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The additional fee for the restoration of the trade mark when SECT. 80. removed for non-payment of the fee is £1: see First Schedule.
The meaning of this sub-section is that when a trade mark has been removed under this section, the Comptroller shall, until the expiration of five years, treat all applications for registration as though it were still on the register; in other words, he will not be able to register for the same description of goods a mark so similar as to be calculated to deceive: see sect. 72.
The language of this sub-section is sufficiently wide to cover all cases of removal from the register, e.g., under sect. 90 as well as under this section. Consequently a trader justly entitled to a trade mark, who has been anticipated in registration by another, should move under sect. 90 to rectify the register by the insertion of his name, and not by removal in toto of the trade mark, otherwise he will preclude himself from registering for five years. There seems no reason why this should not be done, since upon the original application all the necessary formalities will have been observed: In re Rust & Co., Jessel, M.R., 1878, 44 L. T. N. S. 98; 29 W. R. 393; but see Ex parte Lawrence Bros., Jessel, M.R., 1878, and In re Farina's Trade Mark, Jessel, M.R., 1881, ibid.; and In re Meikle's Trade Mark, Hall, V.-C., 1876, 24 W. R. 1067; and Orr-Ewing v. Registrar of Trade Marks, Hall, V.-C., 1879, 8 Ch. D. 798; 47 L. J. Ch. 180; 38 L. T. N. S. 313; 26 W. R. 259.
80. There shall be paid in respect of applications Fees for and registration and other matters under this part of &c. this Act, such fees as may be from time to time, with the sanction of the Treasury, prescribed by the Board of Trade; and such fees shall be levied and paid to the account of her Majesty's Exchequer in such manner as the Treasury may from time to time direct.
Registration by Cutlers' Company of Sheffield marks.
By sect. 7 of the Act of 1875, the Lord Chancellor was empowered to make, with the assent of the Treasury, general rules as to fees. This power is now vested in the Board.
As to the fees now fixed by the Board of Trade, see Rule 3, and the first schedule to the Rules, and also Instruction 3. They will only be received in exchange for the stamped forms supplied by the Patent Office : see Instruction 2.
81. With respect to the Master, wardens, searchers, assistants, and commonalty of the Company of Cutlers in Hallamshire, in the county of York (in this Act called the Cutlers' Company), and the marks or devices (in this Act called Sheffield marks) assigned or registered by the Master, wardens, searchers, and assistants of that company, the following provisions shall have effect:
(1.) The Cutlers' Company shall establish and keep at Sheffield a new register of trade marks (in this Act called the Sheffield Register):
(2.) The Cutlers' Company shall enter in the Sheffield Register, in respect of cutlery, edge-tools, or raw steel and the goods mentioned in the next sub-section, all the trade marks entered before the commencement of this Act in respect of cutlery, edge-tools, or raw steel and such goods in the register established, under the Trade Marks Registration Act, 1875, belonging to persons carrying on business in Hallamshire, or within six miles. thereof, and shall also enter in such register,
in respect of the same goods, all the trade SECT. 81.
(3.) An application for registration of a trade mark
(4.) Every application so made to the Cutlers' Company shall be notified to the Comptroller in the prescribed manner, and unless the Comptroller within the prescribed time gives notice to the Cutlers' Company that he objects to the acceptance of the application, it shall be proceeded with by the Cutlers' Company in the prescribed manner:
(5.) If the Comptroller gives notice of objection as aforesaid, the application shall not be proceeded with by the Cutlers' Company, but any person aggrieved may appeal to the
(6.) Upon the registration of a trade mark in the Sheffield Register the Cutlers' Company shall give notice thereof to the Comptroller, who shall thereupon enter the mark in the Register of Trade Marks; and such registration shall bear date as of the day of application to the Cutlers' Company, and have the same effect as if the application had been made to the Comptroller on that day:
(7.) The provisions of this Act, and of any general rules made under this Act, with respect to application for registration in the Register of Trade Marks, the effect of such registration, and the assignment and transmission of rights in a registered trade mark, shall apply in the case of applications and registration in the Sheffield Register; and notice of every entry made in the Sheffield Register must be given to the Comptroller by the Cutlers' Company, save and except that the provisions of this sub-section shall not prejudice or 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:
(8.) Where the Comptroller receives from any person not carrying on business in Hallamshire or within six miles thereof an application for
registration of a trade mark used on cutlery, SECT. 81.
(9.) At the expiration of five years from the commencement of this Act the Cutlers' Company shall close the Cutlers' Register of corporate trade marks, and thereupon all marks entered therein shall, unless entered in the Sheffield Register, be deemed to have been abandoned : (10.) A person may (notwithstanding anything in any Act relating to the Cutlers' Company) be registered in the Sheffield Register as proprietor of two or more trade marks:
(11.) A body of persons, corporate or not corporate, may (notwithstanding anything in any Act relating to the Cutlers' Company) be registered in the Sheffield Register as proprietor of a trade mark or trade marks:
(12.) Any person aggrieved by a decision of the Cutlers' Company in respect of anything done or omitted under this Act may, in the prescribed manner, appeal to the Comptroller, who shall have power to confirm, reverse, or modify the decision, but the decision of the