Advertisement of

Advertisement of Application.

25. Every application shall be advertised by the application. Comptroller in the official paper, during such times, and in such manner, as the Comptroller may direct.

Definition

of official paper.

Means of advertising

to be sup

plied to, official

paper.

If no representation of the trade mark be inserted in the official paper in connection with the advertisement of an application, the Comptroller shall refer in such advertisement to the place or places where a specimen or representation of the trade mark is deposited for exhibition.

As to advertisements, see Instructions 21 to 28. The Comptroller is bound to advertise at once on receiving the application : sect. 68.

26. The official paper for the purposes of these Rules shall be some paper published under the direction of the Board of Trade, or such other paper as such Board may from time to time direct.

27. For the purposes of such advertisement the trade mark applicant may be required to furnish a wood block or electrotype (or more than one, if necessary) of the trade mark, of such dimensions as may from time to time be directed by the Comptroller, or with such other information or means of advertising the trade mark as may be required by the Comptroller; and the Comptroller, if dissatisfied with the block or electrotype furnished by the applicant or his agent,

may require a fresh block or electrotype before proceeding with the advertisement.

In classes 23, 24, and 25, no blocks are required: Instruction 22. As to wood blocks and electrotypes to be supplied, see further Instructions 22-28.

ment of

28. When an application relates to a series of trade Advertisemarks differing from one another in respect of the series. particulars mentioned in sect. 66 of the said Act, the applicant may be required to furnish a wood block or electrotype (or more than one, if necessary) of any or of each of the trade marks constituting the series; and the Comptroller may, if he thinks fit, insert with the advertisement of the application a statement of the manner in respect of which the several trade marks differ from one another.

See Instruction 23. As to representations of a series, see Rule 14.

Opposition to Registration.

bringing

court.

29. (1.) Where a case stands for the determination Manner of of the court, under the provisions of sect. 69 of the said case before Act, the Comptroller shall require the applicant within one month, or such further time as the Comptroller may allow, to issue a summons in the chambers of a judge of her Majesty's High Court of Justice for an order that, notwithstanding the opposition of which notice has been given, the registration of the trade mark be proceeded with by the Comptroller, or to take such other proceedings as may be proper and necessary for the determination of the case by the court.

Mode of giving

the matter

has been

brought

(2.) The applicant shall thereupon issue such summons, or take such other proceedings as aforesaid, within the period of one month above named, or such further time as the Comptroller may allow, and shall also within the like period give notice thereof to the Comptroller.

(3.) If the applicant shall fail to issue such summons, or to take such other proceedings, of which failure the non-receipt by the Comptroller of the said notice shall be sufficient proof, the applicant shall be deemed to have abandoned his application.

(4.) Such notice to the Comptroller shall be given notice that by delivering at or sending to the Patent Office a copy of the summons or other initiatory proceeding before the bearing an endorsement of service signed by the applicant or his solicitor, or an endorsement acceptance of service signed by the opponent or his solicitor.

court.

Time of registration of trade marks.

of

As to procedure in cases of opposition see notes to sect. 69, and for forms of counter-statement and bond see Instruction 33. The applicant for registration will be afforded an opportunity of objecting to the solvency of the security: Instruction 34. The case stands for the determination of the court only when security has been given: In re Brandreth's Trade Mark, Jessel, M.R., 1878, 9 Ch. D. 618; 47 L. J. Ch. 816; 27 W. R. 281. As to form of notice of opposition, see Form J in the second schedule.

Register of Trade Marks.

30. As soon as may be after the expiration of two months from the date of the first advertisement of the application, the Comptroller shall, subject to any such

summons or other proceeding as aforesaid and the determination of the court thereon, if he is satisfied that the applicant is entitled to registration, and on payment of the prescribed fee, enter the name, address, and description of the applicant in the Register of Trade Marks as the registered proprietor of the trade mark in respect of the particular goods or classes of goods described in his application.

The fee is I see first schedule. It is payable only by the stamp impressed on Form L: see Instruction 36.

plicant dies

tration, the

may be

registered

cessor to

31. In case of the death of any applicant for a Where aptrade mark after the date of his application, and before regisbefore the trade mark applied for has been entered trade mark on the register, the Comptroller, after the expiration for suc of the prescribed period of advertisement, may, on goodwill of being satisfied of the applicant's death, enter on the register, in place of the name of such deceased applicant, the name, address, and description of the person owning the goodwill of the business, if such ownership be proved to the satisfaction of the Comptroller.

business.

be made in

32. Upon registering any trade mark the Comp- Entries to troller shall enter in the register the date on which register. the application for registration was received by the Comptroller (which day shall be deemed to be the date of the registration), and such other particulars as he may think necessary.

As to registration subject to a note containing limitations as to user, see sect. 62 (4). This rule appears to empower the Comptroller to add such a note.

Notice of

33. The Comptroller shall send notice to the appliregistration. cant of the registration of his trade mark, together

Request by subsequent

with a reference to the advertisement of such trade mark in the official paper.

34. Where a person becomes entitled to a registered proprietor. trade mark by assignment, transmission, or other operation of law, a request for the entry of his name in the register as proprietor of the trade mark shall be addressed to the Comptroller, and left at the Patent Office.

Signature of request.

request.

For form of request and declaration see Form K in the second schedule. The fee is £1: see first schedule and Instructions 3 and 42.

35. Such request shall in the case of an individual be made and signed by the person requiring to be registered as proprietor, and in the case of a firm or partnership by some one or more members of such firm or partnership, or in either case by his or their agent respectively duly authorised to the satisfaction of the Comptroller, and in the case of a body corporate by their agent, authorised in like manner. Compare Rules 7 and 8.

Contents of 36. Every such request shall state the name, address, and description of the person claiming to be entitled to the trade mark (hereinafter called the claimant), and the particulars of the assignment, transmission, or other operation of law, by virtue of which he requires to be entered in the register as proprietor,