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"A distinctive device, mark, brand, heading, label, ticket, or fancy word or words not in common use."
All new marks, therefore, which it is desired to register, must include one or more of the above essential particulars.
The 64th section goes on-" There may be added to any one or more of these particulars any letters, words, or figures, or combination of letters, words, or figures, or any of them."
In addition to the above
'Any special and distinctive word or words, letter, figure, or combination of letters or figures or of letters and figures used as a trade mark before the thirteenth day of August one thousand eight hundred and seventy-five may be registered as a trade mark under this part of this Act."
A person wishing to adopt a trade mark should, before engraving a block and circulating impressions of the mark among his customers, make a search or a formal application at the Trade Marks Branch of the Patent Office, with the view of ascertaining whether his proposed mark is already registered, or whether, from its being ealculated to deceive by a resemblance to other marks already on record, it would be refused registration under the 72d section of the Patents, Designs, and Trade Marks Act, 1883.
The fee for making a search amongst the classified representations of trade marks is Is. for each quarter of an hour. The fee for a formal application is 5s.
The Comptroller does not undertake to make searches amongst the trade marks recorded at his
office, except in connection with formal applications for registration.
Application for Registration.
8. Applications sent by post should be addressed to The Comptroller, Patent Office,
Trade Marks Branch,
25 Southampton Buildings, London, W.C.
Agents and other persons who may be interested in more than one application are particularly requested to make communications relating to different applications in separate letters.
9. An application for the registration of a trade mark consists of
(a.) An application form (Form F in the second schedule to the Trade Marks Rules, 1883) giving certain particulars (specified in the form) and bearing an impressed stamp of 5s.
(The applicant should, before filling up the form, carefully read the marginal notes.)
(b.) Certain additional representations of the trade mark, mounted on forms (Form G).
10. A separate application form is required for each class in cases where the same trade mark is claimed in more than one class of goods.
II. If the mark be the property of a firm, the Form F should be signed by a member of the firm, who should add, after his signature, "A member of the firm; if of a company, by the secretary or other principal
officer, who should add, after his signature and designation, "for the company."
12. Applications may be made by agents in the names of and on behalf of the owners of trade marks. The agent must be duly authorised by the owner or owners; the necessary authority should be signed by the owner or owners.
Applications made by agents should have after the name of the agent the description "agent."
13. A representation of the trade mark should be placed in the centre of the Form F.
14. When an application is made for a trade mark used on any metal goods other than cutlery, edge-tools, and raw steel, it should be stated in the application form of what metal or metals the goods are made. section 81 of the Act as to Sheffield marks.
15. When the mark consists of or includes words printed in other than Roman characters, there should be given at the back of or at the foot of the application form and of each of the additional representations a translation of such words, signed by the applicant or his agent.
In the case of marks claimed in classes 23, 24, or 25, the applicant should state by what name the particular mark claimed would be referred to in the invoices of his house.
Additional Representations of Mark.
16. Each of the additional representations should be placed in the centre of a separate Form G.
In the case of a trade mark which is not claimed in classes 23 to 35, two additional representations are required for each class claimed.
In the case of a trade mark claimed in any one or more of the classes 23 to 35, three additional representations should be sent for each of such classes.
The representations of the mark on the Forms G must agree in every respect with each other, and with that on the Form F.
17. Representations of a mark of a large size may be folded. In that case they must, however, be backed with linen and firmly affixed to the forms. Representations must in no case be executed in pencil. They should be not only of a durable nature, but of such a kind as will admit of their being preserved and bound together in volumes as records of the property of the owners.
Series of Trade Marks.
18. By section 66 of the Patents, Designs, and Trade Marks Act, 1883, the Comptroller is empowered to register under one registration a series of trade marks which, whilst they resemble each other in the material particulars, differ from each other in respect of the statements of the goods for which they are used, of the statements of numbers, of the statements of price, of the statements of quality, or of the statements of names of places. When an application is made for such a series, a representation of each of the marks included in the series must be affixed to the Form F and also to each of the Forms G.
Common or Open Marks.
19. In the case of a trade mark used before the 13th August 1875, common or open marks of any kind may be registered in connection with it; but in the case of a trade mark not so used, common or open marks consist
ing of a word or combination of words only can be registered as a part of the mark.
In each case, the applicant for entry of such common particular or particulars must disclaim the right to the exclusive use of the same in a note at the back of or at the foot of the application form and of each of the additional representations; such note to be signed by the applicant or his agent.
See section 74 of the Act, sub-section 3, for definition of common marks.
Classification of Goods.
20. A Guide to the Classification of Goods under the Trade Marks Rules can be obtained on application at the Patent Office, Trade Marks Branch, and should be asked for if the applicant feels any difficulty in determining to which of the classes set out in the third schedule to the rules the goods for which he uses his mark belong.
Advertisement in the " Trade Marks Journal."
21. A trade mark cannot in any case be entered upon the register until two months after its advertisement in the official paper.
22. A wood block or electrotype must be furnished for each mark in each class claimed (except in the case of classes 23, 24, and 25, for which no blocks or electrotypes are required), but no block or electrotype should be forwarded until a formal demand for it is sent by the Comptroller.
23. In the case of a series of trade marks differing only in respect of the particulars mentioned in section 66 of the Patents, Designs, and Trade Marks Act, 1883, a