"(a) A name of an individual or firm printed, impressed, 66 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, or ticket; or "(d) An invented word or invented words; or "(e) A word or words having no reference to the character or quality of the goods, and not being a geographical name. "(2) There may be added to any one or more of the essential particulars mentioned in this section any letters, words, or figures, or combination of letters, words, or figures, or of any of them, but the applicant for registration of any such additional matter must state in his application the essential particulars of the trade mark, and must disclaim in his application any right to the exclusive use of the added matter, and a copy of the statement and disclaimer shall be entered on the register. "(i.) A person need not under this section disclaim his own name or the foreign equivalent thereof, or his place of "(ii.) Any special and distinctive word or words, letter, 11. In section 67 of the principal Act the words "or s. 67, as to colours" shall be added after the word "colour" in each place where that word occurs. colours of trade marks. 12. In section 68 of the principal Act after the word "comp- s. 68, as to troller" shall be added the words "unless the comptroller refuse advertisement of applications. to entertain the application." 13.—(1) In subsection 1 of section 69 of the principal Act S. 69, as to for the words "two months" shall be substituted the words opposition to registration. "one month or such further time, not exceeding three months, as the comptroller may allow." (2) In the same sub-section the word "first" shall be omitted. (3) In sub-section 2 of the same section for the words "two months" shall be substituted the words "one month." (4) For sub-sections 3 and 4 of the same section the following sub-sections shall be substituted; namely, "(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, after hearing the applicant and the opponent, if so required, decide whether the trade mark is to be registered, but his decision shall be subject to appeal to the Board of Trade, who shall, if required, hear the applicant and the opponent and the comptroller, and may make an order determining whether, and subject to what conditions (if any), registration is to be permitted. "(4) The Board of Trade may, however, if it 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. "(5) If the applicant abandons his application after notice of opposition in pursuance of this section he shall be liable to pay to the opponent such costs in respect of the opposition as the comptroller may determine to be reasonable. "(6) Where the opponent is out of the United Kingdom he shall give the comptroller an address for service in the United Kingdom." S. 72, as to 14. In sub-section two of section 72 of the principal Act, restrictions on the following words shall be added at the beginning of the registration. sub-section, namely, "except as aforesaid," and for the words "so nearly resembling" shall be substituted the words "having such resemblance to." S. 73, as to restriction on registration. S. 74, as to additions to trade marks, 15. In section 73 of the principal Act the word "exclusive " shall be omitted. 16. For sub-section 2 of section 74 of the principal Act the following sub-section shall be substituted; namely, '(2) The applicant for registration of any such addition must, however, state in his application the essential particulars of the trade mark, and must disclaim in his application any right to the exclusive use of the added matter, and a copy of the statement and disclaimer shall be entered on the register. "Provided that a person need not under this section disclaim his own name or the foreign equivalent thereof, or his place of business, but no entry of any such name shall affect the right of any owner of the same name to use that name or the foreign equivalent thereof." 17. For section 75 of the principal Act the following section s. 75, as to shall be substituted; namely, 66 Application for registration of a trade mark shall be deemed to be equivalent to public use of the trade mark, and the date of the application shall for the purposes of this Act be deemed to be, and as from the first day of January, one thousand eight hundred and seventy-six, to have been the date of the registration." effect of registration. 18. After section 77 of the principal Act the following Certificate as section shall be added and numbered 77A; namely, to exclusive use and costs "In an action for infringement of a registered trade mark thereon. the Court or a judge may certify that the right to the exclusive use of the trade mark came in question, and if the Court or a judge so certifies, then in any subsequent action for infringement the plaintiff in that action, on obtaining a final order or judgment in his favour, shall have his full costs, charges, and expenses as between solicitor and client, unless the Court or judge trying the subsequent action certifies that he ought not to have the same." of 46 & 47 Vict. c. 57. 