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such document, or make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Comptroller, with the sanction of the Board of Trade, and upon the production of such other evidence, and subject to such terms as they may think fit, to dispense with any such act or thing, document, declaration, or evidence.
51. Any document or drawing or other representadocuments. tion of a trade mark for the amending of which no special provision is made by the said Act, may be amended, and any irregularity in procedure which in the opinion of the Comptroller may be obviated without detriment to the interests of any person may be corrected, if the Comptroller think fit, and on such terms as he may direct.
may enlarge time.
The Comptroller has power to correct clerical errors under sect. 91 (see also Form Q), and also to alter addresses in the Register Rule 16 and Form M.
Enlargement of Time.
52. The time prescribed by these rules for doing any act, or taking any proceeding thereunder, may be enlarged by the Comptroller, if he think fit, and upon such notice to other parties, and proceedings thereon, and upon such terms, as he may direct.
53. All applications to the Cutlers' Company for Sheffield apregistration of a trade mark, under section 81 of the duplicate." said Act, shall be in duplicate, accompanied by the prescribed fees and representations.
The mode of application and the fees payable are the same as in an ordinary case: see Rule 56 and Instruction 37.
As to the Cutlers' Company generally, see sect. 81. As to applications in respect of metal goods other than those specified in sect. 81 (3), see Instruction 14.
54. The Cutlers' Company shall, within seven days Notice to of the receipt by them of an application to register a troller. trade mark, send the Comptroller one copy of such application, by way of notice thereof, together with two representations of the mark for each class for which the applicant seeks registration.
55. (1.) The time within which the Comptroller Time within shall give notice to the Cutlers' Company of any objec- Comptroller tion he may have to the acceptance of an application to applicafor registration made to the said company shall be at Sheffield. one month from the date of the receipt by the Comptroller of the notice from the said company of the making of the application.
(2.) If no such objection is made by the Comptroller, Advertisethe Cutlers' Company shall require the applicant to application send the Comptroller a wood block or electrotype as Sheffield. the Comptroller may direct, and the Comptroller shall, if satisfied with such wood block or electrotype, advertise the application in the same manner as an application made to him at the Patent Office.
Manner of notifying to
(3.) The manner in which the Comptroller shall Cutlers' notify to the Cutlers' Company an application and proapplication ceedings thereon, made as mentioned in sub-section 8 of by Comp section 81 of the said Act, shall be by sending to the
Similarity of proceed
Cutlers' Company a copy of the official paper containing the application of which notice is required to be given, with a note distinguishing such application.
For notice of appeal from the company to the Comptroller, see Form W in the second schedule.
The fee, payable only by an impressed stamp, is £1: first schedule, and Instructions 2 and 3.
56. The provisions of these rules as to forms, repreings at sentations, the proceedings on opposition to registration, at Sheffield. registration, and all subsequent proceedings shall, as far as the circumstances allow, apply to all applications to register made to the Cutlers' Company, and to all proceedings consequent thereon.
It is to be noticed that there is no appeal in the case of cutlers' marks to the Board of Trade (see Rules 20-24), but any person aggrieved may apply to the court: see sect. 81 (5). This presumably will be done under sect. 90.
57. The Comptroller, when required for the purpose troller. of any legal proceeding or other special purpose to give a certificate as to any entry, matter, or thing which he is authorised by the said Act or any of these rules to make or do, may, on receipt of a request in writing, and on payment of the prescribed fee, give such certificate, and shall specify on the face of it the legal
proceeding or other purpose for which such certificate is granted.
See Instructions 39-41. Certificates are admissible in evidence without further proof: sects. 89 and 96. They are of four kinds(i.) For use in legal proceedings: Form S, fee 10s. (ii.) For use in applying for registration abroad : Form R, fee 5s. (iii.) Of any application and proceedings: Form T1, fee 5s. (iv.) Of refusal to register an old mark: Form L, fee £1. As to obtaining forms and payment of fees, see Instructions 2 and 3.
58. The statutory declarations required by the said Manner in Act and these Rules, or used in any proceedings there- persons under, shall be made and subscribed as follows:- whom, (a.) In the United Kingdom, before any justice of is to be the peace, or any commissioner or other officer authorised by law in any part of the United Kingdom to administer an oath for the purpose of any legal proceeding;
(b.) In any other part of her Majesty's dominions, before any court, judge, justice of the peace, or any officer authorised by law to administer an oath there for the purpose of a legal proceeding; and
(c.) If made out of her Majesty's dominions, before
a British Minister, or person exercising the
Notice of seal of
ing declaration to prove itself,
The declarations required by the Act are—
(i.) In a case of assignment or transmission of a trade mark : see Rule 37, and Form K.
(ii.) In an application to cancel an entry: sect. 91, and Form P.
As to declaration by persons under disability, see sect. 99.
59. Any document purporting to have affixed, officer tak impressed, or subscribed thereto or thereon the seal or signature of any person hereby authorised to take such declaration in testimony of such declaration having been made and subscribed before him, may be admitted by the Comptroller without proof of the genuineness of any such seal or signature, or of the official character of such person or his authority to take such declaration.
Previous rules repealed.
60. All general rules as to the registration of trade marks heretofore made by the Lord Chancellor under the Trade Marks Registration Act, 1875, and in force on the 31st day of December 1883, shall be, and they are hereby repealed, as from that date, without prejudice, nevertheless, to any proceeding which may have been taken under such Rules.
J. CHAMBERLAIN, President of the Board of Trade.
21st December 1883.