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Manchester Office.

38. For the convenience of merchants and manufacturers engaged in the cotton trade, and for the purpose of facilitating the recording of trade marks used in respect of cotton goods, an office has been opened at 48 Royal Exchange, Manchester, where searches can be made on payment of Is. for each quarter of an hour for all marks in classes of textiles from class 23 to class 35.


39. The Comptroller's certificate in relation to a trade mark is of four kinds, viz.—

(i.) For use in legal proceedings.

(ii.) For use in applying for registration in foreign countries.

(iii.) Of any application made and of proceedings


(iv.) A certificate of refusal of a mark in use before 13th August 1875, and not registerable.

40. A person desirous of obtaining any of the above certificates should forward Form S, Form R, Form T1, or Form L (see paragraph 3), as the case may be, to the Comptroller, giving the Comptroller's official number of the mark, and stating whether the certificate is required for use in legal proceedings, or for use in applying for the registration of the mark in a foreign country, or for what other purpose.

The form should be accompanied by two unmounted copies of each mark for which a certificate is required.

41. In every case where a certificate is required in respect of a cotton mark, or in respect of any trade mark

of which the representations or specimens forming part of the application for registration are coloured, two unmounted copies of the mark must be supplied, agreeing in every respect with the representations forming part of the application for registration. Special attention should be paid to this requirement, as the certificate cannot in any such case be prepared until these unmounted copies are received by the Comptroller.

Registration of subsequent Proprietors of Registered Trade Marks.

42. The request and declaration to be made by a subsequent proprietor on application for the registration in his name of a registered trade mark must be made on Form K (see paragraph 3).



London, May 1884.



N.B.-In this index the following abbreviations are used :-M. M. Act
for the Merchandise Marks Act, 1862, and T. M. Act for the Patents,
Designs, and Trade Marks Act, 1883.

Abandonment of application for registration, 63

of opposition to registration, 172

Acquisition of trade marks, 8, 71

by user, 8, 71

by registration, 108

by aliens, 3, 8, 53, 149

length of user immaterial for, 8, 108
Action under M. M. Act, 30, 37, 43

for recovery of penalties, 30
limitations of, 33

costs of plaintiff in, 32

plaintiff may be compelled to give security, 47
costs of defendant in, 46

for damages, 44

proof of fraud unnecessary in, 5, 45
measure of damages in, 45

for injunction, 39

proof of fraud unnecessary in, 5, 40
principles adopted by court in, 42
costs of, 43

registration a condition precedent to, 110
in what cases, III

Additions to trade marks, 64, 69

when fraudulent amount to forgery, 16
common marks may be registered as, 104, 223
Address of communications to Comptroller, 216, 221
on register, alteration of, 140, 177

form of application for, 195

inserted in trade mark, alteration of, 142
Advertisement of application to register, 83, 170, 224

purpose of, 83

no obligation to see, 83

series of trade marks, 171, 224

wood blocks to be supplied for, 170, 225

when made at Sheffield, 118, 181

Agent may sign application for registration, 164, 222
wrongful registration by, 131

Aggrieved, who may be, by wrongful registration, 130

by forgery, 27

aliens may be, 3, 130.

Alien may obtain protection for trade marks, 3

may acquire trade mark by user in Great Britain, 4, 8
by registration, 53, 151

may take advantage of M. M. Act, 1, 4
enactment regarding in T. M. Act, 149

may be aggrieved by wrongful registration, 130
Alteration of trade marks, if fraudulent, is forgery, 16
when registered, 141

notice of application for, 141
form of notice, 196

of address on register, 140, 177
form of application for, 195
of register. See Rectification
Amendment of documents, 180
of clerical errors, 140

form of request for, 199

Appeal from refusal of Comptroller to register, 52, 132
to Board of Trade, 52, 59, 132, 168

may be referred to court, 52, 59, 132

notice of, to be given by applicant, 168
form of notice, 190

copy of notice to be sent to Board, 169
directions as to hearing, by Board, 169,
notice of date of hearing, 169

from Cutlers' Company to Comptroller, 119
form of notice of, 205

from Comptroller to court, 120

Applicant, definition of, in Rules, 175

on death of, successor to goodwill may be registered, 173
Application for registration, 51

mode of, 164, 221

form of, 188

by firm, 164, 221

by body corporate, 164, 222

by agent, 164, 222

representations of trade marks on, 51, 166
receipt of, to be acknowledged, 164

advertisement of, 83, 170, 224

opposition to, 84, 171, 226

to Cutlers' Company, 116, 181, 229

of series of trade marks, 79, 167, 171, 223

by rival claimants, 91, 176

by subsequent proprietor, 126, 174

may be sent by post, 167, 221

for alteration of address, 140, 177

form of, 195

[blocks in formation]

Arms, royal, not registrable as new marks, 226
unauthorised assumption of, 154

Assignee, registration of, 126, 174, 231

of goodwill may be registered on death of applicant, 173
Assignment of trade marks only in connection with goodwill, 88
registration of, 126, 174, 231

of Sheffield marks, 118

Board of Trade, appeal from Comptroller to, 52, 59, 168. See

may refer appeal to court, 52, 132

power of, to appoint officers, 124

to make rules, 146

Bond to be given by opponent of registration, 85

form of, 227

stamp on, 86

Brand, distinctive, may be trade mark, 64
Calculated to deceive, meaning of, 16, 96, 101

the test of forgery, 17

of infringement, 17

of similarity, 93, 96

Cancellation of entry in register on application by registered

[blocks in formation]

declaration in support, 197

on application by person aggrieved, 129
Certificate of Comptroller to be evidence, 143
when given, 182, 230

form of

application for, for use in legal proceedings, 201

for use in registration abroad, 200

of any proceedings, 203

of refusal to register old mark, 194

Classes of goods for registration, 163, 206, 224
trade marks must be registered for, 78
subdivision of, 79, 94

Clerical errors, correction of, 140

form of request for, 199

Colour, trade mark may be registered in any, 81
Common law, protection of trade marks at, 4, 44

proof of fraud formerly necessary for, 5, 44
without deception of first purchaser, 5

Equity formerly followed the, 39

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