« PreviousContinue »
in the register established under the Trade Marks Registration Act, 1875.
(3.) An application for registration of a trade mark used on cutlery, edge tools, or on raw steel, or on goods made of steel, or of steel and iron combined, whether with or without a cutting edge, shall, if made after the commencement of this Act by a person carrying on business in Hallamshire, or within six miles thereof, be made to the Cutlers' Company : (4.) Every application so made to the Cutlers' Company shall be notified to the Comptroller in the prescribed manner, and unless the Comptroller within the prescribed time gives notice to the Cutlers' Company that he objects to the acceptance of the application, it shall be proceeded with by the Cutlers' Company in the prescribed manner:4
(5.) If the Comptroller gives notice of objection
as aforesaid, the application shall not be proceeded with by the Cutlers' Company; but any person aggrieved may appeal to the Court. (6.) Upon the registration of a trade mark in the Sheffield register the Cutlers' Company shall give notice thereof to the Comptroller, who shall thereupon enter the mark in the register of trade marks; and such registration shall bear date as of the day of application to the
Cutlers' Company, and have the same effect as if the application had been made to the Comptroller on that day:
(7.) The provisions of this Act, and of any general rules made under this Act, with respect to application (b) for registration in the register of trade marks, the effect of such registration, and the assignment and transmission of rights in a registered trade mark shall apply in the case of applications and registration in the Sheffield register (c); and notice of every entry made in the Sheffield register must be given to the Comptroller by the Cutlers' Company, save and except that the provisions of this subsection shall not prejudice or affect any life, estate, and interest of a widow of the holder of any Sheffield mark which may be in force in respect of such mark at the time when it shall be placed upon the Sheffield register (d):
(8.) Where the Comptroller receives from any person not carrying on business in Hallamshire or within six miles thereof an application for registration of a trade mark used on cutlery, edge tools, or on raw steel, or on goods made of steel, or of steel and iron combined, whether with or without a cutting edge, he shall in the prescribed manner notify the application and proceedings thereon to the Cutlers' Company:
(9.) At the expiration of five years from the commencement of this Act the Cutlers' Company shall close the Cutlers' register of corporate trade marks, and thereupon all marks entered therein shall, unless entered in the Sheffield register, be deemed to have been abandoned:
(10.) A person may (notwithstanding anything in any Act relating to the Cutlers' Company) be registered in the Sheffield register as proprietor of two or more trade marks:
(11.) A body of persons, corporate or not corporate, may (notwithstanding anything in any Act relating to the Cutlers' Company) be registered in the Sheffield register as proprietor of a trade mark or trade marks.
(12.) Any person aggrieved by a decision of the Cutlers' Company in respect of anything done or omitted under this Act may, in the prescribed manner, appeal to the Comptroller, who shall have power to confirm, reverse, or modify the decision, but the decision of the Comptroller shall be subject to a further appeal to the Court (e):
(13.) So much of the Cutlers' Company's Acts as applies to to the summary punishment of persons counterfeiting Sheffield corporate marks, that is to say, the fifth section of the Cutlers' Company's Act of 1814, and the pro
visions in relation to the recovery and application of the penalty imposed by such lastmentioned section contained in the Cutlers' Company's Act of 1791, shall apply to any mark entered in the Sheffield register.
1 All applications to be in duplicate. See rule 53, in duplicate. page 282.
Notice to 2 The Cutlers' Company, within seven days of the receipt by them of an application, shall send a copy, together with copies of the representation, to the comptroller, as prescribed in rule 54.
3 The prescribed time is one month from the date of the receipt by the comptroller of the notice sent by the Cutlers' Company. See s. 55, sub. 2.
4 For provision as to means of advertising applications made as Sheffield, see rule 55.
5 See rule 56, page 284.
6 By sending to the Cutlers' Company a copy of the official paper containing the application of which notice is required to be given, with a note distinguishing such application. See rule 55, sub. 3.
7 The form of appeal must be in duplicate, one of which need not be stamped. For form, see second schedule to rules, form W, page 307.
(a) The Cutlers' Company was incorporated under 21 Jac. I. c. 31 (1623). The 31 Geo. III. c. 58 confines the company to those engaged in "the arts or trades of makers of knives, sickles, shears, scissors, razors, files, and forks;” and the 23 Vict. c. 43 widens this enumeration thus: "The arts or trades of manufacturers of steel and makers of saws and edge tools and other articles of steel, or of steel and iron combined, having a cutting edge." By sub. 3 a further extension is made by permitting and requiring trade marks in articles not having a cutting edge, made of iron or steel, or of both combined, to be registered in the Sheffield register.
(b) See ss. 62 & 63 for applications for registration.
(c) For effect of registration and assignment, see ss. 66, 67, 69-77. A cutler's corporate mark, is assignable when owned by a non-freeman of the Cutlers' Company. The assignability of such a mark, containing a personal element, must depend upon the circumstances of the particular case. See Bury v. Bedford, 32 L. J. Ch. 741, 4 De G. J. & S. 352. In assigning trade marks, which are cutlers' corporate marks, a proper title is not given to the assignee, and he will not be registered as owner of the marks until the marks have been surrendered by the assignor to the Cutlers' Company, and reassigned by the company to the assignee. In re Rabone Bros. & Co., Sebastian's Digest of Trade Marks, page 395.
(d) By 4 Geo. III. c. 97, if a freeman of the Cutlers' Company makes a will, or dies without making a will, the mark passes in the same manner as the other personalty subject to the widow's life estate.
(e) If the Cutlers' Company unsuccessfully oppose an application to register a trade mark, on the ground that the mark in question so nearly resembles a Sheffield mark as to be calculated to deceive, they must pay the costs, notwithstanding they intended to act for the public interest. In re Rosing, 1 Trade Marks, 371.
Patent Office and Proceedings thereat.
82. (1.) The Treasury may provide for the pur- Patent poses of this Act an office with all requisite buildings and conveniences, which shall be called, and is in this Act referred to as, the Patent Office (a). (2). Until a new patent office is provided, the offices of the Commissioners of Patents for inven