i-mn^M>Y Trade Mark Protection Association. (For securing the rights of British Trade Mark Owiier3:throoghout the Wcrld.) 2 T.onpQQfov PIqpp Rt.rnnH T.nndoil. Messrs UNIVERSITY OF CALIFORNIA LOS ANGELES EE. ED. SCHOOL OF LAW LIBRARY AIID. THO: JOHI J. Mc F. J. LOVADAY, Esq. N. C. PARASCHO, Esq. 0. 11. MACKAY, Esq. F. R. STREET, Esq. W. SYMING ION, Esq (Messrs. R. .t W. 11. .Symington ': Co ) JOSEPH WALKER, Esq. PRACTICAL GUIDE FOR TRADE MARK OWNERS. LONDON : PRINTED BV THE NEW OTTO PRINTING COMPANY. l.IMITBD, 47, FETTEK LANE, EC- Practical Guide For Trade Mark Owners. CONTAINING DIRECTIONS FOR REGISTRATION, WITH NOTES OF LEGAL DECISIONS UNDER THE VARIOUS ACTS, A BUMMABY OF THE MERCHANDISE MAEKS LAW AMENDMENT ACT, 1887, INFORMATION AS TO PROTECTION OF TRADE MARKS IN FOREIGN COUNTRIES AND THE COLONIES. EDITED BY HENRY KERBY, SOLICITOR OF THE SUPREME COUET OF JXTDICATUEE, AND PEREGRINE VARNALS, SECEETAEY OF THE TEADE MAEK PItOTECTION ASSOCIATION. LONDON: TRADE MARK PROTECTION ASSOCIATION, 2, LANCASTER PLACE, STRAND. 1887. ln■^ PREFACE. THE subject of Trade Mark law and practice has been dealt with of late years in many valuable Publications, some of them costly and voluminous, others comparatively inexpensive and concise, but all more suited to the requirements of professional men, such as Barristers, Solicitors, and others, than to those of the Manufacturer or Merchant. In this work an effort is made to provide the Trade Mark Owner with such a guide as will enable him to understand the nature and extent of his rights and the methods by which to secure them. CONTENTS. Introduction Reoistration Notes of Legal Decisions Crown Cases Reserved . Merchandise Marks Act. Patents, Designs and Trade Marks Act International Registration of Trade Marks Foreign and Colonial Registrations International Convention Index 1 4 112 IGO 1G4 188 217 222 234 243 LIST OF CASES. Ainsworth u. Walmsley ... 117 " Alpine " Trade Mark, In ye 122—123 Anderson's Trade Mark, In re 131 Anglo-Swiss Condensed Milk Company v. Metcalf 138 Barrow's Trade Mark, In re 116 Beazley v. Soares 130 Boulnois ■u. Peake 14i Braby (F.) and Company's Trade Mark, In re 151 Braliam v. Beachim 147 Burroughs, Welcome and Co.'s Trade Mark, In re 136 Cheavin w. Walker 114 Civil Service Supply As- sociation V. Dean 144 Cocks V. Chandler 114 Crown Cases Reserved ... 160 Edwards V. Dennis 153 Edwards' Trade Mark, In re 153 Estcourt V. Estcourt Hop Essence Co 155 Ford 1'. Foster H^ Goodfellow V. Prince 121 Hargreave'a Trade Mark, Inre H^ Heaton's Trade Mark, In re 150 Hirst r. Denham 130 Ilookham r. Pottage 132 Horsburgh and Co.'b Appli- cation, In re 134 Houghton and Hallmark's Trade Mark, Inre 151 Hudson's Trade Marks, In re 135 Hyde and Co.'s Trade Mark, Inre 136 Ihlee r. Uenshaw 138 Jackson and Co. v. Napper 122 James t'. James 147 James v. Soulby 137 James's Trade Mark, In re 137 Keep's Trade Mark, In re 151 LIST OF CASES. PAGE Leaf, Sons and Co.'b Trade Mark, In re 123 Leather Cloth Company v. American Leather Cloth Company 115 Lee i;. Haley 143 Leonard and Ellis's Trade Mark, In re 157 Leonard and Ellis v. Wells 157 Linoleum Manufacturing Company v. Nairn 116 Lloyd and Sons r. Bottom- ley 159 Lloyd and Sons Trade Mark, In re 159 Lyndon's Trade Mark, In re 134 Marshall t). Eoss 115 Massam v. J. W. Thorley's Cattle Food Co 148 Metcalf's TradeMark, In re 138 Mitchell V. Henry 141 Mitchell and Co.'s Trade Mark, In re 151 Mouson v. Boehm 155 " Normal " Trade Mark, In re 140 Oakey and Sons v. Dalton 119 Orr I'. Diaper 130 Palmer's (J. B.) Trade Mark, In re 158 PAGE Price's Patent Candle Co., In re 149 Kaggett f. Findlater 113 Ralph r.Taylor 131 Ralph's Trade Mark, In re 131 Regina v. Abbott 160 „ V. Ardley 160 ,, V. Gosa 161 ,, r. Gray and Gosling 162 „ V. Foster 160 „ r. Ragg 161 ,, V. Sherwood 161 „ V.Smith 162 ,, V. Stevens 161 ,, V. Suter and Coul- son 162 Riviere's Trade Mark, In re 139 Robinson r. Finlay 112 Rotherham's Trade Mark, In re 133 Schmidt's Trade Mark, In re 122 Seixo V. Provezende 133 Shropshire Iron Company's Trade Mark, In re 151 Siegert v. Findlater 146 Singer Manufacturing Co. V. Loog 117 Singer Manufacturing Co. V. Wilson 115 Stephen's, Ew parte 125 LIST OF CASES. PACK Street v. Union Bank of Spain and England 130 Towgood V. Pirie 126 Van Duzer's Trade Mark, Inre 123 Walkden Aerated Waters Co., In re 119 Ward V. Robinson 112 Welcome's Trade Mark, In re 136 " White Rose " Trade Mark, In re 155 Wood V. Lambert and But- ler 129 Wood's Trade Mark, In ro 129 Worthington and Co. 'a Trade Mark, In re 118 Wothcr spoon r. Currio ... 142 Wragg's Trade Mark, In re 156 INTRODUCTION. Peior to the year 1862 there existed no general statutory enactment with regard to the fraudulent marking of mer- chandise. In that year was passed " The MERCEA^'DISE Mabks Act, 1862," under the provisions of which the forging or uttering of any Trade Mark with intent to defraud was constituted a misdemeanour, and the selling of articles bearing forged or false Trade Marks a penal offence. This Act, however, made no provision for the registration of Trade Marks. An Act to establish a Register of Trade Marks was passed in the year 1875, and this was followed in 1883 by an Act to amend and consolidate the law relating to Patents for Inventions, Registration of Designs, and of Trade Marks. Although before the earliest of the dates mentioned above there existed both at law and in equity a remedy for wrong done in respect of Trade Marks, the enactments referred to have proved of considerable value, the first- named by treating as criminal acts previously regarded B INTRODUCTION. only as tortious ; and the second and last-named iu facili- tating legal procedure by declaring the possession of a Certificate of Eegistration to be -^jrima facie evidence of ownership. The Act of 1875 (the first Eegistration Act) was admin- istered under the superintendence of the Commissioners of Patents, power being given to the Lord Chancellor to make, alter, annul, or vary such general rules as he might consider to be expedient, conditionally upon such rules being laid before Parliament and not disapproved by either House. Under the Act of 1883 the power of making general rules for classifying goods and regulating the business of the Patent Office was vested in the Board of Trade. During a long period Trade Mark Law and practice resembled the earth at its creation — being without form ; but, in the light thrown upon them by experience and judicial decisions, they are now assuming definite shape. The most recent enactment is that passed during the present year, viz., the Merchandise Marks Law Consolida- tion and Amendment Act, 1887, the somewhat stringent provisions of which have led to considerable anxiety on the part of traders whose action in regard to the use of certain geographical terms is considerably circumscribed thereby. There appears, however, no reason for supposing that the Act will prove prejudicial to the interests of bond Jide trade, but rather that it will serve as a valuable INTRODUCTION. protection to British manufacturers against the insidious encroachments of unscrupulous foreigners and their con- federates within the United Kingdom.* A copy of the Act, as well as a summary of the same and some practical comments thereon, will be found in these pages. * In face of the overwhelaiing evidence that has been adduced as to the practices here referred to, a remonstrance reaches us from Germany against the denunciations thereof which have appeared from time to time in journals appearing in other countries. The writer cannot be ignorant of the use by his countrymen of geographical terms likely to lead to serious misunderstanding as to the locality of manufacture of certain goods, the reputation of which is dependent upon the belief of purchasers in the genuineness of any mark indicating such locality. He must, however, we think, be ignorant or forgetful of the appropriation and even registration in Germany of the marks of some of the most eminent Britisli firms engaged in the manu- facture of thread, brewing, etc., and of the proceedings — costly, prolonged and vexatious — which have arisen therefrom. Particulars of the remonstrance appeared in a paragraph in the "Times" of October 3rd, 1887. The text of the paragraph is given on page 222. REGISTRATION. / Persons wishing to register should, if not employing an agent, make themselves acquainted with the definition of a Trade Mark, which is as follows : — ' ' A name of an individual or firm printed, ini- " pressed, or woven in some particular and distine- "tive manner; or " A written signature or copy of a written signa- * ' ture of the individual or firm applying for regis- ** tration thereof as a Trade Mark ; or "A distinctive device, mark, brand, heading, " label, ticket, or fancy word or words not in " common use." All Marks not iu use prior to the date of the passing of the first Eegistration Act, viz., 13th August, 1875, must include one or more of the above essential particidars. To the particulars mentioned above may be added any letters, words, or figures, or combination of letters, words, or figures, or of any of them. REGISTRAJION. Marks in use prior to the date above mentioned may be registered if consisting of any one or more of the essential particulars given under the general definition, or of any special and distinctive -word or words, letter, figure, or combination of letters or figures, or of letters and figures. As an addition to any Trade Mark, there may be placed on the Eegister, if the Mark be a New Mark, i.e., not used prior to 13th August, 1875, any distinctive word or com- bination of words, though the same be common to the trade in the goods with respect to which the application is made ; if the Mark be an Old Mark, i.e., used prior to the date mentioned, any distinctive device, mark, brand, head- ing, label, ticket, letter, word, or figure, or combination of letters, words, or figures, though the same be common to the Trade in the goods with respect to which the application is made. All applications relating to the Registration of Trade Marks, not being Sheffield Marks, must be addressed to the Comptroller, Patent Office, Trade Marks Branch, 28, Southampton Buildings, Chancer}' Lane, London, W.C. Applications for registration of Sheffield Marks must, if made by a person carrj'ing on business in Hallam- shire or within six miles thereof, be made to the Cutlers' Compan}'. Sheffield Marks are such as are used on cutlery, edge tools, or on raw steel, or on goods made of steel, or of steel and ii-on combined, whether with or with- out a cutting edge. REGISTRATION. An application for registration of a Trade Mark miist be made in the Form F in the Second Schedule to the Eules for the Eegistration of Trade Marks, under the Patents, Designs, and Trade Marks Act, 1883. It may he sent by Post or left at the Patent OflBice, and may be made through an Agent. Form F must bear a representation of the Mark applied for and a five shilling impressed stamp, and be accompanied by additional forms G-, each bearing a representation of the Mark agreeing exactly with that on Form F. In the Textile Classes, 23 to 35 inclusive, four such Forms G are required ; in all other classes two only. Form G does not need to be stamped. These Forms may be obtained — (a) At the Inland Revenue Office, Eoyal Courts of Justice, London. (6) At the following Post Offices in London : — The General Post Office, London, E.G. District Post Office, Lombard Street, E.G. „ 226. Commercial Poad, E. „ 9, Blackman Street, Borough, S.E. „ Charing Cross, "W.C. „ 28, Eversholt Street, Carndeu Town, N.W. Post Office, 12, Parliament Street, S.W. REGISTRA TIOX. (c) At the Cliief Post Office of- Accrington. Altxincham. Ashton - under - Lyne. Bamsler. Barrow - in - Far nes^s. Bath. Bedford. Beverley. Birkenhead. Birmingham. Blackbui'U. Bolton. Bradford. Brighton. Bristol. Bromsgrove. Burnley. Burslem. Burton-on-Trent. Bury. Cambridge. Cardiff. CarHsle. Chatham ENGLAND AND Chester. Clitheroe. Congleton. Coventry. Crewe. Croydon. D arias ton. Derby. Dewsbury. Doncaster. Dorchester. Driffield. Droit wi eh. Dudley. Durham. Exeter. Gateshead. Goole. Greenwich. Guildford. Halifax. Hartlepool. Huddersfield. Hull. Ipswich. Keighley. WALES. Kendal. Kidderminster. Knaresbro'. Knutsford. Lancaster. Leamington. Leeds. Leicester. Lichfield. Lincoln. Liverpool. Macclesfield. Manchester. MidtUesborough. Nantwich. Newcastle. Kewport (Mon.) Northallerton. Northampton. Nottingham. Nuneaton. Oldbtiry. Oldham. Patrington. Plymouth. Pontefract. REGISTRA TION. ENGLAND AND WALES- Portsmouth. Prescot. Preston. Beading. Eedditcli. Eiclimond (Yorks) Eipon Pochdale. Eotherhani. Eugby. Salford. St. Helen's. Scarborough. Aberdeen. Dumbarton. Dundee. Edinbiu-gh. Sedglej. SheffieLl. Southampton. Stafford. Stalybridge. Stockport. Stoke-on-Trent. Stourbridge. Stourport. Sunderland. Swansea. Tamwortb. Truro. SCOTLAND. Glasgow. Greenock. Inverness. Lanark. IRELAND. Dundalk. Gahvay. Limerick. -continued. Tunstall. Wakefield. Walsall. AVarringtou. Wednesbury. West Bromwich. Wliitby. Widnes. Wigan. Wolverhampton. Wolvorton. Woolwich. York. Leith. Paisley. Perth. Eenfrew Londonderry. Waterford. Wexford. Belfast. Cork. Dublin. jyj-QTE. — Arrangements have also been made by tvhich any of the forms required may be ordered of the Postmaster at any Money Order Ojfice in the United Kingdom not iticlicded in the above List. REGISTRA TION. Several restrictions in regard to registration are here briefly summarised. The words "Eegistered," "Eegistered Design," "Copy- right," "Entered at Stationers' Hall," "To counterfeit this is Forgery," cannot be registered, nor can Eepresen- tations of Her Majesty the Queen, or of any Member of the Eoyal Family, of the Eoyal Crown, of the Eoyal Arms or Arms closely resembling them, of the National Arms or Flags of Great Britain be registered as Trade Marks, or as prominent parts of Trade Marks, unless the Marks were used before 13th August, 1875. Ornamental or coloui'ed ground work, 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. When application is made for a Trade Mark used on any metal goods, other than cutlery, edge tools, and raw steel, the metal or metals of which the goods are made should be mentioned. In cases where a Mark consists of or includes words printed in other than Eoman characters, a translation of such words, signed by the Applicant or his Agent, should be given at the back of or at the foot of the Application Form, and of each of the Additional Eepresentations. An Applicant for the registration of a Mark in Classes 10 REGISTRA TION. 23, 24 or 25 should state by what name the particular mark claimed would be referred to in the invoices of his house. A Trade Mark must be applied for in respect of some goods or Class of goods included in the Classification of Goods under the Patents, Designs and Trade Marks Act, 1883, Where the same Trade Mark is claimed in more than one Class of goods a separate application form is recj^uired for each Class. There are fifty Classes, as follows : — I. — Chemical substances used in manufactures or philo- sophical research, and anti-corrosives. 