Common marks, what are, 104, 105

may be registered as additions to trade marks, 104, 223
disclaimer of, 104

removable from register, 130

Comptroller, appointment of, 124
definition of, 160

discretionary powers of, 143, 168

power of, to dispense with evidence, 179
to correct clerical errors, 140

to cancel entries, 140

may take directions of law officers, 143
costs of, 60, 88, 139

appeal from, 52, 59, 132. See Appeal
annual report of, 149

Conditions, registration subject to, 52, 61, 173
Conflicting claims to registration, 91

to be submitted to court by special case, 176

Copies of extracts from register, 129
Correction of clerical errors, 140

form of request for, 199
Costs of application to register, 60
of opposition to registration, 88
of rectification of register, 139

of Comptroller's appearance, 60, 88, 139
of proceedings before Comptroller, 60

of actions under M. M. Act, 33, 46, 47

of summary proceedings, 32

Cutlers' Company, registration of Sheffield marks by, 116
applications to, 117, 181, 229

appeal from, to Comptroller, 119

form of, 205

costs of opposition by, 88

Damages, action for, for breach of warranty, 35

for infringement, 44

for infringement where no fraud is proved, 5, 45
measure of, for infringement, 45

for breach of warranty, 35, 36

Declaration on application by subsequent proprietor, 175, 231

form of, 193

on application to cancel, 140

form of, 198

mode of making, 183

by infant, lunatic, &c., 145

Definition of person in M. M. Act, 1, 3

in T. M. Act, 53, 160

of trade mark in M. M. Act, 2, 4
in T. M. Act, 63, 219

of design in M. M. Act, 2

Design, registration of, 9

definition of, in M. M. Act, 2

Discovery under M. M. Act, 17

penalty for refusing, 18

Distinctiveness, a requisite of a trade mark, 7, 65
words which have lost, 72
Documents, amendment of, 180

correction of clerical errors in, 140
prescribed size of, 165
Enlargement of time, 180

Entries to be made in register, 173

falsification of, 142

cancellation of, by Comptroller, 140
rectification of, by court, 129

Equity, protection of trade marks in, 5, 39, 45
no proof of fraud necessary, 5, 40, 45
Evidence, sealed copies of entries to be, 129
Comptroller's discretion as to, 179

Extracts from register, 128, 129

sealed, to be evidence, 129

Falsification of entries on register, 142
Fancy words may be trade marks, 64, 68
Fees, rules as to, 162

table of, 185

how payable, 216, 229

form of transmission of, 191

removal of mark for non-payment of, 113
Figures, may be registered as old marks, 64, 78
as additions to new marks, 64, 69

Foreigner. See Alien

Forgery of trade marks, 10, 16

what degree of imitation amounts to, 16
is a misdemeanor, 10

punishment of, 29

Form of application for registration, 188

of additional representation, 189

of appeal to Board of Trade, 190

of transmission of registration fee, 191

of notice of opposition, 192

of request to enter subsequent proprietor, 193

of request for certificate of refusal, 194

of notice of application for alteration of address, 195

of notice of application for rectification, 196

of application to cancel entry on register, 197

of declaration in support, 198

of request for correction of clerical error, 199

of request for certificate of registration for use in obtaining
registration abroad, 200

of request for certificate of registration for use in legal pro-
ceedings, 201

of application for settlement of special case, 202

of request for general certificate, 203

Form-continued.

of request for copy of notification of registration, 204
of appeal from Cutlers' Company, 205

of counter-statement in case of opposition, 226
of bond of security for costs, 227

rules as to, 163

where obtainable, 216

Fraud, infringement without, 5, 6

Geographical names may be trade marks, 75

are sometimes deceptive, 75, 103

Goods, registration for particular, 78

classification of, 163, 206, 224

Goodwill, registered trade mark only assignable with, 88
successor to, may be registered on death of applicant, 173

Hallamshire. See Cutlers' Company.

