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10. Where application is made to register a trade Contents of mark which was used by the applicant or his pre- application. decessors in business before the 13th of August 1875, the application shall contain a statement of the time during which and of the person by whom it has been so used in respect of the goods mentioned in the application.
As to the advantages pertaining to an application for registration of an old mark, see sects. 64 and 72. A statutory declaration of the length of user is no longer necessary.
II. Subject to any other directions that may be given size, &c., of by the Comptroller, all applications, notices, counterstatements, representations of marks, papers having representations affixed, or other documents required by the said Act or by these Rules to be left with or sent to the Comptroller or to the Cutlers' Company, shall be upon foolscap paper of a size of 13 inches by 8 inches, and shall have on the left-hand part thereof a margin of not less than one inch and a half.
As to Cutlers' Company, see sect. 81 and Rules 53-56 and Instruction 37.
tion of metal
12. In the case of an application for the registration Qualifica of a trade mark used on any metal goods, other than goods. cutlery, edge-tools, and raw steel, the applicant shall state in the specification of goods in the form of application of what metal or metals the goods in respect to which he applies are made.
See also Instruction 14.
Representa. tions of
13. Subject to any other directions that may be given trade mark. by the Comptroller, three representations of each trade mark, except in the case of marks applied for in classes 23 to 35 inclusive, must be supplied upon paper of the size aforesaid, and must be of a durable nature. One of such representations must be made upon or affixed to the form of application, the others upon separate half-sheets. In the case of trade marks exceeding the limits of the foolscap paper of the size aforesaid, such marks may be pasted and folded upon the sheets of foolscap.
In the case of marks applied for in classes 23 to 35 inclusive, the applicant shall supply four representations of each mark for each class.
Where a drawing or other representation or specimen cannot be given in manner aforesaid, a specimen or copy of the trade mark may be sent either of full size or on a reduced scale, and in such form as the Comptroller may think most convenient.
The Comptroller may, if dissatisfied with the representation of a trade mark, require a fresh representation, either before he proceeds with the application or before he registers the trade mark.
The Comptroller may also, in exceptional cases, deposit in the Patent Office a specimen or copy of any trade mark which cannot conveniently be shown by a representation, and may refer thereto in the register in such manner as he may think fit.
As to representations, see Instructions 13, 16, and 17.
Four representations are required in the textile classes, so that one of them may be exhibited at Manchester: Instruction 38. One representation is affixed to the form of application (Form F), and the additional representations to separate sheets of paper (Form G).
tions of a
14. When an application relates to a series of trade Representamarks differing from one another in respect of the series of particulars mentioned in sect. 66 of the said Act, a representation of each trade mark of the series shall be made or affixed upon the form of application, and also upon each of the separate half-sheets of paper aforesaid.
As to a series, see Instruction 18 and Rule 28.
15. Wherever a mark consists of or includes words Translation printed in other than Roman character, there shall be characters. given at the foot or on the back of each representation
a translation of such words, signed by the applicant or his agent.
See Instruction 15, and In re Rotherham's Trade Mark, C. A. 1880, 14 Ch. D. 585 ; 49 L. J. Ch. 513; 43 L. T. N. S. 1.
16. Any application, statement, notice, or other Mode of document authorised or required to be left, made, or notices, &c. given at the Patent Office, or to the Comptroller, or to any other person under these Rules, may be sent by a prepaid letter through the post, and if so sent shall be deemed to have been left, made, or given respectively at the time when the letter containing the same would be delivered in the ordinary course of post.
Hearing by Comptroller.
In proving such service or sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.
Communications relating to different applications should be made in different letters: see Instruction 8. Compare sect. 97, and see Instruction 1.
Exercise of Discretionary Powers.
17. Before exercising any discretionary power given to the Comptroller by the said Act adversely to the applicant for registration of a trade mark, the Comptroller shall give him ten days' notice of the time when he may be heard personally or by his agent before the Comptroller.
See sect. 94. As to meaning of "applicant" here, see Rule 40.
18. Within five days from the date when such heard before notice would be delivered in the ordinary course of
wish to be
Comptroller. post, the applicant shall notify to the Comptroller
whether or not he intends to be heard upon the matter.
19. The decision of the Comptroller in the exercise of decision. of any such discretionary power as aforesaid shall be notified to the applicant.
Appeal to the Board of Trade.
20. Where the Comptroller refuses to register a
Trade. trade mark, and the applicant intends to appeal to
the Board of Trade from such refusal, he shall, within one month from the date of the decision appealed against, leave at the Patent Office, Trade Marks Branch, a notice of such his intention.
See sect. 62.
21. Such notice shall be accompanied by a state- Statement ment of the grounds of appeal, and of the applicant's of appeal. case in support thereof.
For form of appeal see Form H in second schedule.
22. The applicant shall forthwith, on leaving such Copy of notice, send a copy thereof to the secretary of the Board of Board of Trade, No. 7 Whitehall Gardens, London.
23. The Board of Trade may thereupon give such Directions directions (if any) as they may think fit with respect to evidence, or otherwise, for the purpose of the hearing of the appeal by the Board of Trade, or for the purpose of their referring the appeal to the court to hear and determine the same.
As to procedure, see notes to sects. 62 and 90.
24. Where the Board of Trade intend to hear the Notice of appeal, seven days' notice, or such shorter notice as the hearing. Board of Trade may in any particular case direct, of the time and place appointed for the hearing, shall be given to the Comptroller and the applicant.