11. — Chemical substances used for agricultural, horti- cultural, veterinary, and sanitary purposes. III. — Chemical substances prepared for use in medicine and pharmacy. IV. — Eaw or partly prepared vegetable, animal, and mineral substances used in manufactures, not included in other Classes. V. — Unwrought and partly-wrought metals used in manufacture. VI.— Machinery of all kinds, and parts of machinery, REGISTRATION. 11 except agricultural and horticultural machines included in Class 7. VII. — Agricultural and horticultural machinery and parts of such machinery. VIU. — Philosophical instruments, scientific instruments, and apparatus for useful pui-poses. Instruments and apparatus for teaching. IX. — Musical instruments. X. — Horological instruments, XI, — Instruments, apparatus, and contrivances, not medicated, for surgical or curative purposes, or in relation to the health of men or animals, Xn, — Cutlery and edge tools. Xm. — Metal goods, not included in other classes. XIV, — Gojds of precious metals (including aluminium, nickel, Britannia metal, etc., and imitations of such goods), and jewellery. XV.— Glass. XVI. — Porcelain and earthenware, XVn. — Manufactures from mineral and other sub- stances for building or decoration. 12 REGISTRATION. XVIII. — Eugineeriug, arcliitectiiral and building con- trivances. XIX. — Arms, ammunition, and stores, not included in Class 20. XX. — Explosive substances. XXI. — Naval architectural contrivances and naval equipments not included in Classes 19 and 20. XXII. — Carriages. XXIII. — Cotton yarn and thread. XXrV. — Cotton piece goods of all kinds. XXV. — Cotton goods not included in Classes 23, 24 or 38. XXVI. — Linen and hemp yarn and thread. XXVEI. — Linen and hemp piece goods, XXVIII. — Linen and hemp goods not included in Classes 26, 27 and 50. XXIX. — Jute yams and tissues, and other articles made of jute, not included in Class 50. XXX. — Silk, spun, thrown, or sewing. XXXI. — Silk piece goods. REG I ST R A TION. XXXII. — Silk goods not included in Class.'S 30 and 31. XXXIII. — Yarns of wool, worsted, or hair. XXXIV. — Cloths and stuffs of wool, worsted, or hair. XXXV. — Woollen, worsted, and hair goods not in- riuded in Classes 33 and 34. XXXVI. — Carpets, floor-cloth, and oil-cloth. XXXVII. — Leather skins, unwrought and wrought, and articles made of leather, not included in other classes. XXXVEII.— Articles of clothing. XXXIX. — Paper (except paper hangings), stationery, and bookbinding. XL. — Goods manufactured from india-rubber and gutta-percha, not included in other classes. XLI. — Furniture and upholstery. XLII. — Substances used as food or as ingredients in food. XLIII. — Fermented licjuors and spirits. XLIV. — Mineral and aerated waters, natural and artificial, including ginger beer. ] 4 REGISTRA TION. XLV. — Tobacco, whether maniifactured or unmanu- factured. XL VI. — Seeds for agricultural and liorticultm-al pur- poses. XL VII. — Candles, common soap, detergents ; illumina- ting, heating, or lubricatii^g oils; matches; and starch, blue, and other preparations for laundry purposes. XLVm. — Perfumery (including toilet articles, prepara- tions for the teeth and hair, and perfumed soap.) XLIX. — Games of all kinds and sporting articles not included in other classes. L. — Buttons, brushes, small wares of ivory, bone, jet and other articles not included in other classes. Should the applicant find any difficulty in determining the class in which his goods are included, reference should be made to the following extended classification, which REGISTRATION. 15 shows in alphabetical order the classes to which goods belong. N.B. — For metal read metal other than precious metal or imitation of the same. A. Abdominal supporters, 11. Absinthe, 43. Accordions, 9. Account books, 39. Accoutrements, Military and Naval ; (excejit clothing, saddlery, knapsacks, and belts), 19. Acetic acid for use in manufac- tures and philosophical research, 1. pepared for use in medicines and pharmacy, 3. Acid, Carbolic; (prepared for sanitary purposes), 2. use in medicine and phar- macy, 3. Acid, Cresylic ; prepared for use in medicine and phar- macy), 3. Acids for use in manufactures, photography, or philoso- phical research, 1. prepared for use in medi- cine and pharmacy, 3. Actinometers, 8. Adzes, 12. Aerated beverages, 44. coffee, 44. tea, 44. waters; (natural and arti- ficial, including ginger beer), 44. Aerometers, 8. Agricultural and horticultural implements of the smaller kind (metal), without a cutting edge, 13. with a cutting edge, 12. Agricultural and horticultural machinery, and implements of the larger kind, and j^arts thereof, 7. Agriculture, Chemical sub- stances used in, 2. Ague pads, 11. Air beds and pillows ; (india- rubber or gutta-percha), 40. compressing engines. 6. guns, 19. Air-proof cushions ; (india-rub- ber), 40. 16 REGISTRATION. Air-pumps (for steam-engines) Animal and vegetable oils, used and for supplying air), 6. in manufactures and not (philosophical), 8. included in other classes. Air saddles for bicycles ; india- 4. rubber) , 40. substances, Goods manufao. Alarum clocks, 10. tured from ; (not included Alarums (electric), 18. in other classes), 50. Albumenized paper, 30, raw or partly prepared). Albums, 39. used in manufactures and Alcohol, 43. not included in other Alcoholometers, 8. classes, 4. Ale, Ginger (an aerated water), Animals, Chemical preparations 44. for destroying noxious, '1. Ales, 43. Anklets for curative porposes. Alizarine (artificial), 1. 11. Alkalies, 1. Annatto, 42. prepared for use in phar- Fluid, 42. macy, 3. Anthracene dyes, 1. Alloys (unwrought or partly Anti-asthmatic cigarettes (not wrought), 5. containing tobacco), 3. Almanacs, Desk, 39. Anti-corrosives, 1. Alpaca, in the piece, 34. Anti-friction grease, 47. Aluminium -wares, 1 i. Anti-incrustration composition, Aluminous cake, 1. 1. Amber, 4. Anti-macassars (cotton), 25. goods, 50. (silk), 32. Ambulances, 22. (woollen), 35. American leather cloth, 36. Anti-septics, 2. Ammunition (explosive), 20. Anvils, 13. (not exiDlosive), 19 Apparatus, Autotype, 8. Anchors, 21. Baking, 18, Angle iron, 5. Ball Trap, 49. Aniline dyes (mineral), 1. C heesemaking, 7. (not mineral), 4. Chemical, 8, REGISTRATION. 17 Apparatus, Cooking, 18. Architectural contrivances, 18. Diving, 18. Argentina wares, 14. Draining, 18. Armour plates, 5. Filteriug, 18. Arms (in the nature of weapons), Hatching, 50. 19. Heat utilizing, 18. Arrowroot, 42. Hot water, 18. Artificial butter. 42. Irrigation, 7. flowers, 50. Lighting, 18. fuel, 50. Microscopic, 8. limbs, 11. Magnetic ; (for m edical manure, 2. purposes), 11. stone, 17. Measuring, 8. teeth, 11. Photographic, 8. Artists' brushes. 39. Soda-water, 6. canvas, 39. Sounding, 8. colours, 1. Surgical, 11. materials (except colours). Ventilating, 18. 39. Warming, 18. Asbestos, 4. Apparel, Wearing, 38. packing, 50 Apple wine (an aerated water). prepared for preventing th& 44. radiation of heat, 1. Appliances, Educational, 8. Ash, Soda, 1. Surgical, 11. Ash-pans (metal) 13. (wood) for shops, Asphalt, 17. and shop windows. 50. Attachments or fastenings of Applications, Medicinal ; (for metal for neckties, scarves human use), 3. and similar articles, 13. Veterinary and sanitary, 2. Autotype apparatus, 8. Aprons, Carriage ; (wholly or Aviaries, 18. principally of india-rubber). Awnings, 50. 40. Axes, 12. (wearing apparel). 38. Axle plates, Grinders', 13. Archery, Implements for, 49. Axles, Grinders', 13. 18 REGISTRATION. Axles for locomotives and for machines (not being agri- cultural machines) along with locomotives in class 6. (metal), for railway wag- gons and common roads, 13. (wood), 50. B. Baby carriages, 23. linen, 38. Back protectors, 11. Bacon, 42. Badminton sets, 49. 3ags, Carpet, 50. Leather, 37- of textile material, 50. Paper, 39. (whoUy or principally of india-rubber), 40. Baize (woollen), 34. Baking apparatus, 18. powder, 42. Balances (except Letter and Postal balances), 6. Letter, 39. Postal, 39. Bale studs (metal), 13. Ball, Fake, 50. Heel, 50. Ball trap apparatus, 49. Balls, Billiard, 49. Foot, 49. for games, 49. Balsam for toilet purposes, 48. use in pharmacy, 3. Balusters (metal), 13. Bandages (medical and surgical), 11. Winders for, 11. Bandboxes, 50. Bands, Elastic ; along with sta- tionery in class 39. Galvanic, 11. Machine (india-rubber or gutta-percha), 40. (leather), 37. Bangles, 14. Banjos, 9. Barges, 21. Bar iron, 5. Bark, Extract of (for tanning purposes), 4. Barks (medicinal), 3. Barometers, 8. Barrels (rifle and pistol), 19, (wood), 50. Bars, Furnace, 6. Refreshment, 18. Tee, 5. Basins (metal), 13. (pottery ware) , 16. Baskets (iron), 13. (wicker), being room forni- ture, 41. REGISTRATION. 19 Baskets, not being room furni- ture, 50. Bassinettes, 41. Bate for tanning purposes, 4. Bath chairs, 22. gloves, 11. mineral waters, 44. Baths (india-rubber and gutta- percha), 40. (metal), 13. Batteries (medical), 11. (not for medical purposes), 8 Batting gloves, 49. Bats for cricket, 49. Bayonets, 19. Bay rum, 48. Bay-leaf water, 48. Beads (glass), 15. (ivory, wood, bone, horn, vegetable ivory, or mother o' pearl), 50. (metal), 13. (precious metal, or imitation thereof), 14. Beams, being parts of machinery other than agricultural machinery, 6. (metal), not being parts of machinery, 13. Plough, 7. (wood), 50. Bearings, Machine, 6. Bears' grease, for toilet pur- poses, 48. Beaters, Egg, 6. Bed-coverlets (paper), 41. (textile), as small wares, according to the class of the material, tables, 41. Bedding, not being bed-clotliing, 41. Beds, Air ; (india-rubber or gutta-percha), 40. Feather, 41. Bedsteads, 41. Beehives, 7. Beeswax, for use in manufac- tures, 4. Beer, 43. Botanic, 44. engines, 6. Ginger, 44. preservatives and finings, 42. Bellows, 50. Bells, 13. Call, 13. Dumb, 49. Electric and Pneumatic, 18 Exhausting, 11. Belt clasps (jet or imitation jet). 50. (metal), 13. (precious metal or imitation thereof), 14. • composition, 50. Belts, Electric (being for medical purposes), 11. 20 REGISTRATION. Belts for wear, 38. Medical or Surgical, 11. Swimming, 21. Belting, Machine (india-rnbber or gutta-percha), 40. (leather), 37. Bench screws (metal), 13. Benches, Saw, 6. Vice, 6. Benzine collas, 47. Benzoline, 47. Berlin black for stoves and grates, 50. wool, 33. Bessemer steel plates, 5. twyers (earthenware or porcelain), 16- Bevels, Workmen's (metal), 13. (wood), 50. Beverages, Aerated, 44. Alcoholic, 43. Medicated, 3. (not alcoholic and not aerated), 12. Preparations for, 42, Bezique markers, 49. Biarritz reps, 34. Bicycles, 22. Billets (steel), 5. Bill files, 39. hooks, 12. Billiard balls, 49. cues, 49. markers, 49. Billiard table cushions (india- rubber), 40. tables, 49. Bills with a cutting edge, 12. without a cutting edge, 13. Binder Belts, 11. Bindings (cotton), 25. (linen), 28. (silk), 32. (woollen, worsted, and hair), 35. Binocular field glasses, 8. Bins, Cabinet wine, 41. Corn and Wine, (metal), 13. Bird cages (wood), 50. (wood and metal combined), 13. food, 42. medicine, 2. Biscuits, 42. Dog, 42. Bits, Kitchen and Furnace pan, 13. with a cutting edge, 12. without a cutting edge, 13. Bitter alcohol, 43. Bitters, 43. (aerated), 44. Bitts, Paddle, 13. Blacking, 50. Harness, 50. Black-lead, (for polishing), 50. points, along with pencils in class 39. REGISTRATION. 21 Black plates, 5. taggers, 5. Blades, Sword, 12, Blankets (woollen), 35. Blanks (brass), 5. for cartridges, 5. coins, 5. Blasting compounds, 20, Bleaching powder, 47. Blending glasses (graduated), 8, Blinds (metal), 13. Tumbler action for, 13. Blister steel, 5, Blisters, for human use, 3, (horse, cattle, etc.), 2, Blocked fronts (shoe leather), 37. Blocks, Furnace, 16. Paving, (metal), 13. Pulley, (metal), 13. (wood), 50. Blotting ca^es, 39. Blouses, 38. Blowers, 6. Blowing engines, 6. Blue, Washing, 47. Boards, Chess, 49. Drawing, 39. Knife, 50. Smoke (metal), 13. Washing, (wood), 50. (wood), 50. Boats, 21. Bobbins of wood, 50. Bog oak articles, 50, Boiler composition to prevent radiation of heat, 1. plates, 5. rivets, 13, scale, Flaid for the pre- vention of, 1. tubes, 6. Bolers, Steam; for agricultural purposes, 7. not for agricultural pur- poses, 6. (stove), 18. Bolt iron, 5. Bolts and nuts, 13. for doors, 13. Bonbons, 42. Bone, 4. Fancy smallwares of, 50. manure, 2. mills (portable), 7. Bonnets, 38. Book-binding, 39. Book cases, 41. markers (silk), 32. slides, 39. Books (parchment slate), 39. Boot and shoe linings (linen), in the piece, 27. hooks, 13. top powder, 50. upj)ers (leathei"), 37. Boots, 38. Borax, 1. 22 REGISTRA TION. Borax, extract (a detergent), 47. Boxes (leather), 37. perfumed, 48. (metal), 13. glycerine, 47. Musical, 9. perfumed, 48. (wood, ivory, wickerwort, mineral waters, 44. bone, straw, pasteboard Borderings, as smallwares, ac- or cardboard), 50. cording to the class of the Brace-bits with a cuttiog edge. material. 12. Botanic beer, 44. without a cutting edge, 13. Bottle brushes, 50. Braces, Drill, 13. envelopes (grass or straw), for wear, 38. 