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Comptroller shall be subject to a further appeal to the court:
(13.) So much of the Cutlers' Company's Acts as applies to the summary punishment of persons counterfeiting Sheffield corporate marks, that is to say, the fifth section of the Cutlers' Company's Act of 1814, and the provisions in relation to the recovery and application of the penalty imposed by such last-mentioned section contained in the Cutlers' Company's Act of 1791, shall apply to any mark entered in the Sheffield Register.
These are new provisions, and they differ materially from those of the Act of 1875.
It is to be observed that an entirely new register is to be established in Sheffield, which in effect will comprise exact duplicates of the entries made in respect of the goods specified in sub-sect. 3 in the principal register. See sub-sect. 6.
By the Act of 1875, sect. 9, the Cutlers' Company were bound to deliver to the registrar copies of all Sheffield corporate marks then in force, and also thereafter to notify to the registrar all applications for the registration of marks in respect of the specified goods. The registrar was also bound to inform them of similar applications made to him. Thus the register under the Act of 1875 contained in duplicate all the entries in the Sheffield Register.
The class of goods in respect of which marks are to be registered at Sheffield is considerably enlarged by sub-sect. 3.
The new Sheffield Registry will contain not only the marks registered in the previous one, and also registered in duplicate in
the general register established by the Act of 1875, but also all SECT. 81. the marks contained in the latter register in respect of the goods now for the first time rendered registrable at Sheffield.
It was held under the Act of 1875 that, where a corporate mark had been assigned, but had not been surrendered by the assignee to the Cutlers' Company, and re-assigned by them to him, he could not obtain registration until he had properly perfected his title: In re Rabone & Co., Jessel, M.R., 1879, Seb. Dig. No. 643.
It will be noticed that the class of goods in respect of which marks are to be registered in Sheffield is by this sub-section considerably enlarged. See Cutlers' Company Act, 1860, sect. 2.
Applications under this sub-section are to be made in duplicate, accompanied by the prescribed fees and representations: Rule 53, and Instruction 37.
As to the representations, see Rule 13; and as to the fees, see first schedule to the Rules, which are applicable to the registration of Sheffield marks: see sub-sect. 7 below. As to metal goods other than those here specified, see Instruction 14.
Notice to the Comptroller is given by sending to him within seven days of the receipt of the application a copy of such application, together with two representations of the mark: Rule 54.
The Comptroller has to give notice of any objection within one month of the receipt by him of the notice. If he makes no objection the Cutlers' Company is to require the applicant to send him a wood block or electrotype of the mark, so that it may be advertised in the ordinary way, i.e., in accordance with Rules 25-28: see Rule 55.
It is noticeable that in case of objection by the Comptroller under this section there is no appeal to the Board of Trade as under sect. 62, but the application must be made direct to the court, presumably under sect. 90.
As to who is a person aggrieved, see sect. 90, although in this
SECT. 81. case it is difficult to conceive that any person other than the applicant can be aggrieved by the objection of the Comptroller to a mark.
By Rule 56, the procedure upon application to register a Sheffield mark is to be similar to that adopted in London.
This rule, and the above sub-section, seem in contradiction to sub-sect. 5. Standing alone they would allow of an appeal to the Board of Trade against the refusal of the Comptroller to register, but this course is not contemplated by sub-sect. 5.
As to the assignment of trade marks and the restrictions thereon, see sect. 70.
The manner prescribed is by sending to the Cutlers' Company a copy of the official paper (Rule 26) containing the application, with a note thereon distinguishing it; see Rule 55 (3).
The object of thus giving notice to the Cutlers' Company is to give them an opportunity of opposing the registration. When the Cutlers' Company opposed the registration of a trade mark for three classes on the ground that it so nearly resembled a Sheffield corporate mark many years previously assigned to another manufacturer and still used by him as to be calculated to deceive, and succeeded on appeal in their opposition in respect of two classes but abandoned it in respect of the third, the applicant for registration was ordered to pay the costs of the appeal, but no costs of the motion in the court below were given because he had virtually succeeded in obtaining registration of the mark for one class of goods: In re Rosing, 1878, C. A., Seb. Dig. No. 621.
All trade marks entered before the commencement of this Act in respect of the specified goods are to be entered in the new Sheffield Register, so it is difficult to conceive that there will be any cases of abandonment.
Since the provisions of the Act relating to applications for SECT. 82. registration are to apply (see sub-sect. 7), registration of a series of marks will be permissible: see sect. 66.
An application may be made by one or more members of a firm or by the secretary of a body corporate: Rule 7.
A body corporate may also be registered as proprietor of an ordinary trade mark : Rule 39.
Form of notice of appeal, see Form W, the fee being £1: see first schedule to the Rules.
There seems to be no appeal from the Comptroller to the Board of Trade: see sub-sect. 5.
It is presumed that the appeal to the court will be held to come with sect. 90, although that section does not appear to deal with the mere refusal to register a trade mark.
Patent Office, and proceedings thereat.
82. (1.) The Treasury may provide for the purposes Patent of this Act an office with all requisite buildings and conveniences, which shall be called, and is in this Act referred to as, the Patent Office.
(2.) Until a new Patent Office is provided, the offices of the Commissioners of Patents for Inventions and for the Registration of Designs and Trade Marks existing at
SECT. 83. the commencement of this Act shall be the Patent Office within the meaning of this Act.
Officers and clerks.
(3.) The Patent Office shall be under the immediate control of an officer called the Comptroller-General of Patents, Designs, and Trade Marks, who shall act under the superintendence and direction of the Board of Trade.
(4.) Any act or thing directed to be done by or to the Comptroller may, in his absence, be done by or to any officer for the time being in that behalf authorised by the Board of Trade.
The present Patent Office is in Southampton Buildings. The Patent Office and the Comptroller take the place of the Registry Office and Registrar under the repealed Acts. See sect. 7 of the Act of 1875.
As to the sale of official publications, &c., see Instructions 1-6. As to registration by the Cutlers' Company, see sect. 81, Rules 53-56, and Instructions 37. As to the Manchester office for facilitating the recording of trade marks used in respect of cotton goods, see Instruction 38.
83. (1.) The Board of Trade may, at any time after the passing of this Act, and from time to time, subject to the approval of the Treasury, appoint the ComptrollerGeneral of Patents, Designs, and Trade Marks, and so many examiners and other officers and clerks, with such designations and duties as the Board of Trade think fit, and may from time to time remove any of those officers and clerks.
(2.) The salaries of those officers and clerks shall be appointed by the Board of Trade, with the concurrence of the Treasury, and the same and the other expenses