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ship. The rule applicable to patents, in the case of International Exhibitions, set forth on page 32, is equally applicable to designs.
Any person who during the continuance of copyright in a design—without the consent of the proprietorapplies the design, or any fraudulent or obvious imitation thereof, to any article or substance in the class in which the design is registered, or publishes or exposes for sale, or sells such article or substance, with such design, knowing that the same has been applied without the consent of the registered proprietor, is liable, for each offence, to forfeit the sum of £50 to the registered proprietor of the design, who may recover such sum, as a simple contract debt, by action in any court of competent jurisdiction. Or in lieu of this, the proprietor of the design can enter an action for damages, and obtain an injunction as in the case of patent infringement.
Goods are divided into fourteen classes, and a separate registration is required for each class in which it is desired to secure the design; and in case of doubt in which class a design ought to be registered, the Comptroller may decide the question.
The classes are arranged according to the material of which the goods are chiefly or wholly composed as
ist Class, metals, not gold, silver, plated goods, or jewellery.
2nd Class, jewellery, gold, silver, and plated goods. 3rd Class, vegetable or animal solid substances.
4th Class, glass, clay goods, earthenware, cement, and other mineral non-metallic solid substances.
5th Class, paper, except paper-hangings.
10th Class, millinery, wearing apparel, boots,
needlework on textile
11th Class, ornamental
12th Class, goods not included in other classes. 13th Class, printed or woven designs on textile piece goods.
14th Class, printed or woven designs on handkerchiefs, shawls, and towels.
The cost in each of the first twelve classes, when four representations of the design are furnished to us on paper, is £1 Is., or in the case of a mechanical contrivance, or set of articles such as chessmen, about £2 10s. including drawings. For registering a single printed or woven pattern or design in lace or in Class 13 or 14, the cost is 7s. 6d. ; for a number of series of six or more the cost is 5s. each.
It is customary to style all proprietary medicines patent medicines "though they are rarely the subject of a patent. It is indeed hardly ever desirable to patent a medicine, as a mere prescription cannot validly be patented, but patenting it simply explains its manufacture for the benefit of imitators. The best mode of protecting a medicine is to get a distinctive name, and register that name as a trade-mark.
Proprietary medicines must bear a Government medicine stamp on every package or bottle, the price of which stamp is 1d. for 1s. of the selling value, 3d. for 2s. 6d., 6d. for 4s., and more for higher prices, while the seller must be the holder of a license. This license costs 5s. a year. The Government stamp does not convey a right in the nature of a patent, but is a duty imposed by law on these proprietary medicines or specifics.
The stamps for denoting these duties can be obtained on application, but when the proprietor of the medicine desires to vend it under Stamp Duty Labels specially appropriated to himself and having his name or other particulars thereupon, it is necessary to have a plate specially engraved for printing such stamps. The cost of engraving an appropriated medicine stamp plate is about £8. Such appropriated labels are only supplied to the person for whose use and at whose cost the plate from which they are printed was prepared, or to his authorised agent. The penalty for infringement is £10 for every case.
REGISTRATION OF TRADE MARKS.
There are few things of more value to the merchant or manufacturer than the exclusive right to the use of a trade mark, by means of which his goods are at once recognised, even where no name appears upon them. The name of a firm can be imitated so nearly as to be calculated to deceive—or even adopted altogether by others of the same surname, and the firm has usually no redress—but the fraudulent imitating of a validly registered trade mark is a criminal as well as a civil offence. The necessity for valid registration, however, is not sufficiently realised by many until they discover their marks pirated by unscrupulous rivals. Then when they come to register them, they too often find that their marks are not registerable, or perhaps already registered by their rivals.
All traders who use trade marks or names to distinguish their goods should be careful only to adopt such as are registerable under the latest Acts of Parliament, as construed by the courts, and should
have such marks registered as soon as adopted, and before any great amount of expense has been incurred in advertising them or in bringing them before the public. By adopting this course a large amount of annoyance and expense will often be saved, and the proprietor will have the satisfaction of knowing that he has an indefeasible right to his distinguishing mark or name.
No person has any exclusive right to the use of a trade mark, nor can he take any steps to prevent infringement or piracy until the trade mark is registered, except in certain cases where he has had a long undisturbed exclusive use of the mark, and establishes his rights under common law. It is very unsafe, however, to trust to this protection in the case of a mark that is registerable.
WHAT CAN AND CANNOT BE
REGISTERED. What can be Registered.
(1) “A name of an individual (or of a firm, it its name contains a surname), printed, impressed, or woven in some particular and distinctive manner"; or
(2) “A written signature or copy of a written signature, of an individual or firm, applying for registration thereof as a trade mark”; or
(3) “A distinctive device, mark, brand, heading, label, or ticket”; or
(4) “An invented word or invented words”; or
(5) “A word or words having no reference to the character or the quality of the goods, and not being a geographical name.” (To any of these may be added any letters, words, or figures, or combination of letters, words, or figures; but the applicant for registration must state in his application the essential particulars of the trade mark, and must disclaim
any right to the exclusive use of the added matter, except his own name and address.)
(6) “Any special and distinctive word or words, letter, figure, or combination of letters or figures used as a trade mark before the 13th day of August, 1875." The words "
Invented word have been of late much more liberally interpreted than formerly. Now any word not in actual use in any well known language is held to be an invented word, unless it be mere bad spelling. Thus “soapal” is a registerable word for soap, but “sope” is not. Similarly the words “Geographical names are now understood in a common sense manner, and to mean such names as would naturally under the circumstances be held geographical. Thus "Magnolia” was held not geographical though there were twenty-two places in the United States called Magnolia.
The following are not Registerable as new trade marks, or as parts of new trade marks (by new we mean those not in use before the 13th of August, 1875) :
Ornamental or coloured groundwork, such as tartans or checks, unless such groundwork be included within the mark by some border or lines.
Representations of the King, or of any member of the Royal Family.
The Royal Arms, or arms so nearly resembling them as to be calculated to deceive.
Representations of the Royal Crown.
The words “Registered," “Registered Design," "Copyright,” “Entered at Stationers' Hall," " To counterfeit this is Forgery."
A word in use as a Surname, or a combination of Surname and Christian name, which might possibly be the name of an existing individual, unless rendered in some particular and distinctive manner.