Special case, in case of conflicting claims, 176
to be settled by Comptroller if necessary, 176
application for settlement, 202
Three-Mark Rule, what is, 95, 106
Time of registration, 172

of inspection of register, 179
enlargement of, 180

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

infringement of, where fraud is shown, 4
where no fraud is shown, 5, 6

without deception of first purchaser, 4
acquisition of, by user in Great Britain, 8, 71
by registration, 108

by aliens, 3, 8

property in, 5

protection of, in absence of fraud, 5, 6

at common law, 4, 44

by injunction, 5, 37

requisites of, 7

must be distinctive, 7, 65

must be attached to vendible article, 7, 65

forgery of, 10

punishment for, 29

representations of, 51, 166

deposit of copies of, 166

registration of, 51. See Registration

series of, 79, 167. See Series

assignment of, 88, 174. See Assignment

removal of, 113, 129, 140, 177. See Removal

Trade name is protected as a trade mark, 8, 65

cannot be registered, 65

Transfer and transmission of trade mark to be entered 126, 174.

See Assignee

Trust, not to be entered on register, 125

User, acquisition of trade marks by, 8, 71

must be in Great Britain, 8, 71

length of, immaterial, 9, 71
entitles to registration, 71
registration is equivalent to, 108
Warranty that trade mark is genuine, 34
that description on article is genuine, 36
action on, rules as to, 35

measure of damages in, 36

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The law relating to trade mark

Stanford Law Library

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