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Part IV.
Trade
Marks.

Further restriction on registration.

on the register with respect to such goods or description of goods.

(2.) The comptroller shall not register with respect to the same goods or description of goods a trade mark so nearly resembling a trade mark already on the register with respect to such goods or description of goods as to be calculated to deceive.

73. 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. 74. (1.) Nothing in this Act shall be construed to prevent the comptroller entering on common marks the register, in the prescribed manner, and subject to the prescribed conditions, as an addition to any trade mark—

Saving for

power to pro

vide for entry on register of

as additions to

trade marks.

(a.) In the case of an application for regis-
tration of a trade mark used before the
Thirteenth day of August One thousand
eight hundred and seventy-five-
Any distinctive device, mark, brand,
heading, label, ticket, letter, word,
or figure, or combination of letters,
words or figures, though the same
is common to the trade in the goods
with respect to which the applica-
tion is made;

(b.) In the case of an application for regis-
tration of a trade mark not used before
the Thirteenth day of August One
thousand eight hundred and seventy-
five-

Any distinctive word or combination

of words, though the same is com-
mon to the trade in the goods with
respect to which the application is
made;

(2.) The applicant for entry of any such common particular, or particulars, must, however, disclaim in his application any right to the exclusive use of the same, and a copy of the disclaimer shall be entered on the register.

(3.) Any device, mark, brand, heading, label, ticket, letter, word, figure, or combination of letters, words or figures, which was or were before the Thirteenth day of August, One thousand eight hundred and seventy-five, publicly used by more than three persons on the same or a similar description of goods, shall, for the purposes of this section, be deemed common to the trade in such goods.

Effect of Registration.

Part IV.

Trade

Marks.

75. Registration of a trade mark shall be Registration deemed to be equivalent to public use of the

equivalent to

public use.

trade mark.

Part IV.
Trade
Marks.

proprietor to

exclusive use of trade mark.

76. The registration of a person as proprietor of a trade mark, shall be prima facie Right of first evidence of his right to the exclusive use of the trade mark, and shall, after the expiration of five years from the date of the registration, be conclusive evidence of his right to the exclusive use of the trade mark, subject to the provisions of this Act.'

Restrictions on

actions for

and on defence

to action in certain cases

77. A person shall not be entitled to infringement, institute any proceeding to prevent or to recover damages for the infringement of a trade mark unless, in the case of a trade mark capable of being registered under this Act, it has been registered in pursuance of this Act, or of an enactment repealed by this Act, or, in the case of any other trade mark in use before the Thirteenth of August, One thousand eight hundred and seventy-five, registration thereof under this part of this Act, or of an enactment repealed by this Act, has been refused. The comptroller may, on request, and on payment of the prescribed fee, grant a certificate that such registration has been refused. Register of Trade Marks.

Register of trade marks.

78. There shall be kept at the Patent Office a book called the Register of Trade

1

To continue registrations in force, new fees are payable at the end of the first 14 years (s. 79), and it was probably intended that new fees should be payable every 14 years, but it is doubtful whether the Act will have that effect (s. 79, sub-sec. 2).

Marks, wherein shall be entered the names
and addresses of proprietors of registered trade
marks, notifications of assignments and of
transmissions of trade marks, and such other
matters as may
be from time to time prescribed.

79. (1.) At a time not being less than two months nor more than three months before the expiration of 14 years from the date of the registration of a trade mark, the comptroller shall send notice to the registered proprietor that the trade mark will be removed from the register unless the proprietor pays to the comptroller before the expiration of such 14 years (naming the date at which the same will expire) the prescribed fee; and if such fee be not previously paid, he shall at the expiration of one month from the date of the giving of the first notice send a second notice to the same effect.

2.) If such fee be not paid before the expiration of such 14 years, the comptroller may after the end of three months from the expiration of such 14 years remove the mark from the register, and so from time to time at the expiration of every period of 14 years.

(3.) If before the expiration of the said three months the registered proprietor pays the said fee, together with the additional prescribed fee, the comptroller may without removing such trade mark from the register accept the

Part IV.

Trade Marks.

Removal of

trade mark

after 14 years unless fee paid.

Part IV.
Trade
Marks.

Fees for registration,

&c.

Registration by Cutlers' Company of Sheffield marks.

said fee as if it had been paid before the expiration of the said 14 years.

(4.) Where after the said three months a trade mark has been removed from the register for nonpayment of the prescribed fee, the comptroller may, if satisfied that it is just so to do, restore such trade mark to the register on payment of the prescribed additional fee.

(5.) Where a trade mark has been removed from the register for nonpayment of the fee or otherwise, such trade mark shall nevertheless, for the purpose of any application for registration during the five years next after the date of such removal, be deemed to be a trade mark which is already registered.

Fees.

80. There shall be paid in respect of applications and registration and other matters under this part of this Act, such fees as may be from time to time, with the sanction of the Treasury, prescribed by the Board of Trade; and such fees shall be levied and paid to the account of Her Majesty's Exchequer in such manner as the Treasury may from time to time direct.

Sheffield Marks.

81. With respect to the master, wardens, searchers, assistants, and commonalty of the Company of Cutlers, in Hallamshire, in the

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