of opposition to registration of the trade mark, and the comptroller shall send one copy of such notice to the applicant. (2.) Within two months after receipt of such notice, or such further time as the comptroller may allow, the applicant may send to the comptroller a counter statement 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. (3.) If the applicant sends such counter statement, the comptroller shall furnish a copy thereof to the person who gave notice of opposition, and shall require him to give security in such manner and to such amount as the comptroller may require for such costs as may be awarded in respect of such opposition; and if such security is not given within 14 days after such requirement was made or such further time as the comptroller may allow, the opposition shall be deemed to be withdrawn. (4.) If the person who gave notice of opposition duly gives such security as aforesaid, the comptroller shall inform the applicant thereof in writing, and thereupon the case shall be deemed to stand for the determination of the Court. Part IV. Marks. and trans mission of trade mark. 70. A trade mark, when registered, shall Assignment be assigned and transmitted only in connection with the good-will of the business concerned in the particular goods or classes of goods for which it has been registered, and shall be determinable with that good-will.' claims to 71. Where each of several persons claims Conflicting to be registered as proprietor of the same trade registration. mark, the comptroller may refuse to register any of them until their rights have been determined according to law, and the comptroller may himself submit or require the claimants to submit their rights to the Court. registration. 72. (1.) Except where the Court has Restrictions on decided that two or more persons are entitled to be registered as proprietors of the same trade mark, the comptroller shall not register in respect of the same goods or description of goods a trade mark identical with one already The assignment must be registered at the Patent Office, s. 78. |