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Patents, Designs, and Trade Marks Act of 1883 (c)

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PATENTS, DESIGNS, AND TRADE MARKS ACT,

1883.

FORM M.

Request for Correction of Clerical Error or for Entry of New

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DESIGNS.

RULES

FOR THE

REGISTRATION OF TRADE MARKS;

WITH

CLASSIFICATION OF GOODS

AND

TABLE OF FEES.

By virtue of the provisions of the Patents, Designs, and Trade Marks Act, 1883, the Board of Trade do hereby make the following rules (a) :—

(a) For power of the Board of Trade to make general rules for classifying goods and regulating the business of the Patent Office, see s. 101.

Preliminary.

1. These rules may be cited as the Trade Marks Rules, 1883, and shall come into operation from and immediately after the 31st day of December, 1883 (b).

(b) For saving as to existing rules, see s. 115.

Interpretation.

tion.

2. In the construction of these rules any words Interpretaherein used defined by the said Act shall have the meanings thereby assigned to them respectively (c).

(c) See s. 117 for definitions of "person," " the Court," "law officer," "the Treasury," "comptroller," "prescribed," &c. See s. 64 for the essential particulars of a trade mark.

Fees.

3. The fees to be paid in pursuance of the said Fees. Act, so far as it relates to Trade Marks, shall be the fees specified in the first schedule hereto (d).

(d) See page 287.

Forms.

4. The form F in the first schedule to the said Forms. Act shall be altered or amended by the substitution therefor of the form F in the second schedule in these rules (e).

(e) For form in schedule to Act, see page 176. For form in schedule to rules, see page 290.

5. (1) An application for registration of a trade mark shall be made in the form F in the second schedule to these rules; (2) The remaining forms in such schedule may be used in all cases to which they are applicable.

Classification of goods.

Application by firm.

Agency.

Classification of Goods.

6. For the purposes of trade marks registration and of these rules goods are classified in the manner appearing in the third schedule hereto (f).

If any doubt arises as to what class any particular description of goods belong to, the doubt shall be determined by the Comptroller (g).

(f) See page 308.

(g) Wares made of mixed materials, such as cotton and silk, will be included in such one of the classes appropriated to those materials as the registrar may desire.

Application for Registration.

7. An application (h) for registration of a trade mark, if made by any firm or partnership, may be signed by some one or more members of such firm or partnership, as the case may be.

If the application be made by a body corporate it may be signed by the secretary or other principal officer of such body corporate.

(h) For form of application, see second schedule, Trade Marks Rules, form F, page 290. See s. 62, page 113.

8. An application for registration and all other communications between the applicant and the Comptroller may be made by or through an agent duly authorised to the satisfaction of the Comptroller (i).

(i) If the application is signed by an agent, the word "agent" must be added to the signature.

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