50. Katchet and Crank, 13. washing machines, 6. Brackets (metal), 13. Bottles (except feeding bottles (wood), 50. and bottles of, or mounted Bradawls, 13. in, precious metal or imi- Brads, 13. tation thereof), in the Braid, Cotton, 25. class of the substance of (gold and silver), 14. which they are made. (linen and hemp), 28. Feeding, 50. Silk, 32. of precious metal, or (woollen, worsted, mohair, mounted in precious metal alpaca), 35. or imitation thereof, 14. Brakes, Vacuum, 6. Bottling gloves, 38. Branding stoves, 18. machines, 6. Brandy, 43. trays (wood), 50. Brass cups, blanks, discs, 5. Bougies, 11. foundry, 13. Bowls, Hand (earthenware), 16. sheets, 5. (metal), 13. Brattice cloth, 50. Playing, 49. Bread, 42. Bows, for archery, 49. cutters, along with kniveg '^ wear, 38. in class 12. Boxes, Despatch, 39. platters, 50. (india-rubber), 40. Breast-exhausters, 11. REGISTRA TION. 28 Breasts, Plough, 7. Breeches paste, 50. Bricks, 16. Bridges (iron), 18. Bridles, 37. Brimstone roll, 1. Bristles, 4. Britannia metal wares, 14, Broad cloths, 3-i. Brocade powder, 1. Bronze; (ingot and wire), 5. powder, 1. work and imitation bronze work, 14. Bronzes, 14. Brooches (ivory, wood, bone, horn, vegetable ivory, or mother o' pearl), 50. (jet or imitation jet), 50. (precious metal or imitation of same), 14. Brooms, 50. Bruisers, Oat, 7. Brushes, Artists', 39. except artists' brashes an 1 brushes of metal, 50. Gilders', 50. Wire, 13. Brushware, 50. Brussels carpets, 36. Buckets (leather), 37. (metal), 13. (wood), 50. Buckles (metal), 13. Buckles, (precious metal or imi- tation thereof), 14. Buffers (india-rubber), 40. Buffalo hides, 37. Building contrivances, 18. Bulbs, 46. Bullet motUds, 19. Bullion fringe (gold and silver), 14, Bung bushes (metal), 13. Buntiug, Flags of, 35. Burners, Gas and Lamp (metal), 13. Burrs, Fii-e ; (of clay), 16. Bushes, Bung; (metal), 13. Busks (metal), 13. Bustles, 38. Butter, 42. Artificial, 42. colouring, 42. coolers (wood), 50. workers, 7. Butterine, 42. Button hooks, 13. plates, 5. Buttons of all kinds (other than of precious metal or imitations thereof), 50. (precious metal or imita- tions thereof), 14. Butts (leather), 37. (metal), 13. 24 REGISTRATION. C. Cables, Chain, 21. Telegraph, 8. Cabs, 22. Caddies (wood), 50. Cages, Bird (wood), 50. Cages (metal and wood com- bined), 13. Cake, Aluminous, 1. crushers, 7. Hempseed ; along with cattle food, 42. Cakes, 42. Compound linseed, 42. Calcium, Chloride of, 1. Calf skins, 37. Callipers, 8. Calomel, 3. Cambooses, 18. Cambric in the piece (cotton), 24, linen, 27. Bmallwares, 28. Camlets, 34. Camp equipage, 19. ovens, 18. Camphor, prepared for nso in pharmacy, 3. Camphorated chalk for toilet purposes, 48. Canada plates, 5. Candles, 47. Candlesticks (metal), 13. (precious metal or imita- tions thereof, 14. wood, 50. Candy, for food, 42. medicinal, 3. Cane bills, 12. Cannon, 19. Canoes, 21. Can openers, having a cutting edge, 12. without a cutting edge, 13. Cans, 13. Milk, 13. Canvas, Artists', 39. Flags of, 28. (flax, linen, hemp, and tow) in the piece, 27. Jute (smallwares, net ia- eluded in other classea), 29. not in the piece, 28. Capers, 42. Capes, 38. Cups, Chimney ; (metal), 13. Detonating, 20. for wear, 38. Knee, 11. Capstans for use on land, 6. Ships, 21. Capsules (medicated), 3. (metal), 13. of gelatine, for contaioiix^ medicine, 50. REGISTRATION. 25 Capsules, (paper), 39. Carbolic acid, prepared for sani- tary purposes, 2. use in medicine and phar- macy, 3. Card-board, 39. Card-racks, 39. suspenders, 39. Cards, Christmas, Sentiment, Menu, and Programme, 39. (machine), 6. Pattern, 39. Playing, 39. Cargo gins, 6. Carpet bags, 50. bindings (woollen), 35. sweepers, 6. Carpets, 36. (moqnette), 36. Carriage and waggon metal work, 13. aprons (wholly or princi- pally of india-rubber), 40. Carriages, 22. Gun, 19. Cars, 22. Cart covers, 50. Cartonage, 39. Cartridge cases, 19. dies, 19. fillers, 19. pouches, 19. Cartridges, 20. Cartridges, Blanks for, 5. Carts, 22. Carving tools, 12. Casements (metal), 13. Cases, Cigar (leather), 37. Clock (plate and precious metal), 14. (wood) , 50. for cartridges, 19. Music, 39. Gun, 19. Packing and Store (wood), 50. Paper, and Blotting, 39. Pipe, 50. Pistol, 19. Pencil (not precious metal or imitation thereof), 39. precious metal or imitation thereof), 14. Stationery, 39. Casks (glass), 15. (metal), 13. (potteryware), 16. (wood), 50. Cask-stands (metal), 13. (wood), 50. Cassia, not for medical pur poses, 42. Cassimeres, 34. Cassada plates (cooking, heat- ing, and baking appara- tus), 18. Cassophy, 42. 26 REGISTRATION. Castor oil, 3. Castors (metal), 13. Cast steel, 5. Cattle food, 42. medicines, 2. troughs and pans (metal), 13. Caulking irons, 13. Caustic soda, 1. Cement, Diamond (for mending china), 50. for preventing the radia- tion of heat, 1. for tipping billiard cues, 50. Portland, and other cal- careous, 17. Cerates prepared for use in phar- macy, 3. Cereals for use as food, 42. seed, 46, Chaff cutters, 7. knives (parts of agricultural machines), 7. Chain cables, 21. Chains, 13. Galvanic (for curative pur- poses), 11. Measuring, 8. Chairs, Bath, 22. Dentists' and Invalids' ; along with furnitui*e in class 41. (furniture), 41, Chairs, Grarden ; in the class of the material ; either 13 or 50, according as they are made of metal or wood. Chalk, Camphorated, for toilet purposes, 48. (for drawing), 39. Tailors', 50. Champagne, 43. nippers, 13. Chandeliers (glass), 15. (metal), 13. Chapels (iron), 18. Charcoal, 4. Chasing machines, 6. Checks (woollen), 34. Cheese, 42. making apparatus, 7. tasters, 12. tubs, 50. Chemical apparatus, 8. substances crude, or pre- pared, for use in manufac- tures, photography, or philosophical research, 1, prepared for agricultural, horticultural, veterinary, and sanitary purposes, 2. use in medicine and phar- macy, 3. Chemises, 38. Chenille silk, 32. Cherry brandy, 43. Chess boards, 49. REGISTRATION. 27 Chess tables, 41. Chest expanders, 49. protectors, 11. Chests (metal), 13. (wood), 50. Chicory, 42. Chignons, 50. Chillies, 42. Chimney caps, cowls, and tops (metal), 13. Chimneys, Lamp, 15. China, 16. crape (wool or worsted), 34. Chisels, 12. Chloride of calcium, 1. gold, 1. lime for disinfecting pur- poses, 2. zinc, 1. Chlorodyne, 3. Chloroform, 3. Chocolate, 42. Cholera bolts, 11. Choppers, 12. Chrome ores, 5. salts, 1. Chronometers, 10. Churches (iron), 18. Churns, 7. Chutney, 42. Cider, 43. machines, 7. Cigar-holders and tubes (not of precious metal, 50. Cigarette papers, 39. Cigarettes, 45. Anti-asthmatic (not con- taining tobacco), 3. Cigars, 45. Cinder-sifters for household use, 13. machines, 6. Cinnamon, 42. Cisterns (metal), 13. (slate and stone), 50. Citrate of Magnesia, 3. Clamps, 13. Claret, 43. Clarifiers for articles of food, 42. Clarionettes, 9. Clay, Goods made of Fire, 16. pipes, (tobacco), 50. Clasps (jet or imitation jet), 50. (metal), 13. (precious metal or imitation thereof) , 1 4. Cleaning furniture, leather, metals, jewellery, Prepara- tions for, 50. Cleansing fabrics. Preparations for, 47. Cleavers, 12. Clinical thermomieters, 11. Clips, letter, 39. Clippers, horse, 12. Cloaks, 38. Clock and watch springs, 10. gongs, 13. 28 REGISTRATION. Clock weights, 13. Clocks, 10. Electric, 10. Clogs, 38. Closets, water, 18. Clothes horses, 41. lines, 50. Cloth, American, 36. Brattice, 50. (cotton), 24. Emery, 50. Enamelled leather, 36. India-rubber, 40. (jute), 29. (linen, 27. Oil, 36. Sand, 50. (wool, worsted, or hair), 34. Clothing, Articles of, 38. Horse, 37. manufactured wholly or in part from india-rubber, gutta - percha, or their compounds, 38. (waterproof), 38. Cloths (polishing), 50. (rick), 50. (saddle), 37. Clouts, Waggon and Cart (metal), 13. Cloves, 42. Coach ironmongery, 13. Coaguline, 50. Coal, 4. scuttles (metal), 13. tar fluid, along with deter- gents in class 47. Coatings (woollen and worsted), 34. Coat rails, 41. Coats, 38 Cobblers' wax, 50. Coburgs, 34. Cocks (earthenware), 16. (metal), 13. (wood), 50. Cocoa, 42. Cocoa-nut fibre, 4. oil for illuminating purposes, 47. Cod-liver oil, 3. Coffee, 42. (aerated) , 44. mills, 6. roasters, 6. CoflRns, 50. Coils, Steam ; (apparatus for heating), 18. Coke, 4. Cold cream, 3. 8ates, 13. Collars for wear, 38. Horse, 37. Collas, Benzine, 47- Collodion, 1. articles not included in other classes, 50. REGISTRATION. 29 Colophony, 4. Colouring, Butter, 42. matters for use in manufac- tures (mineral), 1. (other than mineral), 4. Colours, 1. Artists', 1. for making liqueurs (con- taining alcohol), 43. Combs, Currying (metal), 13. for the hair, 50. Graining, 13. (machine), 6. Comforters, 38. Compasses (cutting), 12. (drawing), 8. (needle), 8. Workmen's (metal), 13, Composition, Anti-incrustation, 1. Belt, 50. Harness, 50. Compositions for cementing broken articles, 50. coating submerged struc- tures, 1. covering steam boilers, 1. extinguishing and prevent- ing fire, 50. indurating leather, 50. lubricating purposes, 47. preventing corrosion, 1. ships' bottoms from foul- ing, 1. Compositions for preventing the formation of scale in steam boilers, 1. ship and house painting, 1. tipping billiard cues, 50. Compounds, Blasting, 20. Concertinas, 9. Condensed milk, 42. Condensing machines, 6. Condiments, 42. Condition powder, 2. Confectionery, 42. Connecting links, 13. Conservatories, 18. ContrivanceSjBuilding, Drainage, Engineering, 18. (not medicated) for surgical and for curative pur- poses, 11. Cooking apparatus, 18. ranges, 18. Coolers for wine, water, etc. (glass), 15. (metal), 13. (potteryware), 16. (precious metal or imitations thereof), 14. Cooper, 43. Coopers' wares, 50. Copper, 5. and copper wire, 5. regulus, 5. tubes, 13. Copperas, 1. 30 REGISTRATION. Copying paper, 39. Copying presses, 39. Cord (elastic), 40. Blind (not metal), 50. for trimming (cotton), 25. (hnen), 28. (silk), 32. (woollen, worsted, and mohair), 35. Cordage, 50. Cordials (alcoholic), 43. (non-alcoholic), 42. Cork, 4. drawing stands (wood), 50. gripes (wood), 50. soles, 38. Corking machines, 6. Corks, 50. Corkscrews, 13. Corn-bins (metal), 13. drills, 7. flour, 42. meters, 8. plasters, 3. rubbers, 11. Cornets, 9. Cornices (metal), 13. (wood), 50. Corrosion, Composition for pre- venting, 1. Corsets, 38. for curative purposes, 11. Cosaques, 42. Cosmetics, 48. Costumes, 38. Cots, 41. Cotter-pins, 13. Cotton, Flags of, 25. Gun, 20. piece goods of all kinds, 24. (raw or partly prepared), 4. sewing and other tlueadnot wound on reels or spools, 23. Cotton sewing thread wound oa reels or spools, 23. small wares. (Including trim- mings.cords for trimming, bindings, galloons, lace.) 25. wool (medicated), 3. not prepared for curatire purposes, 25. prepared for surgical use, 11. yarn of all kinds, 23. Cotton-seed cake, 42. oil, raw, or partly prepared, 4. refined for edible purposes, 42. Couches, 41. Counters for shops, 41. Counter-top metal, 5. Couplings (railway), sold sepa- rately, 13. Court markers, 49. REGISTRA TION. 31 Coverlets, Bed (textile), as smallwares, according to the class of the material. paper, 41. Covers, Van, Eick, and Cart, 50. Coverings (wall), 41. Cowls, Chimney (metal), 13. Crabs, 6. Cramps, 6. for guns, 19. Cranes, 6. Crank braces, 13. Crape, China (wool or worsted), 34. silk, 31. Crates (wood), 50. Cravats, 38. Crayons, 39. holders, not of precious metal, 39. of precious metal, 14. Cream, 42. Cream, Cold, 3. for toilet use, 48. Furniture, 50. Salad, 42. Creamometers, 8. Cresylic acid, prepared for use in medicine and phar- macy, 3. Cribs, not of metal, 41. of metal, 13. Cricketing articles, 49. Crinolettes, 38. Crochet cotton, 23. Croquet sets, 49. Crossings, Railway, with rails in class 5. Crowbars, 13. Crucibles (clay), 16. Cruets (electro-plated), 14. Crumb cloths (cotton), not in the piece, 25. (linen), not in the piece, 28. Crushers, Grain, 7. Crutches, 11. Crystal, Cleansing and Washing, 47. Cues, Billiard, 49. CufEs, 38. Culinary utensils, (metal), 13. Cultivators, 7. Cups (brass), 5. CuraQoa, 43. Curative purposes. Contrivances for, 11. Curative corsets, 11. Currie powder and paste, 42. Currying and tanning oils, 4, Curtain rings and hooks (metal), 13. (wood), 50. Curtains, as smallwares, accord- ing to the class of the material or predominating material. Cushions (india - rubber and gutta-percha), 40. 32 REGISTRATION. Cushions (leather), 37. Derricks, 6. Cutch, 4. Desks, Office, 41. Cutlasses, 19. School, 8. Cutlery, 12. Writing, 39. (electro-plated), 14. Despatch boxes, 39. (surgical), 11. Destruction of insects. Prepara- Cut nails, 13. tions for, 2, Cutters, Bread, 12. Detergents, 47, Chaff, 7. Detonating caps, 20, Tobacco, 12. Dhooties, being cotton piece Wad, 19. goods, 24, Cutting-out presses. 6. Dials (watch), 10. Cyanide of potash. 1. Diamond cement, 50. Cymbals, 9. powder, 50. Diapers (linen) in the piece, 27. not in the piece, 28. D. Diaries, 39. Dairy implements of the larger Dies, Cartridge, 19. kind, 7. (metal), 13. Damask (linen), 27 Screw-cutting, 12. (silk), 31. Differential pulleys, 6. (woollen and worsted), 34. Digesters (metal hollow-ware), Dandriff eradicator. 48, 13. Dates, 42, Dill water, 3, Dauphines, 34. Dipping powder, 2. Deals, 50. Dips, Sheep, 2. Decanters, 15. Discs (brass), 5. Decoctions (pharmaceutical), 3. (cartridge), 5. Denims, being cotton piece Disincnistants, 1. goods, 24. Disinfectants, 2. Dental plates, 11. Disinfecting soap, 2. Dentifrices, 48. Displacers, 8. Deodorisers, 2. Distemper powder, 2. REGISTRATION. 33 Diving apparatus, 18. dresses, 18. DOg biscuits, 43. calls (metal), 13. kennels (structuresof metal), 18. medicines, 2. soap washes, 2. Domestic labour - saving ma- chines, 6. Dolls, 49. Domets, 34. Door-fittings of metal, 13. knockers, 13. mats, 36. pulls (metal), 13. scrapers (metal), 13. springs made wholly or prin- cipally of india-rubber, 40. (metal), 13. straps (leather), 37. Doors (iron), 13. (wood), 50. Dowlas, 27. Down, 4. Doyleys (cotton), 25. Drainage contrivances, 18. implements (of the larger kind), 7. Draining apparatus, 18. Draught excluders (india-rub- ber), 40. Draw-pulls (metal), 13. Drawers for wear, 38. (furniture), 41. Drawing boards, 39. Drawings (pencil, water-colour, etc.), 39. Dress preservers (india-rubber), 40. suspenders (metal), 13. Dresses, 38. Dressing-cases; (principally or wholly of leather), 37. (wood), 50. Dressing, Leather, 50. machines. Grain, 7. Seed, 2. Sheep, 2. Drill braces, 13. Drilling machines (agricultural),. 7. (other than agricultural) , 6. Drills, 12. (agricultural machines), 7.^ (corn), 7. (equilibriiim), 6. (linen), 27. (rock), 6. (shoe), 27. Drinking flasks ; (not precious metal or imitation there- of), 50. (precious metal or imitation. thereof), 14. horns, 50. Drinks (alcoholic), 43. S4 REGISTRATION. Drops (medicated), 3. Drugget, 36. Drugs, 3. Drums (metal), for holding oil and pigments, 13. (musical), 9. (parts of machines), 6. (porcelain or earthenware), 16. Dry plates, chemically prepared, for use in photography, 1 . soap, 47. Dumb bells, 49. Dusters (cotton), not in the piece, 25. (silk noils) sold separately, not in the piece, 32. Dutch camlets, 34. stoves, 18. Dyes for the hair, 48. Mineral, 1. not mineral, and not for toilet purposes, 4. Dyewood extracts, 4. Dynamite, 20. Earthenware, 16. Easels, 39. Eau de Cologne, 48. J3bonite, 40. Edge tools, 12. Educational appliances, 8. Egg beaters, 6. flour, 42. powder, 42. Eggs, 42. Ejectors, 6. Elastic bands, 39. sandallings, 40. webs and cords (india-rub- ber), 40. (not of india-rubber) in the class of the material. Electric bells, along with archi- tectural contrivances and apparatus in class 18. belts, being medical belts, 11. clocks, 10. fittings of metal, 13. insulators or fittings of india- rubber, 40. (porcelain and earthen- ware), IG. lamps (philosophical), 8. of precious metals, 14- (ordinary), 13. Electrical machines (medical), 11. (philosophical), 8, Electro-plate, 14. Elevators, Grain, 7. Straw, 7. Ells, Long, 3 1. REGISTRATION. 