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. Certificates. 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 thereon. (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). H. READER LACK, PATENT OFFICE, TRADE MARKS BRANCH, London, May 1884. Comptroller. INDEX. N.B.-In this index the following abbreviations are used :-M. M. Act 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 for recovery of penalties, 30 costs of plaintiff in, 32 plaintiff may be compelled to give security, 47 for damages, 44 proof of fraud unnecessary in, 5, 45 for injunction, 39 proof of fraud unnecessary in, 5, 40 registration a condition precedent to, 110 Additions to trade marks, 64, 69 when fraudulent amount to forgery, 16 form of application for, 195 inserted in trade mark, alteration of, 142 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 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 may take advantage of M. M. Act, 1, 4 may be aggrieved by wrongful registration, 130 notice of application for, 141 of address on register, 140, 177 form of request for, 199 Appeal from refusal of Comptroller to register, 52, 132 may be referred to court, 52, 59, 132 notice of, to be given by applicant, 168 copy of notice to be sent to Board, 169 from Cutlers' Company to Comptroller, 119 from Comptroller to court, 120 Applicant, definition of, in Rules, 175 on death of, successor to goodwill may be registered, 173 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 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 Arms, royal, not registrable as new marks, 226 Assignee, registration of, 126, 174, 231 of goodwill may be registered on death of applicant, 173 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 the test of forgery, 17 of infringement, 17 of similarity, 93, 96 Cancellation of entry in register on application by registered declaration in support, 197 on application by person aggrieved, 129 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 Clerical errors, correction of, 140 form of request for, 199 Colour, trade mark may be registered in any, 81 proof of fraud formerly necessary for, 5, 44 Equity formerly followed the, 39 |
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