Names or places or geographical expressions such as "Arctic" or "Patagonian."

Pictorial representations of goods to which the marks are applied.

Names of persons in the possessive case in combination with names of goods; and in practice any name known as connected with some other living person or firm, such as a nom de plume.

Series. Where a number of trade marks are employed resembling each other in material particulars, yet differing in respect of

(a) The statement of goods for which they are used (comprised in the same class); or (b) Statements of numbers; or

(c) Statements of price; or

(d) Statements of quality; or

(e) Statements of names of places ;

they may be registered as a "series" in one registration. If, however, a trade mark nearly resemble another in use before the 13th day of August, 1875, or already registered, registration may be refused; nor can anything "calculated to deceive," "scandalous design," be registered.

or any

A trade mark may be registered in any colour or colours, and such registration confers on the owner the exclusive right to use it in that or any other colour.

The owner of a trade mark licensing or even tacitly permitting another and rival firm or individual to use his trade mark forfeits his exclusive right to such trade mark. This does not apply, however, if the goods marked are the trade mark owner's own goods put up or bottled by the other.

Thus if A owns the trade mark of a picture of a cat and the word "Cat" below, for tea, and B uses as a mark the word cat on his tea, publicly and for some years, and A, knowing of it, neglects to prosecute

for a year or two, it is open for any one to mark tea with the word cat; but A can still maintain an action for infringement against any one using the picture of a "Cat" on tea.

The prior registration of a trade mark is primâ facie evidence of the legal right to such trade mark being invested in the person so first registering.

The registration of a trade mark is, after five years, conclusive evidence of the right to the exclusive use of the same, provided it be a trade mark within the meaning of the Act, except in case of fraud, and with this exception. Where a new article, the subject of a patent, has become known by a distinctive name, any person is entitled after the expiration of the patent to make or sell it under such name, and the patentee cannot prolong his monopoly by registering the said name as a trade mark.

SEARCHES.

No trade mark, having such resemblance to one already on the register in respect of similar goods, is officially accepted for registration. It is often desirable, therefore, in order to avoid delay and useless expense, to institute a search before applying for registration. For this purpose, we have compiled at Liverpool, as a special feature of our business, a copy of the entire register with the exception of the cotton marks, arranged chronologically and in classes, and thus have unsurpassed facilities of ascertaining quickly whether a trade mark is an infringement of any existing registered mark, or whether it is capable of being registered. Having established this register ourselves (the only one in the United Kingdom except the London one) we are able to avoid having to pay the Government fee hitherto payable for searches and the long delay, and are able to make

an examination, furnish particulars of all the nearest trade marks already on the register, and give our candid opinion as to the probability of securing you a trade mark registration, with promptitude.

APPLICATION FOR REGISTRATION.

Who can Register.-Any person, firm, company, corporation, or association, British or alien, can apply for and obtain registration of his or their trade marks. Examination.--All applications are formally examined, and if found to come within the definition of a trade mark, and not conflicting with others already on the register, are passed by the Trade Marks Office, usually within four to eight weeks after application. They are then advertised, and within one month of the appearance of such advertisement, any interested or aggrieved person who may consider himself to have a prior claim to the mark may enter opposition to the registration. Should no opposition be entered during the aforesaid period, or such further time as may be allowed in certain cases, and should no exception be taken by Government officials, the mark is formally registered.

If an application be opposed, or two or more persons apply for registration of the same trade mark contemporaneously, the case is heard by the Registrar of Trade Marks, who decides as to the respective right to the said trade mark.

The decision of the Registrar is subject to appeal to the Board of Trade, who decide the matter, or (if it appear expedient) refer the appeal to one of the superior courts, and in that event the court has jurisdiction to hear and determine the appeal.

Where the private rights of the two adverse parties are at stake, the Board of Trade almost always refers the matter to a court.

If at any time any person feels himself aggrieved by the registration of any trade mark, he can apply to the courts to have the register amended; and if he be found to have just ground for his objection, the alteration will be made accordingly.

Assignments.-A registered trade mark is assignable only in connection with the goodwill of the business concerned in the particular class or classes of goods for which it has been registered.

Abandoning the use of a trade mark for a term of years, vitiates the rights obtained by registration. If, however, its use be recommenced, the old registration is sufficient against all persons, except those claiming to have used the mark before the recommencement of using.

Registration of a trade mark is equivalent to public use of the trade mark.

A trade mark must be registered for particular goods or classes of goods. Registration in each class is treated as registration of a separate mark. There are fifty classes of goods as follows:

:

CLASSIFICATION TABLE OF Goods.

1. Chemical substances used in manufactures, photography or philosophical research, and anticorrosives, such as acids, alkalies, paints, natural dyes, varnishes, and photo films.

2. Chemical substances used for agricultural, horticultural, veterinary, and sanitary purposes, such as manures, sheepwashes, deodorisers, cattle medicines, vermin destroyers, chloride of lime for disinfecting.

3. Chemical substances used in medicine or pharmacy, such as tinctures, patent medicines, cod-liver oil, plasters, and medicated articles.

4. Raw and partly prepared vegetable, animal, and mineral substances used in manufactures not included in other classes, such as resins, oils for chemical

purposes (such as creosote oil), dyes other than mineral, tanning materials, wool, silk, bristles, hair, feathers, cork, linseed, coal, coke, bone, sponge.

5. Unwrought and partly wrought metals used in manufacture, rough pig or ingot, hoops, wire, bars, rails, bolts, sheets, or plates of iron, steel, lead, copper, zinc, tin, bismuth, antimony; also precious metals in ingots, telegraph wires.

6. Machinery (except agricultural machinery), such as steam engines, boilers, machine tools, sewingmachines, dynamos and motors.

7. Agricultural machinery, such as ploughs, thrashing machines, churns, cider presses, chaff cutters.

8. Philosophical instruments, and instruments and apparatus for teaching, such as gauges, school desks, ships' logs, cameras, cables, photographs.

9. Musical instruments.

10. Clocks, watches, and horological instruments generally.

II. Surgical apparatus, instruments, and contrivances not medicated, such as bandages, friction gloves, lancets.

12. Cutlery and edged tools, such as knives, shears, files, saws.

13. Metal goods not included in other classes, such as anvils, keys, needles, shovels, and corkscrews, electric lamps, steel wire ropes.

14. Precious and rare metals and jewellery, including aluminium, nickel, Britannia metal, plated goods, pencil cases, and clock cases of such metals. 15. Glass of all kinds.

16. Porcelain, earthenware, bricks, and tiles.

17. Manufactures from mineral and other substances used for building, such as cement, plaster, imitation marble, and asphalt.

18. Engineering, architectural, and building contrivances and apparatus, such as diving, warming,