85 Embrocations for horses and Eradicator, Dandriff, 48. cattle, 2. Eraser, Ink, 39. human use, 3. Essences (alcoholic), 43. Embroidery (linen), 28. and essential oils (medical). (silk), 32. 3. (woollen or worsted), 35. (non-alcoholic) for use as Emery, 50. food, 42. cloth, 50. Estament, 34. powder, 50. Etchings, 39. wheels, 50. Ethers, prepared for use in Emulsions, 3. pharmacy, 3. Enamel (decorative), 17. Ewers (porcelain or earthen- for coating metal, 1. ware), 16. stopping teeth, 11. Excluders, Draught (india-rub- Enamelled articles of metal, 13. ber), 40. leather cloth, 36. Exhausters, Breast, 11. Enemas, 11. Exhausting bells, 11. Engineering contrivances. 18. Expanders, Chest, 49. Engine packing, 50. Tube, 13. Engines for agricultural pnr- Explosive substances, 20. poses, as Traction, Water- Extinguishing compounds, Fire, ing, Hop-washing, etc ;., 7. 50. of all kinds other than agri- Extract of bark, for tanning cultural, 6. purposes, 4. Engravings, 39. limes (for toilet purposes), Envelopes, 39. 48. Epsom salts, 3. logwood, being a vegetable Equipage, Camp, 19. dye, 4 Equilibrium drills, 6. meat, 42. Equipments for ships (except Extractor, Ink (for fabrics), 47. nautical instruments) , 21. Extracts (alcoholic), 43. Military j (except explosives. (medical and pharmaceu- clothing, saddlery, knap- tical), 3. sacks, and belts), 1£ >. Eye glasses, 8. 36 REGISTRATION. Eye salve, 3. Eyelets (metal), 13. Eyeletting presses, 6. Eyes, Hooks and, 13. Fabrics (textile or elastic), ac- cording to the material or the predominatiug matei'ial, in classes 24, 27, 29, 31, 34, and 40. Face powder, 48- Facings, as smallwares, accord- ing to the class of the material or predominating material. Faience, 16. Fake ball, 50. Fancy smallwares in wood, bone, ivory, or mother-o'-pearl, 50. Fans for personal use, 50. (parts of machinery), 6. Farina (preparation for stiffening calico or thread), 4. Farls, 42. Fasteners, Dress, Casement ; (metal), 13. (precious metal or imita- tions thereof), 14. Paper, 39. Fat, for culinary purposes, 42. manufacturing purposes, 4. Feather beds, 41. pillows, 41. trimmings (made up), 50. Feathers, 4. Feed pumps, 6. water heaters, 6. Feeders, Oil, 13. Feeding bottles, 50. Fellies or rims (wood), 50. Felt in the piece (woollen), 34. Roofing, 50. table covers, 35. Fencing foils, 49. gauntlets, 49. (metal), 13. wire, 5. Fenders (metal). Fermented liquors and spirits, 43. Fertilisers, 2 Fever pads, 11. Fibre, Cocoa-nut, 4. Fibres, 4. Fibrous substances, raw or partly prepared, for use in manufactures as cotton, hemp, flax, jute, 4. Fichus, 38 Field glasses (binocular), 8. Files, 12. Bill, 39. Fillers, Cartridge, 19. Filletings (cotton), 25. REGISTRA TION. 37 Filling for teeih, of precious metal, 14. not of precious metal, 11. machines, 6. Filtering apparatus and mate- rials, 18. Filters, 18. Fininge (for coffee, beer, wine), 42. Fire bricks, 16. clay, Articles of, 16. engines, 6. extinguishing compounds, 50. irons, 13. lighters, 5C. (peat), 50. places, 18. screens (furniture), 41. (metal), 13. ■wood, 50. Fireworks, 20. Fish (dried), 42. Fishing boots, 38. hooks, 13. tackle, except fishing hooks, 49. Fittings, Bath, Lavatory, Gas, Stable, etc. (of metal), 13. Door (metal), 13. Electric (metal), 13. Furnace; (silica and clay), 16. Fittings, Machine, 6. Fives balls, 49. shoes, 38. Flags of bunting, 85. canvas, 23 cotton, ^-i. silk, 32. Flamers, 47. Flannel, Furnace blocks and fittings of silica or clay, 16. grates, not being parts of machinery, 18. Furnaces (experimental), 8. Furniture, 41. cream, 50. polish, 50. Umbrella (metal), 13. Furs, 37. Fusees, 47. Fuses, 20. G. Gaiters, 38. Galloons (cotton), 25. (silk), 32. (woollen) , 35. Galvanic bands, belts, and chains for curative purposes, 11. Galvanised iron, 5. Game food, 42. Games of all kinds, 49. Garden chairs (metal), 13. (wood), 50. engines, 7. implements of the larger kind, 7. smaller kind, with a cutting edge, 12. without a cutting edge (metal), 13. Garden pumps, 7. rollers, 7. sofas (metal), 13. tents, 50. Garters, 38. Garments, 38. Life-saving, (for use on water), 21. Gasogenes, 8. Gas brackets (metal), 13. burners (metal), 13. engines, 6. generators, 18. holders (scientific), 8. Instruments for testing, 8. meters, 8. purifying apparatus, 6. regulators, 8. standards (metal), 13. stoves, 18. Gates (metal), 13. wood, 50. Gauges, 8. Gauntlets, Fencing, 49. Gauzes (silk), 31. Gear, Winding, 6. Gelatine, 42. capsules for containing medicine, 50. glues, 1. powder (for use in manu- factures), 4. Genappe yarns, 33. 40 REGISTRATIOX Generators, Gas, 18. Geneva, 43. German dried veast, 42. paste (Birds' food), 42. eDver in sheets, bars, and ingots, 5. •wire, 5. wares, 14. Gi'ders' brushes, 50. Gills (machine), 6. Gilt thread, 14 Gimlets, 13. Gimps, as smallwares, accordinii: to the class of the material or the predominating material. Gin, 43. Ginger, 42. ale (an aerated wator) 44. beer, 44. Preparations for making, 42. brandy, 43. breaJ, 42. gin, 43. Gingerade, 44. Gingham (cotton), 24. (linen), 27. Gins, Cargo, 6. Girths (leather), 37. Glass, 15. cloths (linen) in the piiece, 27. not in the piece, 28 Glass drinking fl isks, 50 lustres, no part of metal, 15. paper, 50 Glasses, Blending; (graduated), 8. Eye, 8. Field (binocular), 8. Magnifying, 8. Opera, 8. Glauber salts, 3. Globes (glass), 15. Terrestrial and Celestial, 8. Gloves, 38. Bath, Flesh, and Fric- tion. 11. Batting, 49, Bottling, 38. Glucose, 42. Glue, 1. Glaes (gclatinel, 1. Glycerine (crude or prepared) for use in manufactures, 4. prepared for toilet purposes, 48. use in medicine, 3. soap powder, 47. Gold, 5. beaters' moulds, 50. skin, 50. Chloride of, 1. leaf, 5. paper, 39- REGISTRA TION. 41 Gold (threarl), 14. Goloshes, 38. Gongs, 13. Clock, 13. Gouges, 12. Gout mixture, 3. Governors (parts of machinery), 6. Grafting tools (metal) with a cutting edge, 12. ■without a cutting edge, 13. Grain crushers, 7. dressing machines, 7. elevators, 7- separating machines, 7. Grains, 42. Grape sugar, 42. Grapnels (for use on board ship only), 21. Granderelle yarn, 23. Grass hooks, 12. seeds, 46. Grates, Furnace (not for ma- chinery), IS. Grease, Bears', for toilet pur- poses, 48- for lubricating purposes, 47. use in manufactures, 4. medicine, 3. Greenhouses, 18. Grindstones, 50. Gripes, Cork (wood), 50. Groats, 42. Grubbers, 7. Gualtheria oil f or toilet purposes, 48. Gnano, 2. Guards, Leg (cricketing), 49. Guitars, 9. Gum, Fly, 2. prepared as an article of stationery, 39. Gums for use in. manufactures, 4. prepared for use in phar- macy, 3. Gun barrels, 19. carriages, 19. cotton, 20. implements, 19. locks, 19. powder, 20. Guns, and parts thereof (metal), 19. Harpoon, 19. Gutters (metal), 13. Hacking knives, 12. Hackles (machine), 6, Hair, 4. brushes, 50. cloths and fabrics, 34. pins (metal), 13. plaits, 50. 42 REGISTRATION. Hair seating for chairs and sofas, 34. stuffing for furniture, 35. •washes and preparations for the hair, 48. Yams of, 33. Halters, 37. Eames, Harness; (metal), 13. (wood), 50. Hammers, 13. Steam, 6. Hammocks, 50. Hampers, 50. Hams, 42. Hand-barrows (metal), 13. (wood), 50. Hand facings (silk), 32. Handkerchiefs (cotton), in the piece, 24. not in the piece, 25. (linen and cambric), in the piece, 27. not in the piece, 28. (silk), in the piece, 31. not in the piece, 32. Handles (metal), 13. (precious metal or imitation of the same), 14. (vulcanite), 40. (wood, ivory, bone, mother- o'-pearl), 50. Hangers (parts of machinery), 6. Hangings, Paper, 41. Hansom cabs, 22. Harmonicas, 9. Harmoniflutes, 9. Harmoniums, 9- Harness, 37. liqviid, 50. Harpoon guns, 19- Harps, 9. Harrows, 7. Harvesting machines, 7. Hatchets, 12. Hatching apparatus, 50. Hat stands, 41. Hats, 38, Hatters' furs, 37- Hay forks, 13. makers, 7. racks (metal), 13. Headsquares (for children), 38. Headstalls, 37. Hearth brick, 50. Hearths of porcelain or earthen- ware, 16. Heater irons, 13. Heaters, Feed-water, 6. Heat utilizing apparatus, 18. Heel ball, 50. tips, 13. Helmets, 38. Hemp lace, 28. piece goods, 27. (raw or partly prepared), 4. yarn and thread, 26. Hempseed cake, 42. REGISTRATION. Herbs for food, 42. used in medicine and phar- macy, 3. Hessians (jute), 29. (tow), 27. Hides, 37. Hildegarde (a game), 49, Hinges, 13. Hoes, 13. Horse, 7. Hog products, 42. Hoists, 6. Holders, Cigar, 50. Gas ; (scientific), 8. Holdfasts, 13. Hollands, (linen), 27. (spirits), 43. Hollo ware (metal), 13. Hominy, 42. Hones, 50. Honey, 43. Hooks and eyes, 13. for cutting, as bill-hooks, 12. hanging or holding, as ship- hooks, curtain-hooks, 13, Hoop iron, 5. Hop presses, 7. substitute, 42. Hops, 42. Horehound honey (for use in medicine and pharmacy), 3. Horns, Drinking, 50. Cmusical), 9. Horns, Shoe, (bone, ivory, wood, &c.), 50. (metal), 13. Horological instruments, 10. Horse and cattle food, 42. blisters and medicine, 2. clippers, 12. clothing, 37. collars, 37. hair, 4. singers, 13. Horses, Clothes, 41. Slaters', 12. Horseshoes (metal), 13. (rulcanised india-rubber), 40. Horticultural implements of the larger kind, 7. smaller kind, with a cutting edge, 12. without a cutting edge (metal), 13. Hose, 50. Linen, 50. Hosiery, 38. Hot air (or caloric) engines for agricultural purposes, 7. not for agricultural pur- poses, 6. Hot-water apparatus, 18. Houses (iron), 18. Hubs (metal), 13. (wood), 50. Huckaback towellings, 27- 44 REGISTRATION. Hurdles (metal), 13. Hydrants, 13. Hydrate of magnesia (for medi- cinal purposes), 3. Hydraulic packing, 50. scrubber for cleaning ships' bottoms wben afloat, 21. Hydrochloric acid, 1. Hydrometers, 8. Hydropults, 7. Ice, 42. houses, Portable, 50. pails (glass), 15. (wood), 50. safes, 50. skates, 12. Iceing fi-ames (metal), 13. Imitation jewellery, 14. Implements, agricultural and horticultural, of the larger kind, 7- smaller kind, with a cutting edge, 12. without a cutting edge (metal), 13. Drainage (of the larger kind), 7. for archery, 49. Gun, 19. Incrustations in steam boilers, Composition for tho preven- tion of, 1. Incubators, 50. India-rubber cloth, 40. elastic webs and cords, 40. goods, not included in other classes, 40. horseshoes (vulcanised), 40. shoes and clothing, 38. Indicators (pressure and speed), 8. Indigo dye, 4. Infants' and Invalids' food, 42. Infusions nsed in pharmacy, 3. Ingots, Metal in, 5. Inhalers (medical), 11. Injectors, 6. Ink, 39. extractor for fabrics, 47. Inkstands, 39. Insect-destroying preparations, 2. Instruments, Educational and Scientific, 8. Electrical (philosophical), 8. for testing gas, 8. Horological, 10. Measuring, 8. Medical and Surgical, 11. Musical, 9. REGISTRATION. 45 Instruments, Nautical, 8. Surveying, 8. Insulators, Electric (or fittings) porcelain and earthen- ware, 16. of india-rubber, 40. Ipecacaanha wine, 3. Irish friezes, being woollen piece goods, 3-i. Iron (angle), 5. (galvanised), 5. (pig, cast, rough, bar, rail, bolt, rod, sheet, oval, or hoop) , 5. structures, 18. Ironmongery, Coach, 13. Irons, Branding, 13. Caulking, 13. Fire, 13. (for planes), 12. Goffering, 13. Grass edging and turfing, 13. Machine moulding, 6. Smoothing, 13. Irrigation apparatus, 7. Isinglass, 42. Italian cloths, 34. paste, 42. Ivory markers, 49. wares not included in other classes, 50. J. Jackets (wearing apparel), 38. Swimming, 21. Jacks, Lifting, 6. Boasting, 6. Jacquards (parts of machinery), 6. Jam, 42. Japanese lanterns (no part being of metal), 49. Japanned metal goods, 13. Japans, 1. Jars (glass), 15. (pottery ware), 16. Jellies, for food, 42. Jerseys, 38. Jet or imitation jet wares. 50. Jets (metal), 13. Jettine (dressing for leather), 50. Jewellers' rouge, 50. Jewellery and imitation jewel- lery, 14. Jewels for wire-drawing, and for horological, telegraphic, and other instruments, 50. Jews' harps, 9. Joinery of all descriptions (wood), 50. Joints, Union (metal), 13. Jugs (glass), 15. (pottery ware), 16. Juices, Fruit (alcholic), 43. 46 REGISTRATION. Juices, Fruit (non-alcoholic), 42. Jujubes (medicated), 3, Jate bags and sacks, 50. carpets and mats, 36. piece goods (except carpets and mats), 29. (raw or partly prepared), 4. small wares, not included in other classes, 29. yarns, 29. K. Kamptnlicon, 36. Kali, Lemon (in powder), 42. Kegs (metal), 13. (wood), 50. Kennels (structures of iron), 18. Kersey checks, 34. Ketchup, 42. Kettles, 13. Key rings, 13. Keyed musical instruments, 9. Keys, 13. Kid gloves, 38. reviver, 50. Kit tools (with a cutting edge), 12. (without a cutting edge), 13. Kitchen ranges, 18. Kites made of paper, 49. Kitool, 4. Knapsacks, 50. Knee caps, 11. Knife boards, 50. cleaning machines, 6. polishing powder, 50. sharpeninc: machines, 6. Knitting machines, 6. pins of bone or wood, 50. yarns (cotton), 23. (silk), 30. (woollen and worsted), 33. Knives (metal, table, pocket, and hand), 12. of precious metal, or imita- tion of same, 14. Paper, 39. (parts of agricultural machi- nery), 7. (parts of general machi- nery), 6. (surgical), 11. Knobs (metal), 13. (porcelain), 16. Knockers, Door, 13. Knotter plates, 6. Labels (metal), 13. (paper), 39. (potteryware), 16. (wood), 50. Lace and laces, as smallwares, according to the class of the material or the predominating material. REGISTRATION. 47 Laces (leather), 37. Lacquered leather and skins, 37. Lacquers, 1. Lactometers, 8. Ladles (metal), 13, (iDrecious metal or imitation thereof). 14. Lager Beer, 43. Lametta, 5. Lamp black, 1. burners (metal), 13. chimneys, 15. wicks and floats, 47. Lamps, 13. Electric (jjhilosophical), 8. (ordinary), 13. Lancashire tools, •with a cutting edge, 12. without a cutting edge, 13. Lancets, 11. Land rollers, 7. Lanterns, metal or partly metal, 13. (paper), no part being of metal, 49. Lard, for food, 42. used for lubricating pur- poses, 47. in manufactures, 4. Larries (metal), 13. Lastings (wool, worsted, or hair), 34. Lasts (wood), 50. Latches, 13. Lathes, 6. Laths, 50. Launches, 21. Laundry purposes, Preparations for, 47. Lavatories, 18. Lavatory basins (china, stone- ware, and earthenware^, 16. fittings (metal). 