Page images

wood block or electrotype must be furnished for each mark in the series, for each class claimed.

24. The wood blocks or electrotypes furnished must correspond exactly with the representations, must afford perfectly distinct impressions of the marks, and must be upon a scale sufficiently large to reproduce the marks faithfully. Worn or mutilated blocks or electrotypes cannot be accepted.

25. The largest space available for the insertion of any single block or electrotype is eight and a half inches broad by ten inches deep.

When a block or electrotype exceeds two inches in depth, a charge for additional space is made, at the rate of two shillings for every inch or part of an inch beyond the two inches.

26. The number given by the Comptroller should not be cut on the face of the block or electrotype, but should be marked upon the side in such a manner as to secure its identification.

27. All blocks or electrotypes should be sent to the Patent Office, Trade Marks Branch, together with the papers marked "Form 2," and with the representation of the mark sent for the guidance of the applicant in preparing the blocks or electrotypes.

28. The blocks or electrotypes supplied for the advertisement of trade marks cannot in any case be returned to applicants.

Restrictions on Registration.

29. Ornamental or coloured groundwork, such as tartans or checks, cannot be claimed as part of a mark unless such groundwork be included within the mark by some border or lines.


30. The royal arms, or arms so nearly resembling them as to be calculated to deceive (except in the case of old marks), and the words "Registered," "Registered Design," "Copyright," "Entered at Stationers' Hall," "To Counterfeit this is Forgery," will not be registered under the Patents, Designs, and Trade Marks Act, 1883, and should not, therefore, appear upon the representations of trade marks forming part of an application.

31. The following will not be registered as trade marks, or as prominent parts of trade marks, unless the marks have been used before 13th August 1875

Representations of her Majesty the Queen, or of any member of the royal family.

Representations of the royal crown.

The national arms or flags of Great Britain.

32. When there appears on the face of a trade mark an indication of the goods to which the mark is applied, the claim for its registration must be in respect of those goods only.


Forms of Counter-Statement and Bond.

33. The following is a form of counter-statement:Patents, Designs, and Trade Marks Act, 1883. Trade Marks.

In the matter of an application No.

and of the opposition thereto No.

In reply to the notice of opposition in this matter by


, I give notice by way of

counter-statement that I rely for my application on the following grounds:

(To be dated and signed by the applicant or his solicitor.)

To the Comptroller,

Patent Office,

Trade Marks Branch,

25 Southampton Buildings,


The following is a form of bond which the Comp-. troller is able to accept from persons opposing applications, and who have been required to give security for costs:


Patents, Designs, and Trade Marks Act, 1883.
Trade Marks.

In the matter of an application No.

and of the opposition thereto No.

Know all men by these presents that we



are jointly and

severally held and firmly bound to Henry Reader Lack, the Comptroller-General of Patents, Designs, and Trade Marks, in the penal sum of pounds of good and lawful money of Great Britain, to be paid to the said Henry Reader Lack or to other the Comptroller-General of Patents, Designs, and Trade Marks for the time being, for which payment to be well and faithfully made we bind ourselves and each of us, our and each of our heirs, executors, and administrators firmly by these presents sealed with our seals.

[blocks in formation]

Whereas, pursuant to the provisions of the Patents, Designs, and Trade Marks Act, 1883, and of the Trade Marks Rules, 1883, an application (No.) has been made by to the ComptrollerGeneral of Patents, Designs, and Trade Marks for the registration of a certain trade mark: and whereas the above-bounden


have delivered a notice of opposition to such registration, and the said have sent to the said Comptroller-General a counter-statement of the grounds on which they rely for their application: and whereas the said Comptroller-General, pursuant to the terms of the said Act, hath required the said

to enter into the above-written obligation (subject to the condition hereinafter contained) as security for such costs as may be awarded in respect of such opposition:

Now the condition of the above-written obligation is such that if the said or either of them, their or either of their heirs, executors, or administrators do and shall well and

be paid to

truly pay or cause to

all such costs as the High Court

of Justice shall think fit to award to the said

in respect of the said opposition, then the above-written obligation is to be void or else to remain in full force and virtue.

Signed, sealed, and delivered by the above-bounden in the presence of


34. Before he is required to bring an opposition matter before the court under Rule 29, the applicant is afforded an opportunity of objecting, if he think fit, to the solvency of the security for the costs which may be awarded in respect of the opposition.


35. See the first schedule to the Trade Mark Rules, 1883, and the list of Forms in paragraph 3 of these Instructions.

36. An application for the registration of a trade mark will not be entered by the Comptroller unless it be accompanied by the proper fees in impressed stamps.

Cutlers' Company.

37. By section 81, sub-section 3, of the Patents, Designs, and Trade Marks Act, 1883, application for the registration of trade marks used on cutlery, edge-tools, or on raw steel, or on goods made of steel, or of steel and iron combined, whether with or without a cutting edge, shall, if made by a person carrying on business in Hallamshire, or within six miles thereof, be made to the Cutlers' Company.

See Rules 53 to 56 and paragraph 14 of these Instructions.

Applications made to the Cutlers' Company in pursuance of section 81 of the Patents, Designs, and Trade Marks Act, 1883, should be made on Form F, the address in the left-hand corner to be, "To the Cutlers' Company, Sheffield," instead of "To the Comptroller," and should be left at, or sent by post to, the Cutlers' Hall, Sheffield. Each application should be accompanied by an unstamped copy on foolscap paper. See Rule 53. Applications sent by post should be addressed


The Law Clerk to the Cutlers' Company,

The Cutlers' Hall,


« PreviousContinue »