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importation into the United Kingdom, and may be seized and retained under the regulations of the Commissioners of Customs.

In cases where the trade description implies that the goods are the produce of a given place or country, and the goods are not actually made or produced in that place or country, there must be added to the trade description immediately before or after the name of that place or country if given, or after such implication in an equally conspicuous manner with that name or implication, the name of the place or country in which the goods were actually made or produced, with a statement that they were made or produced there.

Any person within the United Kingdom aiding or abetting in the commission, without the kingdom, of an act which, if committed within the kingdom, would be an offence, is guilty of an offence against the Act as a principal, and may be prosecuted at the place at which he resides. Every person guilty of an offence against the said Act is liable

(1) On conviction on indictment to imprisonment with or without hard labour for a term not exceeding two years, or to a fine, or to both imprisonment and fine.

(2) On summary conviction to imprisonment, with or without hard labour, for a term not exceeding four months, or to a fine not exceeding £20; and in the case of a second or subsequent conviction, with or without hard labour for a term not exceeding six months, and to a fine not exceeding £50.

(3) In any case forfeit to His Majesty every chattel, article, instruinent, or thing falsely marked, or by means of, or in relation to which the offence has been committed,

An action for an offence under this Act can in England be summarily proceeded with before any two Justices of the Peace sitting together. In

Scotland it can be tried before the Sheriff of the County in which the offender resides or carries on business. In Ireland, before the Courts of Petty Sessions, or the courts in the police district, Dublin.

No prosecution can be commenced for an offence committed more than three years previously, or that has come to the knowledge of the prosecutor more than one year prior to the commencement of the action.

By the Margarine Act of 1887 it is enacted that no preparation in imitation of Butter shall be sold except by the name of " Margarine,” under a penalty of £20 for a first offence, £50 for a second offence, and £100 for a third offence.


The following particulars should be sent to us by any one requiring the registration of one or more trade marks :

(1) Three copies on paper of each mark for each class (see pages 57 to 61) in which it has to be registered, or six copies in the case of classes 22, 23, 24, and 25.

(2) Date at which the mark was first used if before the 13th of August, 1875. (It is very useful in most cases to have this recorded.)

(3) Full name, address, and business of owner of trade mark, whether an individual, firm, or company—if the latter, full name of secretary also.

(4) List of goods and classes of goods for which the mark is used.

(5) A letter of authorisation to the Patent Agent, signed by the applicant, or if a company by the secretary or a director on behalf of that company, as follows :—“GENERAL AUTHORITY. The undersigned do hereby authorise and appoint Messrs. W. P.

Thompson & Co. of [state which office], agents in all matters relating to [his, her, or their] applications for registration of trade marks made on or after the date hereof, this General Authority to remain in force till revoked by [him, her, or them]. All communications to be sent to aforesaid agents at said address."


The cost of registration, including specifying and classifying goods, preparing blocks, pictorial advertisement in and copy of the official paper, and agency fee, will be as follows, except in the case of large and intricate marks, when an additional charge is made for block cutting and advertising :—

For registering one trade mark, for one class of
goods only, including block, pictorial adver-
tisement, copy of official paper, and Govern-
ment fees.

On application

On completion


For altering or substituting another mark for one
objected to on application.

For registering a "series" (see page 54) of trade
marks, for each additional mark after the

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For negotiating for obtaining the consent of) o
an owner of a conflicting mark when

For drawing up and entering an opposition to a
trade mark entered for registration by some
other party, including Government fees
For drawing up and entering a defence against




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Defending or opposing a trade mark from £5 to 100
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For registering assignee, or subsequent proprietor

of a trade mark
Altering an address on the register
Obtaining a certificate of due registration of any

trade mark available as evidence in a court

Ditto available for the obtaining of registration

Renewal of Registration at end of 14 years
Copy of single number of Trade Mark Journal,

containing advertisement of trade mark
Search to ascertain if any one mark be registered

or who is the owner of any mark, or whether
a given individual has registered a mark, from

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It is also of the utmost importance to those merchants and manufacturers whose goods are exported to have their trade marks registered in every country or colony in the markets of which the goods are sold. Registration at home gives no protection whatever outside the United Kingdom, and it is well known that native manufacturers, and those competing from other foreign countries, pirate and counterfeit British traders' marks when such are not registered in the country to which the goods are going. Instances, too, frequently occur of the consignee of a British trader registering the mark as his own, for the purpose of securing a monopoly to himself of all goods so marked.

We therefore strongly advise all owners of trade marks to have them registered in any and every country in which their goods find a market.

Under the heading of each country in the latter portion of this book will be found the cost of registering a trade mark in the country in the case of trade marks already registered in Great Britain,


The law of Copyright in England is very complicated, there being a different set of laws for :

1. Unpublished works.
2. Printed books and pamphlets.
3. Newspapers.
4. Music and theatrical productions.
5. Paintings, and other like works of art.
6. Engravings.

7. Sculpture. The author of any original literary production, picture, music, or play, has the exclusive right of publishing or performing it under the conimon law; but if he publish the book or perform (or allow to be performed in public) the music or play, or sell the picture or a copy thereof, his common law right ceases and the copyright laws come into force. The writer of a letter under ordinary circumstances has the sole right of printing it. A lecturer, too, has a copyright on his lecture, till it be published; a person can take notes, but not publish these notes.


AND Maps.

The author of any of these, being a subject of the King of Great Britain, or of any of the countries of the Berne Convention (see heading, “International Copyright,” page 71), can obtain protection for such works for forty-two years from the day of publication, or till seven years after his death, whichever be the later date, provided he register the work at Stationers' Hall, giving the correct date of first publication and other particulars; or if being resident in any other country of the Berne Convention he fulfil the copyright

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