13. Lavender water, 48. Lawn, 27. mowers, 7. tennis poles, 49. sets, 49- shoes, 38. Lead, Black, 50. pencils, 39. (pig, rolled, or sheet), 5. Red, 1. White, 1. Leaf, Gold, 5. Leather, 37. cloth, 36. Dressing for articles of, 50. Leatherette (of paper), 39. Leatherine, 36. Leathers, Pump, 37. Leeches, 11. Legee twist, 30. Leggings, 38. Leg guards (cricketing), 49. Lemon juice, 42. kali (in powder), 42. 43 REGISTRATION. 6. 32 50. Lemon squeezers, Lemonade, 44. syrup, 42. Lentils, 42. Letter balances, clips, 39. Levels, 8. Workmen's (wood), Levers (wood), 50. Life-saving garments for use on water, 21. Lifting jacks, 6. Lifts, 6. Lighters, Cigar ; along with matches in class 47. Fire; along with artificial fuel in class 50. Lighting apparatus, 18. Lights, Night, 47. of glass, with metal frames, 13. Limbs, Artificial, 11. Lime, 17. Chloride of (for disinfecting purposes), 2. juice (aerated), 44. cordial (free from spirit), 42. for medicinal purposes, 3. Limestone, 4. Linchpins, 13. Linen, Baby, 38. buttons, 50. Linen goods not in the piece; cords for trimming, braids, bindings, and other small- wares, 28- hose, 50. piece goods, 27- stretchers (bone, wood, or ivory), 50. Tracing, 39. yarn and thread, 26. Lines, Pishing, 49. for sounding and measuring, 8. Sash, Blind, Picture, and Clothes (not of metal), 50. Liniments, 3. Linings, Boot and Shoe (linen), in the piece, 27. Links, Connecting, 13. Linoleum, 36. Linseed-oil cake, 42. oils (used in manufactures), 4. Lint, 11. Lintels (iron), 13. Lionite articles, 50. Liqueur colours (alcoholic), 43. Liqueurs, 43. Liquor essences (alcoholic), 43. Liquorice, 42. prepared for use in phar. macy, 3. REGISTRATION. 49 Liquors (fermented), 43. prepared for use in medi- M. cine and pharmacy, 3. Litter Poat moss, GO. Maccaroni, 42. Lithia water, 44. Mace, 42. Lithofracteur, 20. Machine guns, 19. Lithographs, 39. irons (plane, moulding and Liver pads, 11. grooving), 6. Liveries, 38. tools, 6. Locks, 13. Machinery, Agricultural ; and Eifle and Pistol, 19. parts of such machinery. Locomotives, 6. 7. Logs and log lines, 8. Colliery, 6. Logwood, Extract of (a vege- Emery wheel, 6. table dye), 4. Mining, 6. Long ells (woollen and wor sted), of all kinds, and parts of 34. such machinery (except Looking glasses, 41. machinery for agricul- Lotions for toilet use, 48 tural purposes), 6. (medical), 3. Puddling, 6. Lozenges (medicated), 3. Rock drilling, 6. (not medicated), 42. Machines, Bottle washing, 6. Voice, 42. Bottling, 6. Lubricators, not for attachment Chasing, 6. to machinery, 13. Cider, 7. (self-acting), 6. Cork drawing, 6. Lubricating preparations. 47. Corkiag, 6. Lung protectors, 11. Cutting, 6. Lustre yarns, 33. Domestic labour-saving, of Lustres (glass), no part of metal, all kinds, 6. 15. Drilling (for agricultural (woollen and worsted) 34. purposes), 7. (not for agricultural pur- poses), 6. 50 REGISTRATION. Machines, Electrical (medical), 11. (philosophical), 8. Freezing, 6. Hydraulic, 6. Meat salting, 6. Mincing, 6. Morticing, 6- Planing, 6. Pneumatic, 6- Printing, G. Puddling, 6. Punching, 6 Quill pen cutting, 12. Eiveting, G. Rolling, 6. Sausage, 6. Sawing, 6. Screwing, 6. Separating (not for agricul- tural purposes), 6. Sewing, 6. Shaping, 6. Shearing, 6. (for sheep), 7- Slotting, 6. Soda water, 6. Sounding, 8. Stone breaking, 6. Weighing, 6. Winnowing, 7. Wiring, 6. Woodworking, 6. Magnesia, Citrate of, 3. Magnesia, prepared for use in medicine, 3, water, 44. Magnet for curative purposes, 11. Magnetic apparatus for medical purposes, 11. Magnifying glasses, 8. Majolica, 16. Mallets, 50. Malt, 42. liquors, 43. vinegar, 42. Manganese, 1. bronze, 5. Mangles, 6. Mangling machines, 6. Mantle cloth (woollen or \vor8- ted), 34. Mantles, 38. Manumotive vehicles, 22. Manure, 2. pumps, 7. Marble, Imitation, 17. Marine engines, 6. glasses, 8. or ships' chronometerB, 10. Markers, Billiard, 49. Court, 49 Ivory, 49. Whist and Bezique, 49. Marking-gauges, 8. ink, 39. REGISTRATION. 51 Marking presses or stamps for Medicated beverages, 3- liBen, 39. Medicines for horses, cattl^ or Marline spikes, 13. birds, 2. Marmalade, 42. man, 3. Marocs, 34. Melodious, 9. Marrow, 42. Meltons (woollen piece goode), Marquees, 50. 34. Maslins, 13. Memorandum books, 39. Match-boxes (metal), 13. Menu cards, 39. Matches, 47. Merchant iron, 5. Matchets, 12. Merino shawls, 35. Mathematical instruments. yarns, 33. 8. Merinos, 34. Mats of all kinds, 36. Mesh pins (metal), 13. Mattocks, 13. Metal goods not included in Mattrasses, 41. other classes (being goods Spring, 41. of precious metal or imi- Mauds, 35. tations of the same) Meal, 42. 14. Measures, not being work- (except goods of precious men's ordinary measures, metal or imitations of the 8. same), 13. Workmen's ; (metal). 13. work (carriage and waggon), (wood), 50. 13. Measuring apparatus, 8. Metallic ships' berths, 41. tapes (for workmen's use). Metals of all kinds used in mar-r - 50. factures(un wrought and partly Meat, Extract of, 42. wrought) , 5. Preserved, 42. Meteorological instruments, safes, 50. 8. Medical batteries, 11. Meters, Corn, 8. Medicated articles for human Mexican fibre, 4. use, as wool, paper soap, Microscopes, 8. etc., in class 3. Microscopic apparatus, 8. 52 REGISTRATION. Military accoutrements and equipments, except clothing, explosives, saddlery, knap- sacks, and belts, 19. Milk, 42. cans, 13. Condensed, 42. ferment (prepared for use in medicine), 3. Millinery, 38. Mills, Coffee, 6. Millboard, 39. Mincing machines, 6. Mineral dyes, 1. oils for lighting, heating, and lubricating, 47. not included in other classes, 4. substances used in manufac- tures (raw or partly pre- pared), not included in other classes, 4. waters, natural and arti- ficial, 44. Minnows, Artificial, 49. Mirrors, 41. Mitres (metal), 13. Models (educational), 8. Mohair cloth, 34. smallwares, including laces, manufactured tresses, braids, and bindings, 35. Molasses, 42. Moleskins (cotton pile), 24. Moleskins (japanned), 36. (woollen), 34. Mops, 50. Moquette carpets, 36. Mordants, 1. Mortar mills, 6. Mortars (earthenware or china), 16. (glass), 15. (metal), 13. Morticing machines, 6. Mosaic (glass), 15- Mosquito powder, 2. Mother-o'-pearl ornaments, 50. Moulding irons (machine), 6. Moulds, Bullet, 19 Gold-beaters', 50. (metal), not for bullets, 13. Moustache wash, 48. Mouth protectors, 11. wash, 48. Movements, Watch, 10. Mowing machines, 7- Mule twist, 23. Mungo piece goods, 34. yarns, 33. Music cases, 39. Musical boxes, 9. instruments, 9. Muslin (cotton), 24. (wool), 34. Mustard, 42. leaves (for use in medicine i, 3. REGISTRA TION. 53 Muzzle stoppers, 19. Muzzles (leather), 37. (wire), 13. N. Nail brushes, 50. kegs (metal), 13. rods, 5. Kails, 13. Name plates (metal), 13. Naphthaline dyes, 1. Napkin rings (electroplate and precious metal), 14. (ivory, wood, bone, etc.), 50. Napkins (cotton), in the piece, 24. not in the piece, 25. (linen), in the piece, 27. not in the piece, 28. Nautical instruments, 8. Naval accoutrements, except clothing, knapsacks, and belts, 21. Necklets of precious metal, or of imitations thereof, 14. Neckties, 38. Metal fastenings and attach- ments for, 13. Needle books, 39. Needles, 13. Nets, Fishing, 49. Netting pins of wood, 50. Wire, 13. Nickel silver, 5. wares, 14. Night lights, 47. Nippers, with a cutting edge, 12. without a cutting edge, 13. Nipple shields, 11. Nijjples, 19. Non-intoxicating aerated drinks, 44. Numnahs, along with saddlery in class 37. Nursing aprons, 38. Nuts and Bolts, 13. O. Oak, Bog, Articles of (no part of metal), 50. Oakum, 4. Oars, 21. Oat bruisers, 7. cakes, 42. meal, 42. Ochre, 1. Office desks, 41. Oil cake, 42. cans, 13. cloth, 36. feeders, 13. paintings, 39. 54 REGISTRATION. Oil skin, 36. stones, 50. tanks of metal, 13. varnishes of all kinds, 1. Oiled silk, 11. Oils for heating, lighting, and lubricating, 47. toilet purposes, 48. use as food, 42. (mineral and vegetable) not included in other classes, 4. prepared for use in medicine and pharmacy, 3. veterinary purposes, 3. Rangoon, 47. Rosin, for use in manufac- tures, 4. Ointment for human use, 3. Veterinary, 2. Oleographs, 39. Olive oil, 42. Olives, 42. Openers, Can (having a cutting edge), 12. (without a cutting edge), 13. Opera glasses, 8. Opium, 3. Opodeldocs, 3. Optical instruments, 8. Orange quinine wine, 3, ■wine, 43. Orangeade, 44. Ores, 5. Organs, 9. Orleans, 34. Ormolu wares, 14. Ornaments (bronze), 14. (china), not being jewellery, 16. (ivory, wood, bone, horn, vegetable ivory, mother- o' -pearl, jet, and imita- tion jet), not being jewel- lery, 50. (paper), 39. (precious metals and imita- tion thereof), 14. Orsedew, 5. Osnaburghs (flax and linen) , 27' Ostrich feathers (made up), 50. (not made up), 4. Oral iron, 5. Ovens, 18. Overcoats, 38. Oysters, 42. P. Packing, Steam, of all materials, 50. Paddle bits, 13. Padlocks, 13. Pads (ague, fever and liver), 11. (stamp inking), 39. Pails (glass), 15. REG I ST R A TION. 55 Pails (metal), 13. Paper rosettes, 39. (wood), 50. Tracing, 39. Paintings, Oil, 39. weights, 39. Water colour, 39. Papier - mache goods (being Paints, 1. articles of furniture), 41. Paletots, 38. Paraffin candles, 47 Palettes, 39. oil (for illuminating pur- Palisading (metal), 13, poses), 47. Palliasses, 41. wax, 4 Palms, Sailmakers', 13. Parasols, 50. Pans (glass), 15. Parchment, 39. (metal), 13. slate books, 39. (pottery ware), 16. Paris blue, 47. Paper bags, 39. Parquetry of wood, 50. bed-coverlets, 41. Paste, being an article of sta- cases, 39. tionery, 39. Chemical test, 30. for cleaning and polishing, Cigarette, 39. 50. collars, 38. food, 42. Emery, Sand, and Glass, toilet use, 48. 50, Phosphor; for destroying fasteners, 39. insects, 2. for destroying insects, 2. Razor, 50. writing, wrapping, drawing. Pasteboard, 39. and printing, 39. Koofing, 50. Fumigating, 2, Pastilles (medical), 3. Gold and Silver, 39. for destroying mosquitoes, hangings, 41. 2. knives, 39. toilet purposes, 48. ornaments, 39. Patent fuel, 50. Photographic, 39. medicines for man, 3. prepared for medical and veterinary purposes, 2. pharmaceutical purposes. Pattern cards, 39. 3. Paving blocks of metal, 13. 56 REGISTRATION. Paving (mineral and other sub- stances) not being metal, 17. Peat fire-lighters, 50. moss litter, 50. Pelisses, 38. Pencil cases (not of precions metal or imitation thereof), along with pencils in class 39. precious metal or imitation thereof), 14. protectors, 39. Pencils, 39. Penholders of all kinds (except of precions metal or imitation thereof), 39. precious metal or imitation thereof, 14. Penknives, 12. Pen - making machines, Quill, 12. Pens (except gold and silver pens), 39. (gold and silver), 14. Pepper, 42. Perambulators, 22. Percussion caps, 20. Perforating presses, being articles of stationery, 39. Perfumery, 48 Perfumed soap, 48. Perry, 43. Pessaries, 11. (medicated), 3 Petrifying liquids, 1. Petroleum for illuminating, heat- ing, or lubricating pur- poses, 47. Phosphor-bronze, 5. paste for destroying insects, 2. Phosphorous, 1. Photographic apparatus, 8. chemicals. 1. glass, 15. paper, 39. Photographs, 39. Photometers, 8. Pianinos, 9. Pianofortes, 9. Piassava fibre, 4. Pickaxes, 13. Pickers, 37. Pickles, 42. Picks, 13. Piece goods in the class of the material or predominating material, according as they are made of cotton, linen, silk, wool, jute. Pieces, Fowling, 19. Trunnion (ordnance), 19. Pig medicines, 2. Pigments, 1. Pillars, Gas; (metal), 13, Pillows, Feather, 41. (india-rubber and gutta- percha), 40. REGISTRATION. 57 Pills for man, 3. veterinary purposes, 2. Pimento, 42. Pinafores, 38. Pincers, with a cutting edge, 12. without a cutting edge, 13. Pins, 13. Cotter and Linch, 13. Knitting (bone, ivory, or wood), 50. Netting (wood), 50. Pinoleum, 50. Pipe organs, 9. Pipes, Clay tobacco, 50. (glass), 15. (metal), 13. Pitch, 8. (pottery ware), 16. Pistol cases, 19. Pistols, and parts thereof (metal), 19. Piston rings, 6. Pitch, 4 pipes, 8. Places, Fire, 18. Plaits, Hair, 50. Plane irons, 12. Planes, 12. Planing machines, 6. Planks (wood), 50. Plaster, 17. of Paris, 17. Plasters (surgical and medical), 3. Plate, 14. glass, 15. powder, 50. Plated goods, 14. Plates, Axle ; (Grinders'), 13. Black, 5. Boiler and Armour, 5. Canada, 5. Cassada; (a cooking, heat- ing, and baking appa- ratus), 18 Cooking, 18. Dental, 11. Dry (chemically prepared, for use in photography), 1. Engravers' steel and copper, 13. Knotter, 6. Name; (metal), 13. Shovel, Spade, and Bowl, 13. Side, for j^loughs, 7. Sole, for ploughs, 7. Stencil, 39. Plates and dishes (metal), 13. (precious metal and imita- tions thereof), 14. Platinum, 5. articles, 14. Platters, Bread, 50. Playing balls, 49. cards, 39. Pliers, with a cutting edge, 12. 68 REGISTRATION. Pliers, without a cutting edge, 13. Plough bits, for planing and grooving, 12. breasts, 7. Ploughs and parts of ploughs (agricultural), 7. for woodvrorkers and book- binders, 12. Steam, 7. Plumb bobs, 8- levels, Woikmen's (wood), 50. Plumbago (blacklead), 50. Plumbers' knives, with a cutting edge, 12. without a cutting edge, 13. Pneumatic bells, along with architectural contrivances in class 18- machines, 6. Pocket-books, 39. Points, Black-lead ; for pencil cases, 39. Railway, 6. Poison, Insect, 2. Poleaxes, 12. Poles, Lawn Tennis, 49. (wood), 50. Polish powder, 50. Polishing cloths, 50. preparations and materials, 50. Pomade for medical jiurposes, 3. toilet purposes, 48. Pontoons, 19. Poplins, 34. Porcelain, 16. Portable bone mills, 7- forges, 6. Porter, 43. Portfolios, 39. Portland cement, 1 7. Portmanteaus, 37. Postal balances, 39. Pot stretchers (wood), 50. Potash and its prei)aration6, for use in manufactures, 1. water, 44. Potassium, Iodide of ; prepared for use in pharmacy, 3. Potatoes, 42. Pots (earthenware and china), 16. (metal), 13. Pottery, 16. Poaches, Cartridge or Shot, 19. other ilian cartridge or shot pouches, in the class of the material, as leather pouches in 37. Poultry food, 42. medicine, 2. Powder and shot measures, 19. Bleaching, 47. blue for washing, 47. REGISTRATION. 59 Powder, Boot-top, 50. Presses, Cider, 7. Brocade, 1. Eyeletting, 6. Bronze, 1. Hand (for marking linec Carrie, 42. and paper), 39 Diamond, 50. Hop, 7. Egg, 42. Perforating (articles of sta- Face, 48. tionery), 39. flasks, 19. Printing, 6. for destroying insects and Screw, 6. for veterinary purposes, Pressure gauges and indicators, 2. 