Page images
PDF
EPUB

and (c.) single letters as old trade marks, to registration (a).

It will be observed that in the Act there is no Penalty for

penalty provided for the fraudulent imitation of a trade mark, or the selling of articles to which the same has been applied without the consent of the proprietor, as is the case with that portion of this Act which treats of designs. This, however, is amply provided for by the Merchandise Marks Act, 1862 (b), which is the only Act relating to trade marks which remains unrepealed. Among other provisions it makes misdemeanors several offences which may be classified as follows: (a.) Forging or counterfeiting any trade mark with intent to defraud; (b.) applying any trade mark to articles not of the manufacture of the person intended to be denoted by such trade mark; (c.) applying any trade mark by means of wrapper or otherwise, with intent to defraud, to articles not of the particular manufacture intended to be denoted by such trade mark (c).

If a patentee endeavours to prolong his term protection by means of a trade mark, he must

of

not

(a) This is so stated in the memorandum to the Bill. See s. 64; Ransome v. Graham (exclusive use to combination of letters established), 51 L. J. Ch. 897.

(b) 25 & 26 Vict. c. 83.

(c) The fraudulent use of wrappers is described in s. 3 of the Merchandise Marks Act, 1862 (25 & 26 Vict. c. 88.)

fraudulent imitation.

Notes under

sections of the Act re

lating to

trade marks.

register the word patent or any word importing that he is still in possession of letters patent, or the name of a new substance which he has invented (d). Under the various sections of the Act relating to trade marks explanatory notes have been inserted which, it is hoped, in connection with the index and cross references, will in most cases provide those who wish to register a mark with the required information, and point out to the proprietors of a mark the rights they have acquired, and the duties they must perform to retain those rights, either directly or by pointing out where the same may be obtained. Should this not be the case, reference should be made to Sebastian's Digest of Trade Mark Cases, which contains, in addition to English Cases, among which there are numerous decisions of the late Sir G. Jessel not elsewhere reported, numerous decisions of the American courts.

(d) Thus the word "Linoleum" was held after the expiration of the term of letters patent not to be a proper name for registration. 3 L. T. (N. S.) 448. See also Ralph v. Taylor (the lime-washer), 25 Ch. D. 194. See s. 73.

TABLE OF STEPS TO BE TAKEN IN ORDER TO OBTAIN GRANT OF LETTERS PATENT.

In order to obtain the grant of letters patent, the applicant or his agent must comply with the following requirements:

(A)—WHEN THE COMPTROLLER IS SATISFIED WITH THE DOCUMENTS AND THERE IS NO OPPOSITION.

(1). An application (a) containing a declaration (b) must be left at or sent by post (c) to the Patent Office.

(2.) A provisional (d) or a complete (e) specification must be sent with the application.

(a.) If a complete specification be left, nothing

further except (3) is required from the applicant, and a patent will be granted in due course (ƒ).

(b.) If a provisional specification be left, within nine months from the filing, a complete specification must be left (g).

(a) S. 5, sub. 1, Patents Rules 7–21, forms A, A1. (b) S. 5, sub. 2, Patents forms A, A1.

(c) S. 5, sub. 2.

(d) S. 5, subs. 2, 3, 5, 8, 14, Patents form B. (e) S. 5, subs. 2, 4, 5, Patents form C.

(f) S. 15.

(g) S. 8.

(3). The following payments must be made (h): (a.) If complete specification be left

[merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors]

(B)—WHEN THE COMPTROLLER IS NOT SATISFIED WITH THE DOCUMENTS OR DRAWINGS.

(4.) In addition to steps (1), (2), and (3), amendments must be made as required by the comptroller, unless the decision of the comptroller be reversed on appeal to the law officers (i).

(C)—WHEN A NOTICE OF OPPOSITION TO THE GRANT Of LETTERS PATENT IS LEFT AT THE PATENT OFFICE.

(5.) The applicant must comply with the regulations as to evidence and the hearing before the comptroller (j), and if the decision of the comptroller be appealed against, with those of the law officers (k).

If no opposition is lodged within two months of the acceptance of the complete specification, or in case of opposition, of the determination in favour of the grant of a patent, the patent shall be sealed with the seal of the Patent Office (1).

(h) First Schedule to Patents Rules.

(i) S. 7, sub. 1.

(j) S. 11, Patents Rules 32-41, Patents forms D, E. (k) See rules and regulations issued by law officers, p. 211. (1) Ss. 12, 13. Form of patent, p. 172.

[blocks in formation]
« PreviousContinue »