Reports of Patent, Design, and Trade Mark Cases, Volume 28Published at the Patent Office Sales Branch, 1911 - Design protection |
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action for infringement adjustable affidavit Agreement alleged invention amended apparatus appeal application attached balls blue and tints bobbin boxes canvas bands carpet cigarettes circuit Clause coils composition Comptroller connection Court Crystal Palace Fireworks damages Defendant Company described DESIGN device dismissed with costs electric entitled ether waves evidence fact Frankau & Co get-up Gledhill Gledhill's granted grinding groove held ILLUSTRATED OFFICIAL JOURNAL injunction judgment Justice label lamps laundry blue Letters Patent licence Lord machine Manufacturing Company Ld Marconi matter means Murad Muratti obtained OFFICIAL JOURNAL PATENTS oscillations Particulars of Objections pipe Plaintiff Company Plaintiffs question receiver referred registered REPORTS OF PATENT Respondents restrain royalties screw Section sell socket sold Sons Ld Spare Motor Wheel Specification Statement of Claim Stent Stone & Co subject-matter sulphur SWINFEN EADY Syndicate Ld TRADE MARK trial tyre vacuum Walter K.C. WARRINGTON William Edge wire word
Popular passages
Page 668 - to time, there has been so much discussion. That Section provides that a registrable Trade Mark must contain or consist of at least one of the following essential particulars. The first of those is " the name of a Company, individual " or firm represented in a special or particular manner.
Page 668 - surname." There is no question, therefore, that prima facie a surname, unless it is the name of a Company, individual or firm represented in a special or particular manner cannot be registered. Is this name " Pope " under the circumstances to be deemed to be a distinctive mark ? It is important to notice that I have not
Page 669 - goods from those manufactured by other persons of the name of " Pope." It seems to me, therefore, that the name, to begin with, is not in its nature adapted to distinguish the goods of the proprietor of the Trade Mark from those of other persons, and, if it is not in its nature so adapted, then
Page 668 - is there described, but it is qualified by these words—" but a name, signature or word or words " other than such as fall within the descriptions in the above paragraph» (1), (2), " (3) and (4) shall not except by Order of the Board of Trade or the Court be
Page 419 - be given in any action in respect of the use of the invention before the " disclaimer, correction or explanation, unless the Patentee establishes to the " satisfaction of the Court that his original claim was framed in good faith " and with reasonable skill and knowledge.
Page 455 - article or process is manufactured or carried on exclusively or mainly " outside the United Kingdom," the Legislature did not mean exactly what it said. In my opinion no argument of that sort is justified. As I have pointed out on other occasions, this is a penal Section, imposing, it may be, severe loss
Page 669 - whether a Trade Mark is so adapted "—that is adapted to distinguish the goods of the proprietor of the Trade Mark from those of other persons—" the " tribunal may, in the case of a Trade Mark in actual use, take into
Page 531 - a mark used or proposed to be used upon or in connection with goods " for the purpose of indicating that they are the goods of the proprietor of such
Page 668 - having no direct reference to the character or quality of the goods, and not " being according to its ordinary signification a geographical name or a
Page 503 - Having now particularly described and ascertained the nature of my said " invention and in what manner the same is to be performed, I declare that