8. Founders, 4. Prince's checks (woollen), 34. Ginger beer, 42. Printers' rollers, 39. Knife, 50. (parts of machines), 6. Plate, 50. Printing inks, 39. Polish, 50. Letter- press, 39. Sharpening, 50. presses, 6. Toilet, 48. slabs, not parts of printing Violet, 48. machines, 39- Powders for veterinary purposes, Prints and engravings, 39. 2. Programmes (paper or card), (medicinal), for human use, 39 3. Projectiles (explosive), 20- Precious metals and imitations (non-explosive), 19- thereof, Wares of, 14. Protectors, Back, Mouth, Chest, Preparations for agricultural and etc., 11. veterinary purposes, 2. Sight (for guns), 19. beverages, 42. Pninellas (wool, worsted, or toilet purposes, 48. hair), 34. Frothing, 42. Pruners, Tree, 12. Preserves, 42. PufPs, Powder, 48. Presses, Cheese, 7. Pulley blocks (metal), 13. Copying, 39. (wood), 50. Cutting-out, 6. Pulleys, Differential, 6. CO REGISTRA TION. p.; Una water, 44. r.iUs, Draw and Door (metal), 13. Pulp, Wood, 50. Pulses, 42. Pump leathers, 37. Pumping engines, 6. Pumps, 6. Air ; (philosophical), 8. (steam engine, and for supplying air), 6, Garden, 7. Manure, 7. Stomach, 11. Punch, an alcoholic liquor, 43. Punches (metal), 13. Saddler's, with a cutting edge, 12. Punching machines, 6. Punt guns, 19. Purifying apparatus (gas), 6. Purses in the class of the material. Putty, 50. knives, 13. Pyretic saline, 3. Pyrometers, 8. Quarries, 16. Quarrying tools, without a cut- ting edge, 13, Quill pen cutters, 12. pens, 39. Quilts (textile) as smallwares in the class of the material or predominating material. Quinine, 3. (aerated), 44. wine, 3. Quoits, 49. E. Racket balls, 49. bats, 49. Racks, Card, 39. Hay; (metal), 13. Rag knives, not parts of machi- nery, 12. parts of machinery, G. Railings (metal), 13. Rails, Coat, 41. for railways, 5. Railway carriages and trucks, 22. couplings (sold separately), 13. crossings, with rails in class 5. points, 6. wrappers and rugs, 50. Rakes (garden), 13. (horse), 7- Ramps, 13. REGISTRATION. 61 Ranges. Kitchen, 18. Rangoon oil, 47. Rape cake and meal, 42. oil, for use in uianufactarcs, 4. Raspberry vinegar, 42. Rasps, 12. Ratchet-biaces, 13. Ratchets, 13. Rattans, 50. Razor paste, 50. strops, 50. Razors, 12. Reamers, 12. Reapiug hooks, 12. machines, 7. Ready-made clothing, 38. Recappers, 19. Red lead, 1. ochre, 1. Reed instruments, 9. Reflectors (metal), 13. Refreshment bars, 18. Refrigerators, 50. Regulators, Gas, 50. Regulus, Copper, 5. Reiinet, 42. Reps, Biarritz, 34. Resins, 4. Respirators, 11. Retorts (earthenware), 16. Revivers (kid, varnish, &c.), 50. Revolvers, 19. Ribbons (silk and silk velvet), 32. Velvet (silk and cotton, silk predominating), 32. (wool, worsted, or mohair predominating), 3.'). Ribs Umbrella (caue), oO. (metal), 13. Rice, 42. Rick covers, 50. Riddles (wire), 13, (wood), 50. Rifles and jjarts thereof (metal), 19. Rigging, 21. Rims or fellies (metal), 13- (wood), 50. RLngflyers, 6 Rings, Curtain (metal), 13. (wood), 5Q. (india-rubber), for um- brellas. 40. (metal), 13. Napkin (electroplate and precious metal), 14. (bone, ivory, wood, &c.), 50 Ripes or scythe-sharpening sticks (metal), 13. Rippers, Slaters', 12. Rivet iron, 5. Riveting machines, 6. Rivets, 13. Roasters, Coffee, 6. . Roasting jacks, 6. 62 REGISTRA TION. Rock drills, 6. Kod iron and steel, 5. Rods, Fishing, 49. Gauge, 8. Stair (metal), 13. Rolled tombac, 5. Roller skates, 49- Rollers for sashes (metal), 13. Garden, 7. Printers', 39. (parts of machinery) , 6. Roofing felt, 50. (metal), 13. pasteboard, 50. Root- cutting machines, 7. Roots for food, 42. use in medicine and phar- macy, 3. Rope (jute or hemp), 50. (leather), 37. (wire), 13. Rosettes, Paper, 39. Silk, 32. Rosin oil, for use in manufac- tures, 4. Rotten stone, 50. Rouge for toilet purposes, 48. Jewellers', 50. not for toilet purposes, 50. Roughs (linen), 27. Rubbers, 50. Ruffles, 38. Rugs for personal use, 50. Rugs in the nature of carpets, 36. Rulers, 39 Rules, Workmen's (metal), 13. (wood), 50, Rum, 43 Bay, 48. Rusting, Compound to prevent, S. Saccharometerg, 8. Sacking (jute), -9. Sacks, 50. Saddlery, 37. Saddle cloths, 37. paste, 50. Saddles, Air ; for bicycles (india- rubber) , 40. Saddlers' ironmongeiy, 13. Sad-irons, 13. Safes, Ice, 50. Meat, 50. (metal), 13. Sago, 42. Sailcloth (flax and hemp), 27. Salad cream, 42. oil, 42. Saline, Pyretic, 3. Salt for bathing, 3. food, 42. Saltpetre, 1. REGISTRATION. 63 Salts, Smelling, 3. Schiedam, 43. used in pharmacy, 3. School desks, 8. Salve, 3. Scissors, 12. Eye, 3. (surgical), 11. Sand cloth, 50. Scoops (imitation of i)reciou8 paper, 50. metal). 14 , Silver, 50. metal, 13. Sandallings, Elastic, 40. Scrap books, 39. Sanitary contrivances and appli- Scouring liquids for fabrics, 47. ances, 18. Scrapers, Door (metal), 13. preparations, 2. (india-rubber), 40. Sardines, 42. with a cutting edge, 12. Sarsaparilla, 3. without a cutting edge, 13. Sash iron, 5. Screeus, Fire (metal), 13. Satchels, 50. (furniture), 41. Sates, Cold, 13. (wire), 13 Satins in the piece, 31. Screw-drivers, 13. Sauce, 42. jacks, 6. Saucepans, 13. machines, 6. Sausage machines, 6. presses, 6. Sausages, 42. Screwing tackle, 12. Saw-benches, 6. Screws, 13. sets, 13. Scrubbers, Hydraulic ; (for tables, 6. cleaning ships bottoms when Sawing machines, G. afloat, 21. Saws, 12. Scuttles, Coal, 13. (surgical), 11. Scythe sneads (metal), 13. Saxes, Slaters', 12. stones, 50. Scale, Fluid for the prevention strickles, 50. and removal of boiler, 1. Scythes, 12. Scales, 6. Sealing wax, 39. Scantling (wood), 50. Seals, 39. Scarves, 38. Sea-water for bathing and other Scents, 48. purposes, 50. 04 REGISTRATION. Seidlitz powders, 3. Seed-drills, 7- Seeds for agricultural and horti- cultural purposes, 46. used as food, 42. in manufactures, 4. iu medicine and phar- macy, 3. Seltzer water, 44. Seltzogenes, 8. Semolina, 42. Separating machines (grain), 7- Seraphines, 9. Serges, 34. Serviers, Plasterers', 13. Sewing machine needles, 13. machines and parts of sew- ing machines, 6. needles, 13. silk, 30. thread (cotton) not wound on spools or reels, 23. wound on spools or reels, 23 (flax and linen), 26. Sextants, 8. Shafts (parts of machines), 6. (wood), 50. Shalloons, 34. Shaping machines, 6. Sharpening jDowder, 50. sticks (metal), 13. stones, 50. Shave hooks. Plumbers ; (with- out a cutting edge), 13. Shaves, 12. Shaving brushes, 50. paste, 48. soap, 48. Shawls (cotton), 25. (linen), 28. (silk), 32. (woollen and worsted) in i he piece, 34. not in the piece, 35. Shear steel, 5. Sheaiing machines (for sheep), 7. (not for agricultural pur- poses), 6. Shears, 12. Sheathing metal, 5. Sheep, Mtdicine and Dressings for, 2. shearing machines, 7. shears, 12. washes, 2. Sheet-metal, 5. Sheetings (cotton) in the piece, 24. (linen and hemp) in the piece, 27. Sheets (cotton) not in the piece, 25. (india-rubber), 40. (linen) not in the piece, 28. Sheffield and other plated goods, 14. REGISTRATION. 65 Shell, Articles of, 50. Shot, 19. Shells (explosive), 20. belts, 19. Shelves, Fret (metal), 13 . pouches, 19. (wood), 50. Shovels (metal), 13. Sherbet, 42. Shutters (revolving , 18. Sherry, 43. (wood), 50. Shields, Nipple, 11. Shuttlecocks, 49. Ships' berths (metallic). 41. Shuttles of bone, ivory, and Compositions for the bot- wood, 50. toms of, 1. metal, 13. equijjments (except nautical Sickles, 12. instruments), 21. Side plates for ploughs, 7. logs, 8. Sieves (wire), 13. Shirt fronts, 38- (wood), 50. studs (not of precious metal Sifters, Cinder (being machines). or imitation of the same), 6. 50. Sifters, Cinder, for housuhold (precious metal or im tat ion use, 13. of the same), 14. (imitation of precious metal), Shirtings (cotton), 24. 14. (linen), 27. Sight adjusters, 8. (woollen), 34. protectors for guns, 19. Shirts, 38. Signals, Fog (explosive), 20. Shives and spiles (wood), 50. Silica furnace fittings, 16. Shoddy piece goods, 34. Silk antimacassars, 32. Shoe bills, 13. braids, bindings, galloons. drills, 27. ribbons, webbing, and hides (calf and kip), 37. other silk smallwares. horns (bone, ivory, wood), 32. 50. Flags of, 32. (metal), 13. Oiled, 11. thread (linen), 26. piece goods, 31. Shoes, 38. (raw or partly prepared). Shop counters, 41. 4. 66 REGISTRATION. Silk (spun, thrown, sewing or knitting ; twist, yarn and thread), 30. Silver, 5. and imitations of silver, 5. Wares of, 14. German (in sheets, bars, and ingots), 5. wire, 5. leaf, 5. Nitrate of, 1. paper, 39. sand, 50. thread, 14. wire, 5. Silversmith's soap, 50. Singeing lamps, 13. Singers, Horse, 13. Sinks (metal), 13. (slate and stone), 50, Size, along with paints and var- nishes in class 1. Sizing machines, 6. Skates, 12. Roller, 49 Skins, wrought and unwrought, 37. Skirts, 38. Skylights (metal), 13. Slate, 4. See Slates. Slaters' rippers, saxes, and horses, 12. Slates (roofing and building), 17. Slates (writing), 39. Slide rests, 6. rules, 8. Slippers for wear, 38. Slotting machines, 6. Small-arms, 19. Small wares not included in other classes (metal) in class 13. (precious metal or imitation thereof), 14. (textile) according to the material or the predomi- nating material, 25, 28, 29, 32, and 35. (wood, ivory, bone, jet), 50. Smelling - bottles mounted in precious metals or imita- tions of them, 14. salts, 3. Smiths' bellows, 50. Smoke boards (metal), 13. Snap caps, 19. Sneads, Scythe; (metal), 1.3. Snuff, 45. Snuffers, 13. Soap, Common, 47. Disinfecting, 2. Extract of, 47. (medicated), for human use, 3. for dogs, cattle, »S:c., 2. Perfumed, 48. Shaving, 48. REGISTRATION. 67 Soap, Silversmiths', 50. Socks for curative puxposes, 11. wear, 38. Soda and its preparations (for use in manufactures), 1. water, 44. apparatus and ma- chines, 6. bottles, 15. Sofas (furniture), 41. Garden : (metal), 13. Solder, 5. Sole plates for ploughs, 7. Soles (cork), 38. Sounding machines and appa- ratus, 8. Soups, 42. Spades, 13.* Spangles of gold, 14. Spanish stripes, 34. Spanners, 13. Spars for ships, 21. Spectacles, 8. Speed indicators and gauges, 8. Spelter, 5. Spice extracts (alcoholic), 43. Spices, 42. Spikes (marline), 13. Sinles (wood), 60. Spills (wood), 50. Spirit indicators, 8. levels, 8. Spirits (beverages), 43. Spirits of camphor, 3. (perfumed), 48. Spittoons (metal), 13. (porcelain or earthenware), 16. Spokeshaves, 12. Spokes (metal), 13. (wood) , 50. Sponges, 4. (india-rubber), 40. Spoons (brass and tin), 13. (precious metal and imi- tations thereof), 14, Spouting (metal), 13. Spreaders (wood), 50. Sprigs (flax and linen), 27. Spring balances, 6. mattresses, 41. steel, 5. Springs (bell), 13. (door, railway waggon and carriage, buffing or buffer) , 13. (machine), 6. (watches and clocks), 10. Spuds, 13. Spurs (iron or steel), 13. Squares, Workmen's (metal), 13. (wood), 50. Squeegees (india-rubber), 40. Squeezers, Lemon, 6. Stain powders, 1. Stains, Wood, 1. 68 REGISTRATION. Stair cases (metal), 18. Steam hammers, 6. rods (metal), 13. packing, 50. Stakes (metal), 13. pumps, 6. Stamps, Hand (for marking linen traps, 6. and paper), 39. Stearine, 4. Standard gauges, 8. candles, 47. Standards, Gas (metal), 13. Steatite articles, 50, Stands for casks, sewing ma- Steel, 5. chines, and similar arti- carboniser, for use in manu cles, in the clnss of the factures, 4. material. pens, 39. Umbrella ; with furniture toys, 13. in class 41. wire ropes, 13. Staples (metal), 13. Steels, Butchers', 13. Starch for laundry purposes, 47. Steelyards, 6. use as food, 42. Steering engines, 6. Stationery, 39. gear, 21. cases, 39, Stencil plates, 39.* Statuary (porcelain), 16. Stereotyping paper, 39. Stay busks, 13. Sticks, Walking, 50. Stays, 38. Whip, 50. Steam boilers, Composition for Stills (experimental). preventing and removing Stirrups, 13. scale in, 1. Stockings, 38. radiation of heat from, 1. (surgical), 11, for agricultural purposes, 7. Stocks and dies, 12. not for agricultural purposes, (being parts of guns), 19. 6. Stomach pumps, 11. coils, 18. Stone, Artificial, 17. engines, for agriciiltural blue (for laundry purposes), purposes, 7. 47. not for agricultural pur- breaking machines, 6. poses, G. Rotten, 50, gauges, 8. Stones, Sharpening, 50. REGISTRATION. 69 Stoneware, 16. Studs, Bale ; (metal), 13. Stopping for teeth, of precious (not of precious metal or metal, 14. imitation thereof), 50. not of precious metal, 11. Shirt; (precious metal or Stops for organs, 9 imitation thereof), 14. Stout, 43. Stuffing (woollen, worsted, or Stove boilers, 18. hair), 35. ranges, 18. Stuffs and cloths of wool. Stoves, 18. worsted, or hair, 34. Strainer plates, 6. Submerged structures. Compo- Strainers (wire), 13. sition for coating, 1. Straps, 37. Sugar, 42. Straw boards and straw paper, Black ; prepared for medi- 39. cinal purposes), 3. elevators, 7. candy, 42. envelopes (for bottles) , 50. cane bills, 12. Goods manufactured from ; Sulphur, Precipitated ; for use not included in other in manufactures), 1. classes, 50. Sun-burners, 13. hats and bonnets, 38. shades, 50. Straws for shei'ry- cobblers, 50. Supporters, Abdominal, 11. Stretchers, Linen ; bone, wood. Suppositories (medical), 3. or ivory), 50. Surgical instruments, apparatus. Pot (wood), 50. and contrivances, 11. Strickles, Scythe, 50. Surveying instruments, 8. String, 50. Suspenders, Card, 39. Strings for musical instruments, Dress ; (metal), 13. 9. Suspensory bandages, 11. Strip iron, 5. Sweepers, Carpet, 6. Stripes (woollen), 34. Sweetmeats, 42. Strong rooms, 18. Swimming belts, 21. Strops, Razor, 50- Swivels, 13. Structures (iron), 18. Sword bayonets, 19. Strychnine, 3. blades, 12. 70 REGISTRATION. Swords, 19. Tallow used for heating, illumi- Syi^hons, 6. nating, or lubricating, 47. Syringes (surgical), 11. Synips (medicinal), 3. (not medicinal), 42. Tambourines, 9. Tanks (metal), 13. (slate and stone), 50. Tanning substances, 4. Tape (cotton), 25. (linen), 28. T. Tapers (wax), 47. Table cloths and covers (cotton). Tapes, "Workmen's measuring, 50. in the piece, 24. Tapioca, 42. not in the i^iece, 25. Taps (metal), 13. (linen), in the piece, 27. not in the piece, 28. (porcelain or earthenware) 16. (nnion,Hnen predominating) Screw-cutting, 12. in the piece, 27. not in the piece, 28. (wood), 50. Tar, 4. (woollen and worsted), in the piece, 34. Targets for archery, 49. guns, 19. not in the piece, 35. (oil-cloth), 36. Tables, Billiard, 49. Tarpaulins, 50. Tassels (gold and silver bullion), 14. Chess, 41. (furniture), 41. (not of gold and silver bullion) as smallwares Saw, 6. Tablets, Worm ; (for human according to the class of the material or predomi- use), 3. Tactle, Fishing, 49. Tacks, 13. Taggers, Black, 5. Tailors' chalk, 50. nating material. Tasters, Cheese, 12. Tatting cotton, 23. shuttles (bone, ivory, wood), 50. Tallow (edible), 42. Tea, 42. for use iu manufactures, 4. (aerated), 44. REGISTRATION. 