Heading may be a trade mark, 64

Imitation, what degree of, amounts to forgery, 16
to infringement, 17

Infant, declaration by, 145

Infringement, without deception of first purchaser, 4
without fraudulent intention, 5

what degree of imitation amounts to, 6
remedy for, by criminal prosecution, 10
by injunction, 37

by action for damages, 43

Initials may be registered as old marks, 64, 77
as additions to new marks, 64, 70

Injunction, protection of trade marks by, 5, 37
where no fraud is shown, 6, 40

principles on which court grants, 41

power of court under Judicature Act to grant, 42

Inspection of register, 128, 179

Ireland, reservation of remedies in, 156

Isle of Man, T. M. Act to extend to, 157

special provision as to, 157

Issue may be directed on proceeding for rectification, 130

Law officer, definition of, 160

Comptroller may take directions of, 143

Letters as trade marks, 70, 77

License, proprietor of trade mark may grant, 126

Lunatic, declarations, &c., in case of, 145

Manchester, office at, 230

Committee of Experts, 96

Medals, misrepresentations as to, 23

Metal goods, 116, 165. See Cutlers' Company

Misdemeanor, under M. M. Act forgery of trade marks is, 10
applying a forged trade mark is, 12

aiding the commission of a misdemeanor is, 29

punishment for, 29

under T. M. Act, falsification of register is, 142

Misrepresentation in description of goods, 19
penalty for, 20

disentitles to protection, 22

that article is patented, 21, 153

in trade mark disentitles to registration, 100
Name as a trade mark, 62, 66, 76

of article becoming descriptive, 74
of inventor becoming descriptive, 76

Notice may be sent by post, 144, 167

of wish to be heard by Comptroller, 168
of registration, 174

of order of court, 178

of opposition, form of, 192

to applicant to bring opposed application before court, 171

to Comptroller of application at Sheffield, 181

of order for rectification, form of, 196

Opposition to registration, 84, 171

form of notice, 192

statement and counter-statement, 84, 226

security for costs, 85, 227

abandonment of, 172

practice in cases of, 87, 171

costs in cases of, 88

Patent, misrepresentation that article is subject of, 19

penalty for, 19, 153

disentitles to protection, 21

to registration, 103

Penalties under M. M. Act for selling goods with forged trademark, 14

for refusing to give information, 18

for marking goods with false description, 19
for selling goods with false description, 23
recovery of, by action, 30

by summary proceedings, 30, 32

under T. M. Act for falsification of register, 142
for misrepresenting article as patented, 153
for unauthorised assumption of royal arms, 154

Person, definition of, in M. M. Act, 1, 3

in T. M. Act, 53, 160

aggrieved, who is, by wrongful registration, 130
Property in trade mark, 5

acquired by user, 8, 71

by registration, 108

basis of equity jurisdiction, 6

Proprietor of trade mark, who is, 54

Rectification on application of person aggrieved, 129

jurisdiction of court as to, 132

costs of, 139

notification to Comptroller of order of, 178
publication of order of, 178

by cancellation at request of registered proprietor, 140

Refusal by Comptroller to register, 51
appeal from, 52, 132. See Appeal
Register, establishment of, 112
continuance of former, 159
trust not to be entered in, 125
inspection of, 128, 179
falsification of entries in, 142
rectification of, 129

entries to be made in, 173
alteration of address in, 140, 177
Registration, application for, 51, 164.
of subsequent proprietor, 126, 174.
subject to conditions, 52, 61, 173
restrictions on, 93, 100, 126, 225
refusal of, 51

See Application

of a series of marks, 79. See Series
time of, 172

conflicting claims to, 91.

opposition to, 84, 171.

See Assignee

See Conflicting Claims

See Opposition

of cutlery marks, 116. See Cutlers' Company

notice of, 174

effect of, 108

Remedy for infringement by injunction, 37

by action for damages, 42

by criminal proceedings, 10, 29

conviction under M. M. Act does not affect civil, 26

Removal of trade mark from register, 177.

by Comptroller on request of registered proprietor, 140
on non-payment of fees, 113

by court on application of person aggrieved, 129
costs of application for, 139

effect of, 113, 115

Representations of trade marks on application, 51, 166, 222

form of, 189

of a series of trade marks, 167, 223

Restrictions on registration, 93, 96, 100, 126, 225

of identical marks for same goods or description of
goods, 93

of marks calculated to deceive, 96, 101

of words disentitled to protection of court, 100

of scandalous designs, 100

of marks contrary to law and morality, 126
of royal arms, &c., 226

Royal Arms. See Arms.

Scotland, provisions as to procedure in, 155

Seal of Patent Office, 125

Series of trade marks, registration of, 79, 223

representations of, 167

Sheffield Marks. See Cutlers' Company
Signature as trade mark, 63, 68