19. (1) In sub-section 5 of section 79 of the principal Act, Amendments for the words "the five years" shall be substituted the words "one year." S. 79, as to trade mark (2) To the same sub-section the following words shall be removal of added; namely, "unless it is shown to the satisfaction of the from the comptroller that the non-payment of the fee arises from the register. death or bankruptcy of the registered proprietor, or from his having ceased to carry on business, and that no person claiming under that proprietor or under his bankruptcy is using the trade mark." 20.-(1) For sub-section 2 of section 81 of the principal Act S. 81, as to the following sub-section shall be substituted: "(2) The Cutlers' Company shall enter in the Sheffield register in respect of metal goods as defined in this section, all Sheffield marks. the trade marks entered before the first day of January, one thousand eight hundred and eighty-nine, in respect of metal 38 & 39 Vict. goods either in the register established under the Trade Marks c. 91. Registration Act, 1875, or in the register of trade marks under this Act, belonging to persons carrying on business in Hallamshire or within six miles thereof. The Cutlers' Company shall also, on request made in the prescribed manner, enter in the Sheffield register, in respect of metal goods, all the trade marks which shall have been assigned by the Cutlers' Company and actually used before the first day of January, one thousand eight hundred and eighty-four, but which have not been entered in either of the said other registers." (2) In sub-sections 3 and 8 of the same section, for the words "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 be substituted the words "on metal goods." (3) For sub-section 7 of the same section the following subsection shall be substituted: "(7) The provisions of this Act and of any general rules made under this Act with respect to the registration of trade marks, and all matters relating thereto, shall, subject to the provisions of this section, apply to the registration of trade marks on metal goods by the Cutlers' Company, and to all matters relating thereto; and this Act and any such general rules shall, so far as applicable, be construed accordingly with the substitution of the Cutlers' Company, the office of the Cutlers' Company, and the Sheffield register, for the comptroller, the Patent Office, and the registrar of trade marks respectively; and notice of every entry, cancellation, or correction made in the Sheffield register shall be given to the comptroller by the Cutlers' Company: Provided that this section shall not 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." (4) To the same section the following sub-sections shall be added; namely, "(14) For the purposes of this section the expression" metal goods" means all metals, whether wrought, unwrought, or partly wrought, and all goods composed wholly or partly of any metal "(15) For the purpose of legal proceedings in relation to trade marks entered in the Sheffield register a certificate under the hand of the master of the Cutlers' Company shall have the same effect as the certificate of the comptroller." 21. In section 87 of the principal Act, after the words S. 87, as to "subject to," shall be added the words "the provisions of this entry of Act and to." assignments, &c. 22. In section 88 of the principal Act, after the words S. 88, as to subject to," shall be added the words "the provisions of this inspection. Act and to." 23. In section 90 of the principal Act, after the words "of S. 90, as to 66 rectification of the name of any person," shall be added the words or of any register. other particulars." 24. To section 91 of the principal Act the following sub- S. 91, as to section shall be added; namely, "(d) Permit an applicant for registration of a design or trade mark to amend his application by omitting any particular goods or classes of goods in connection with which he has desired the design or trade mark to be registered." correction of errors. 25. After section 102 of the principal Act the following Proceedings of section shall be added and numbered 102A ; namely, "(1) All things required or authorised under this Act to be done by, to, or before the Board of Trade, may be done by, to, or before the President or a secretary or an assistant secretary of the Board. "(2) All documents purporting to be orders made by the Board of Trade and to be sealed with the seal of the Board, or to be signed by a secretary or assistant secretary of the Board, or by any person authorised in that behalf by the President of the Board, shall be received in evidence, and shall be deemed to be such orders without further proof, unless the contrary is shown. "(3) A certificate, signed by the President of the Board of Trade, that any order made or act done is the order or act of the Board, shall be conclusive evidence of the fact so certified." Board of Trade. 26. After section 112 of the principal Act the following Jurisdiction of section shall be added and numbered 112A; namely, "The Court of Chancery of the County Palatine of Lancaster shall, with respect to any action or other proceeding in relation Lancashire |