71 Tea caddies (wood), 50. Thimbles (precious metal or imi- cloths (linen), in the piece, tatiohs thereof), 14. 27. Ship, 13. not in the piece, 28. Threshing machines, 7. Teaching instruments and appa- Thread (cotton), 23. ratus, 8. (flax, hemp, tow, and cliina Tee-iron, 5. grass), 26. Teeth, Artificial, 11. (gold and silver), 14. Preparations for the, 48. (india-rubber), 40. Stopping for (of precious Sewing and other cotton. metal), li. not wound on spools or (not of precious metal), 11. reels, 23. Teething bandages, 11. wound on spools or reels. pads for infants, 11. 23. powders, 3. (silk), 30. Telegraph wire, 5. Thrown silk, 30. Telegraphic instruments, 8. Ticks (cotton piece goods), 24. Telephonic instruments, 8. Ties for wear, 38. Telescopes, 8. Tiles, 16. Tennis, Lawn, poles, 49. (iron), 13. sets, 49. Timber, 50. shoes, 38. Time-keepers, 10. Tent wine, 43. Tinctures (medicinal), 3. Tents, 50. for toilet purposes, 48. Terne plates, 5. Tin, 5. Terracotta, IG. plates, 5. Test paper (chemical), 39. Tins, 13. Testing gas, Instruments for. Tips, Heel, 13. 8. Tobacco cutters, 12. Thermometers (clinical), 11. pipes, 50. (not clinical), S. pouches (inda-rubber), 40. Thibet, 34. (leather), 37. Thimbles for sewing (metal). manufactured and unmanu- 13. factured, 45. 72 REGISTRATION. Toe-tips, 13. Toilet powder, 48. preparations, 48. vinegar, 48. Tombac, 5. Tongs, 13. Tongues, 42. Tonics, 3. Tools, Handles for ; (wood, ivory, bone, etc.), 50. Machine, 6. (metal), without a cutting edge, 13. with a cutting edge, 12. (wood), 50. Tooth brushes, 50. picks, not of metal, 50. powder and paste, 48. wash, 48. Tops (woollen), 4. Tow, 4. hessians, 27. Towels (cotton), in the piece, 24. not in the piece, 25. (linen), in the piece, 27. not in the piece, 28. Toys, 49. Steel, 13. Traces (leather), 37. Traces (metal), 13. Tracing cloth, 39. paper, 39. Traction engines, 6. Tramcars, 22. Transfer picture albums, 39. Transparent paint, 1. Traps for animals (wire or wire and wood), 13. drains (earthenware), 16. metal, 13. Steam, 6. Traversing jacks, 6. Trays (metal), 13. (wood), 50. Treacle, 42. Tree pruners, 12. Tresses (mohair), 35. (spun silk), 32. Trestle fire lighters, 50. Tricycles, 22. Trimmings (cotton), 25. (feather), made up, 50. (ivory, jet, pebble, mother- o'-pearl), 50. (linen), 28. (silk), 32. (woollen and worsted), 35. Tripe, 42. Troches, 3. Troughs (metal), 13. Trousers, 38. Trowels (metal). Trucks, 22. Truffles, 42. Trumpets, 9. Trunnion pieces (ordnance), 19. Trusses, 11. REGISTRATION. 73 Tube expanders, 13. wells, 18. Tubes, Cigar and Cigarette, 50. Copper, 13. for medical pur]:)oses, 11. Glass, 15. (metal), not parts of ma- chines, 13. parts of machines, 6. Tubs, 50. Tulle (silk), 31. Tumbler action for blinds, 13. Tuning forks, 8. Turbines, 6. Tiu'key carpets, 36. Turnery (wood), 50. Turns (metal), 13. Turnscrews, 13. Turnstiles, 6. Turpentine, 4. Tussores (linen), 27. (silk), 31. Tuyeres (potteryware), 16. Tweeds, 34. Tweezers, 13. Twill (cotton), 24. (woollen or worsted), 34. Twine, 50. Twist (cotton), 23. (leather), 37. (linen), 26. (silk), 30. Type metal, 5. Tyre steel, 5. Tyres for machinery, 6. waggons and carriages, 13. U. Ulsters, 38. Umbrella furniture (metal), 13. ribs (cane), 50. (metal), 13. rings (india-rubber), 40. stands, 41. Umbrellas, 50. Underclothing, 38. Unguents for medical purposes, 3. Uniforms, 38. Union goods (not being piece goods) wool or worsted predominating, 35. (not in the piece) linen pre- dominating, 28. joints (metal), 13. piece goods (cotton predomi- nating), 24. (linen predomi- nating), 27. (wool or worsted predominating), 34. Upholstery, 41. Uppers, Boot, 37. Urinal basins (potteryware), 16. Urinals, 18. 74 REGISTRATION. tJrinals for travellers and in- valids, 11. U tonsils, Domestic, Culinary, Garden and Stable ; (me- tal), 13. (wood), 50. Vacuum brakes, 6. gauges, 8. Valentines, 39. Valves (metal), not parts of machines, 13. l^arts of agricultural ma- chines, 7. machines other than agri- cultural machines, 6. Van covers, 50. Vans, 22. Varnish for polishing purposes, 50. Varnishes and paints, 1. Vaseline, for use in manufac- tures, 4. prepared for use in medi- cine and pharmacy, 3. Vases (i^orcelain or earthenware), 16. (wood), 50. Vegetable substances, Goods manufactured from (not in- cluded in other classes), 50. Vegetable substances, raw or partly prepared, used in manu- factures, and not included in other classes, 4. Vegetables, 42. Veils for wear, 38. Velocipedes, 22. Velvet, in the piece (silk), 31. (wool, worsted, or mohair predominating), 34. ribbons (silk and cotton, silk predominating), 32. (wool, worsted, or mohair predominating), 35. Velveteens in the piece (cotton), 24. Venetian blinds (metal), 13. (wood), 50. Ventilating appai-atus, 18. Ventilators (metal), 13. Verandahs, 18. Vermicelli, 42. Vermin-destroying preparations, 2. traps (of metal), 13. Verniers, Steel and iron, 8. Vesicant or blistering prepara- tions for veterinary purposes, 2. Vestas, 47. Vests, 38. Vesuvians, 47. Veterinary preparations, 2. Vice benches, 6. REGISTRATION. 75 Vices, 13. Vichy water, 44. Vinegar, 42. (medicated), 3. Toilet, 48. Violet powder, 48. Violins, 9. Violinas, 0. Virginian silver wares, 14. Vitrified porcelain enamel, a coating for metal, 1. Voice lozenges, 42. Vulcanite goods, not included in other classes, 40. Vulcanised india-rubber horse- shoes, 40. W. Wad cutters, 19. Wadding and stuffing (cotton), 25. (woollen or worsted), 35. Wads, 19. Wafers, 39. Waggon and Carriage metal- work, 13. covers, 50. Waggons, 22. Waistcoats, 38. Walking-sticks (wood), 50. Wall coverings, 41. Wares, Small, not included in other classes (metal), 13. (textile), according to the material or the predominating material, in classes 25, 28, 29, 32, and 35. (precious metal or imitation thereof) , 14. (wood, ivory, bone, jet), 50. Warmers, Foot (metal), 13. Warming apparatus, 18. Washers (gutta - jiercha and india-rubber), 40. (leather), 37. (metal), 13. Washing boards (wood), 50. machines for linen and other fabrics, 6. powders and preparations for laundry use, 47. Washes for toilet purposes, 48. veterinary purposes, 2. Medicated, for human use, 3. Sheep, 2. Waste silk yarn, 30. Watch cases (metal), 13. (precious metal or imitation thereof), 14. Watches, and parts thereof (ex- cept cases sold separately), 10. Water-bars (metal), 13. 76 REGISTRATION. Water, Bay leaf, 48. beds (india-rubber or gutta- percha), 40. colours, 1. coolers in the class of the material of which they are made. for bathing and other pur- poses, 50. gauges, 8. Lavender, 48. Lithia, 44. Magnesia, 44. Pullna, 44. purifying apparatus, 18. stains, 1. Seltzer, 44. Vichy, 44. waste-jareventers, 18. Watercloset basins (earthen- ware), IG. paper (medicated), 3. Waterclosets, 18. Waterproofing compounds, 50. Waters (distilled) for medical purposes, 3. (mineral and aerated), 44. (perfumed), for toilet pur- poses, 48. Wax, Bees, for use in manufac- tures, 4. candles, 47. Paraffin, 4. (raw), 4. Wax, Sealing, 39. vestas, 47. Wearing apparel, 38. Webbing (india-rubber), 40. (linen), 28. (silk), 32. (woollen or worsted), 35. Webs, Elastic (not of india- rubber), in the class of the material. Wedges (metal), 13. Weighing machines, 6. Weights (bar, ring, and other), metal, 13. Clock, 13. Paper, 39. Wells, Tube, 18. Whalebone, 4. Wheat, 42. meal, 42. Wheel-barrows (metal), 13. (wood), 50. Wheel hubs of wood, 50. rims of wood, 50. spokes of wood, 50. Wheels, being parts of agricul- tural machinery, 7. machinery other than agri- cultural machinery, 6. Grinding, 50. (metal), not being parts of machinery, 13. (wood), 50. Whipcord, 50. REGISTRATION. 77 Whip sticks, 50. Whips, 37. Whisk fibre, 4. Whiskey, 43. Whist counters, 49. Whistles, Steam ; (parts of ma- chinery), 6. White lead, 1. Zinc, 1. Whiting, 17. White-svashes, 17. Wickerwork not included in other classes, 50. Wicks, Lamp, 47- Wigs, 50. Winches, 6. for use on board ship only, 21. Wind gauges, 8. Winding gear, 6. Windlasses (for use on board ship only), 21. Wind-mills, 6. Window frames (metal), 13. (wood), 50. Window hollands (linen), 27. Wine, 43. bins. Cabinet, 41. (metal), 13. coolers, according to the material. Ipecacuanha, 3. (medicated), 3. Tent, 43. Winnowing machines, 7. Winters (metal), 13. Wire, 5. Copper, 5. covered with silk, cotton, etc., in the class of the covering material, drawing, Jewels for. 50. Fencing, 5. gauze, Articles of, 13. German silver, 5. netting and fencing, 13 ropes, 13. Telegraph, 5. woven mattresses (spiral spring), 41. Wiring machines, 6. Wood bird cages, 50. cocks, 50. gates, 50. Goods manufactured from ; (not included in other classes), 50. parquetry, 50. pencil cases, 39. Wood pulp, 5U. spii-it, 4. stains, 1. vrorking machinery. Wooden tools, 50. Wool, Berlin; (fleecy and em- broidering), 33. (medicated), 3. (raw or partly prepared), 4. 78 REGISTRATION. Woollen antimacassars, 35. Y. bindings and other small- •wares, not in the piece, Yachts, 21. 35. Yaktails (furs), 37. cloths in the piece, 34, Yarns, Bagging (jute), 29. yarns and thread, 33. China grass, 26. "Worm powder (for veterinary Cotton, 23. purposes), 2. Grauderelle, 23. tablets (for human use), Genappe, 33. 3. Jute, 29. Worms (metal), 13. Linen, Hemp and Flax, 26. Worsted braids and other small- Silk, 30. wares, not in the piece, (worsted, merino, woollen, 35. hair, niungo and shoddy). stuffs in the piece, 34. 33. yarns and thread, 33. Yeast, 42. Wrappers, Railway, 50. Yellow metal, 5. Wraps for wear (wool), 35. ochre, 1. Wrenches, 13. Wringing machines, 6. Wristbands, 38. Z. Writing desks and cases, 39. Zephyrs (cotton piece goods), fluids, 39. 24. paper, 39. Zinc, 5. slates, 39, nails. 13. white, 1. Zithers, 9. Zoedone, 44. Before engraviug- blocks and circulating impressions of newly adopted Marias, manufactui-ers should cause search REGISTRA TION. 79 to be made, in order to discover -whether such or similar Marks have been already registered. Searches must be made either personally or by an agent, as the Comptroller does not undertake to make such, except in connection with formal application for regis- tration. The Government fee for the privilege of searching amongst the classified representations of Trade Marks is one shilling for every quarter of an hour. 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 oflBcer, who should add, after his signatiu-e and designation, " For the Company." 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, the necessary letter of authority being signed by the owner or owners. 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, and 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. Eei^resentations must in no case be executed in pencil. 80 REGISTRA TION. Trade Marks resembling each other in the material par- ticulars, but differing either in respect of the goods for which they are used, the prices, qualities, or names of places, can now be registered as a series. When an application is made for such a series, a representation of each of the Marks included therein must be affixed to the Form "F " and also to each of the Forms " Gr." The Forms "F" and " G," duly completed in accord- ance with the foregoing instructions, should be then for- warded to the Trade Marks Branch of the Patent Office. In due course the applicant will be notified that either his application is accepted, or that for some cause, such as its not possessing any essential element of a Trade Mark, or its unduly resembling Marks previously registered or tendered for registration, the Comptroller cannot proceed to register it. The applicant in such case is entitled to a hearing, and the date proposed for such must be notified to him by the Comptroller ten days' prior thereto. Within five days from the date when such notice would be delivered in the ordinary course of post, the applicant must notif}' to the Comptroller whether he intends to be heard upon the matter. At such hearing the applicant may be heard personally or by his agent. Should the Comptroller ultimately refuse to register the Mark applied for, the applicant may appeal to the Board of Trade. REGISTRATION. 81 If such appeal he made, notice of intention so to pro- ceed must be delivered to the Comptroller on Form " H " in the second Schedule to the Rules for the Registration of Trade Marks under the Patents, Designs and Trade Marks Act, 1883. This form can be obtained upon order at any of the Post Offices mentioned in the list given on pages 6, 7, 8. The Stamp Duty thereon is £1. The Board of Trade may make an order determining whether, and subject to what conditions (if any) regis- tration is to be permitted, or may refer the appeal to the Court for decision. AVhen a Mark is accepted by the Comptroller, the applicant is called upon to furnish a wood block or electrotype for the purpose of advertising the Mark in the official paper (Trai^e Marks Journal). Where application is made for registration in more than one class of what is actually one Mark, a wood block or eleetrot^'pe must be supplied for each class (except in classes 23, 24 and 25, for which no blocks or electrotypes are required). In the case of a series of Marks, a wood block or electro- type must be furnished for every Mark included therein. No block or electrotype should be sent to the Comp- troller until a formal demand for it has been received by the applicant. The wood blocks or electrotypes must not be worn or mutilated. They should correspond exactly with the representation, afford perfecthj distinct impressions of the G m REGISTRATION. Marks, and be upon a scale sufficiently large to reproduce the Marks faithfully. The largest space availahle 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 occupies more than two inches in depth a charge for additional space is made at the rate of two shillings for evei-y inch or part thereof beyond the two inches. Nothing should appear on the face of the block or electrotype but the actual Mark. The number given by the Comptroller must be marked upon the side, in such a manner as to secure identification. The blocks or electrotypes supplied for the advertise- ment of Trade Marks are not returned to applicants. The official paper containing representations of the Marks applied for is published weekly. Upon the appearance therein of the advertisement of his Trade Mark the applicant receives a communication to that efi'ect, and can then obtain a copy by forwarding to the Comptroller a Postal Order for one shilling, the cost thereof, no charge being made in respect of postage. Within two months of the date of the Journal any person who has good grounds of objection to the registra- tion of any of the Marks therein, may give notice at the Patent Office, in the Form "J" in the second schedule to the Trade Marks Eules, 1883, of opposition to such registration. REGISTRA TION. 83 The Stamp Duty is £1, and the original form must be accompanied by an unstamped duplicate. This form, as all others, is obtainable at the Post Offices as previously mentioned. Witliin two months after receipt of such notice, or such further time as the Comptroller may allow, the applicant should send to the Comptroller a counter statement in duplicate of the grounds on which he relies for his application, as if he does not do so he will be deemed to have abandoned it. The following is a form of counter statement : — Patents, Designs and Trade Marks Act, 1883. TEADE MAEKS. 