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SECTS. 116, so far as they are consistent with and are not superseded by this Act, continue in force as if they had been made by the Board of Trade under this Act.
Saving for prerogative.
See Rule 60, which repeals all previous rules relating to trade marks.
116. Nothing in this Act shall take away, abridge, or prejudicially affect the prerogative of the Crown in relation to the granting of any letters patent or to the withholding of a grant thereof.
117. (1.) In and for the purposes of this Act, unless the context otherwise requires,
"Person" includes a body corporate:
"The court" means (subject to the provisions for Scotland, Ireland, and the Isle of Man) her Majesty's High Court of Justice in England:
"Law officer" means her Majesty's Attorney-General or Solicitor-General for England:
"The Treasury" means the Commissioners of Her Majesty's Treasury:
Comptroller" means the Comptroller-General of Patents, Designs, and Trade Marks:
"Prescribed" means prescribed by any of the schedules to this Act, or by general rules under or within the meaning of this Act:
"British possession means any territory or place situate within her Majesty's dominions, and not being or forming part of the United Kingdom, or of the
Channel Islands, or of the Isle of Man; and all terri- SECT. 117. tories and places under one Legislature, as hereinafter defined, are deemed to be one British possession for the purposes of this Act:
Legislature" includes any person or persons who exercise legislative authority in the British possession ; and where there are local Legislatures as well as a central Legislature, means the central Legislature only.
In the application of this Act to Ireland, "summary conviction" means a conviction under the Summary Jurisdiction Acts, that is to say, with reference to the Dublin Metropolitan Police District the Acts regulating the duties of justices of the peace and of the police for such district, and elsewhere in Ireland the Petty Sessions (Ireland) Act, 1851, and any Act amending it.
As to the meaning of "the court" in reference to Scotland and Ireland, see sect. III.
The First Schedule :-Forms of Application, &c.
N.B. For the only form relating to trade marks, Form F in the second schedule to the Rules has been substituted: see Rule 4, post.
The Second Schedule:-Fees on Instruments for Obtaining Patents.
40 & 41 Vict., c. 37.-The Trade Marks Registration Extension
TRADE MARKS RULES, 1883.
By virtue of the provisions of the Patents, Designs, and Trade Marks Act, 1883, the Board of Trade do hereby make the following Rules:
1. These Rules may be cited as the Trade Marks Rules, 1883, and shall come into operation from and immediately after the 31st day of December 1883.
These Rules are made by the Board of Trade under sect. 10I of the Act. Under the Act of 1875 the Lord Chancellor, with the assent of the Treasury, was authorised to make general rules. They are now wholly repealed: see Rule 60.
2. In the construction of these Rules any words herein used, defined by the said Act, shall have the meanings thereby assigned to them respectively.
See, for interpretation of terms, sect. 117 of the Act.
3. The fees to be paid in pursuance of the said Act,
so far as it relates to trade marks, shall be the fees specified in the first schedule hereto.
See sect. 80 of the Act. The fees are payable only by means of impressed stamps on the various authorised forms: see Instruction 2.
4. The Form F in the first schedule to the said Act Forms. shall be altered or amended by the substitution therefor of the Form F in the second schedule to these Rules.
Form F in the schedule to the Act was withdrawn in pursuance of sect. 62.
5. (1.) An application for registration of a trade mark shall be made in the Form F in the second schedule to these Rules. (2.) The remaining forms in such schedule may be used in all cases to which they are applicable.
As to the forms and the places where they may be obtained, see Instruction 3. It would seem that the use of these forms is obligatory, for payment of the fees will be accepted only in the stamps impressed upon them: see Instructions 2 and 36.
Classification of Goods.
6. For the purposes of trade marks registration and classifica of these Rules, goods are classified in the manner goods. appearing in the third schedule hereto.
If any doubt arises as to what class any particular description of goods belongs to, the doubt shall be determined by the Comptroller.
Application by firm.
See sect. 65 of the Act. A guide to the classification of goods is furnished at the Patent Office: see Instruction 20.
The object of the classification of the kind adopted is not very apparent, seeing that the subdivision of classes is permissible, and the existing restriction on registration consists of a prohibition against the registration of identical or similar marks, not in respect of the same class of goods, but only in respect of the same goods or description of goods: see sect. 72.
Application for Registration.
7. An application for registration of a trade mark, if made by any firm or partnership, may be signed by some one or more members of such firm or partnership, as the case may be.
If the application be made by a body corporate it may be signed by the secretary or other principal officer of such body corporate.
As to applications generally, see sect. 62, and Instructions 8-20. For form of application see Form F in the second schedule.
A separate application form is required for each class Instruction 10. As to applications by a firm or company, see Instruc
8. An application for registration and all other communications between the applicant and the Comptroller may be made by or through an agent duly authorised to the satisfaction of the Comptroller.
An agent signing an application should add the description "agent" Instruction 12.
Acknow- 9. On receipt of the application the Comptroller
application. shall furnish the applicant with an acknowledgment