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 rely for my application on the following grounds : — 84 REGISTRA TION. (To be dated and signed by the applicant or his solicitor.) 7o the COMPTEOLLEE, Patent Office, Trade Marks Branch, 28, Southampton Buildings, London. If tbe applicant sends such counter statement, the Comptroller will furnish a copy thereof to the person who gave notice of opposition and require him to give security for costs. Should such security not be given in due time the opposition is considered as withdrawn. The following is a Form of Bond which the Comptroller is able to accept from persons opposing applications, and who have been required to give secui'ity for costs : — Patents, Designs and Trade Marks Act, 1883. TEADE MAEKS. In the Matter of an Application, No. and of the opposition thereto, No. Know all men by these presents that we, of and of are jointly and severally REGISTRATION. held and firmly bound to Henry Reader Lack, the ComptroUer-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 oui" heirs, executors and administrators fii'mly by these presents sealed with our Seals. Dated this day of Whereas, j)ursuant to the provisions of the Patents, Designs and Trade Marks Act, 1883, and of the Trade Marks Pules, 1883, an Application (No. ) has been made by of to the Comptroller-General of Patents, Designs and Trade Marks for the registration of a certain Trade Mark And whereas the above bound en 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 tlie terms of the said Act, hath required the said to enter into the above- written obligation (subject to 8G REGISTRATION. the condition hereinafter contained) as security for such costs as maybe 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 truly pay or cause to be paid 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 and presence of in the Before being required to bring any such opposition matter before the Court the Applicant is afforded an ojiportunity of objecting to the solvency of the security. AVhen security has been duly given, the Comptroller informs the applicant in writing, and the case then stands for the determination of the Court. REGISTRATION. 87 The applicant is now required by thie Comptroller, within one month, or such further time as he may allow, to issue a summons in the Chambers of a Judge of the High Court of Justice for an order that, notwithstanding the opposition, the registration be proceeded with by the Comptroller, or to take such, other preceedings as may be proper and necessary for the determination of the case by the Court. Notice of such issue must, within the above- mentioned period, be given to the Comptroller. If the applicant fail to issue summons, or to take such other proceedings, and of which failure the non-receipt by the Comptroller of the said notice is deemed sufficient proof, the application is considered to be abandoned. The mode of giving such notice is by forwarding to the Patent Office a copy of the summons, or other initiating proceeding bearing an endorsement of service signed by the applicant or his solicitor, or an endorse- ment of acceptance of service signed by the opponent or his solicitor. For the purposes of rectification or alteration of the Register, the person in whose favour an order has been made must forthwith leave a copy thereof at the Patent Office. After the expiration of two months from the date of the advertisement of the application, the Comptroller, if satisfied that the applicant is entitled to registration, sends to him, a notification of his being prepared to register the Mark upon pajTuent of the prescribed fee. 88 REGISTRATION. The applicant must then forward to the Comptroller a req^uest in the Form I. This form requires a twenty shilling impressed stamp. The Mark is then entered upon the register, an official notification thereof forwarded to the applicant, and the fact duly advertised in the Trade Marks Journal. In cases where each of several persons claims to be registered as proprietor of the same Trade Mark, the Comptroller, whether all of such persons apply to be heard before him or not, may require all or any of them to submit a statement in writing, within a time to be notified by him, or to attend before him and make oral explanations in the matter. Should the Comptroller refuse to register any of the applicants until their rights have been legally determined, the manner of submitting the case to the Court, either by the Comptroller or by the applicants rmder his requisition, unless otherwise ordered by the Court, is by a special case to be filed and proceeded with in the same manner as any other special case, or in such other manner as the Court may direct. A special case may in certain instances be agreed to by the parties, or, in the event of their differing, be settled by the Comptroller upon pa;yTnent of the prescribed fees. Where an Order is made by the Coiu't allowing an Appeal, disallowing an opposition to registration, or otherwise affecting the Eegister, the person in whose favour it is made, or, if more than one, such one of A REG IS TEA TION. 89 them as may be required by tbe Comptroller, must fortb- witb leave at the Patent Office a Copy of the Order whereupon the Register is rectified, altered, or varied as the case may be. The Comptroller may publish, by advertisement or otherwise, and as he thinks just, the circumstances attend- ing a rectification or variation of the Register, and at the expense of the person applying for the Order under which the alteration is effected. The Registered Proprietor of a Trade Mark may secure the alteration of his address on the Register by sending a notice to the Comptroller in the necessary form accom- panied by the prescribed fee. Fourteen days' notice must be given to the Comptroller of any application to the Court for leave to add to or alter a registered Trade Mark. If leave be granted, such number of representations of the altered Mark as he may require must be furnished to the Comptroller. The Register of Tkade Marks is open for pubKc in- spection on every week day between 10 a.m. and 4 p.m., except on Christmas Day, Good Friday, the day observed as the Queen's birthday, public fast and thanksgiving days, and days observed as holidays at the Bank of England ; any days notified from time to time by placard, conspicuously displayed at the Patent Office, and such times as it is required for official use. 90 REGIS TR A no A. Where any person is unable to comply with, any of the rules relating to the signing of documents, making of declarations, etc., the Comptroller, with the sanction of the Board of Trade, may dispense with such upon the production of other satisfactory evidence. General, as well as special authority is possessed by the Comptroller for the granting of certificates relating to Registration and other matters connected with Trade Marks. Statutory declarations are to be made — (a) In the United Kingdom, before any Justice of the Peace, or any Commissioner or other Officer authorised by law in any part of the United Kingdom to administer an Oath for the purpose of any legal proceeding. (fe) In any other part of Her Majesty's dominions, before any Court, Judge, Justice of the Peace, or any Officer authorised by law to administer an Oath for the purpose of a legal proceeding, and ; (c) If made out of Her Majesty's Dominions, before a British Minister, or person exercising the functions of a British Minister, or a Consul, Vice-Consul, or other person exercising the functions of a British Consul, or a Notary Public, or before a Judge or Magistrate. REGISTRATION. 91 The Fees payable in connection with, matters relating to Trade Mark Registration are as follows : — On application to register a trade mark for one or more articles included in one class £ s. d. On appeal to Board of Trade on refusal of Comptroller to register ... ... ... ... ... ... ... 1 For registration of a trade mark for one or more articles included in one class ... ... ... ... ... 1 For registering a series of trade marks, for every additional representation after the first in each class ... ... 5 For entering notice of opposition, for each trade mark, whether in one or more classes ... ... ... ... 1 On application to register a subsequent proprietor in cases of assignment or transmission, the first mark ... ... 1 For every additional mark assigned or transmitted at the same time ... ... ... ... ... ... ... 2 For certificate of refusal to register a trade mark under section 77 ... 10 For certificate of refusal at the same time for more than one trade mark, for each additional trade mark after the first For continuance of mark at expiration of 14 years Additional fee where fee is paid within three montlis after expiration of 14 years Additional fee for restoration of trade mark where removed for nonpayment of fee For altering address on the register, for every mark For every entry in the register of a rectification thereof or an alteration therein, not otherwise charged ... ... 10 10 1 10 1 (' 5 92 REGISTRATION. £ s. d. For cancelling the entry or part of the entry of a trade mark upon the register, on the application of the owner of such trade mark ... ... ... ... ... 5 On request to Comptroller to correct a clerical error ... 5 For certificate of registration to be used in legal proceedings 10 For certificate of registration to be used for the purpose of obtaining registration in foreign countries For copy of notification of registration Settling a special case by Comptroller For inspecting register, for erery quarter of an hour For making a search amongst the classified representations of trade marks, for erery quarter of an hotir ... For office copy of documents, for erery 100 words (but never less than one shilling). For certifying office copies, it.S. or printed For certificate of Comptroller under section 96 In cases where a trade mark requires a greater space than two inches of the depth of the page of the Trade Marks Journal, for each additional inch or part of an inch ... 2 Manchester Trade Marks Office ... ... ... Same as above Sheffield Marks Same as abore On appeal from Cutlers' Company, Sheffield, to Comp- troller 10 5 2 2 1 1 4 1 5 REGISTRATION. 93 The following is a list of the Forms relating to Trade Mark Law and practice. On the several pages mentioned the Forms are set out in full : — PAGE Application for Registration ... ... ... 94 Additional Eepresentation of Trade Mark ... 95 Appeal to Board of Trade ... ... ... ... 96 Transmission of Registration Fee... ... ... 97 Notice of Opposition ... ... ... ... 98 Notice of Assignment or Transmission of Trade Mark 99 Request for Certificate of Refusal ... ... 100 Notice of Application for Alteration of Address ... 101 Notice of Application for Rectification of Register 102 Application to Cancel Entry on Register... ... 103 Declaration in support of Application to Cancel Entry 104 Request to Comptroller for Correction of Clerical Error 105 Request for Certificate of Registration for use in obtaining Registration Abroad ... ... 106 Request for Certificate of Registration for use in Legal Proceedings ... ... ... ... 107 Application for Settlement of a Special Case ... 108 General Certificate of Comptroller ... ... 109 Copy of Notification of Registration ... ... 110 Appeal from Cutlers' Company .. ... ... Ill 94 REGISTRATION. PATENTS. DESIGNS, AND TRADE MARKS ACT, 1883. F. TRACK MABKS. Application for Registration of Trade Mark. (n) Only goods con- tained in one and the same class should be set out here. A separate application form is re- quired/ur each separate class. (6) Here in- sert legibly the full name, ad- dress, and business of the indivi- dual, firm, or company. In the case of an indi- vidual, add trading style (if any). (c) Alter to "claim to be the proprie- tors there- of " in the case of a firm or com- pany. You are hereby requested to register the accom- panying Trade Mark in Class , in respect of (a) — One repre- sentation to be fixed within this square, and two others to be sent on separate sheets of foolscap. Reprfsen- tations of a larger size may be fol- ded, but must be mounted upon linen and aflixed hereto. in the name of (6)_ (d) To be signed by the appli- cant ; or, in the case of a firm, by a partner, adding " A member of the firm," or in the case of a company, by the Sec- retary or other Prin- cipal Officer, adding, Dated this day of 188. "For the '' Company. Note. — If the Trade Mark has been in use in respect fj^^/'ln'^^ . of the goods since before August 13, 1875, state agent may length of such user. " Agent. "°^ who claims to be the proprietor thereof (c) To the Comptroller, Patent Office, Trade Marks Branch, 25, Southampton Bicildings, London. (Signed) . REGISTRATION. 95 TRADE MARKS. PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883. Additional Representation of Trade Mark, (To Accomj)any Application for .Registration.) One repre- oentation of the Trade Mark to be afBxed with- in this square. It must correspond exactly, in all respects, with the re- presentation afifixedtothe Application Form. Any repre- Bentation of a larger size than fools- cap may be folded, bvit must then be mounted upon lineu and affixed hereto. Two ot these Additional Eepresentations of the Trade Mark must accompany each Form of Application. In the case of a Trade Mark claimed in one of the Classes 23 to 35, Four of these Additional Eepre- sentations of the Mark must accompany the Form of Application. 96 REGISTRATION. TRADE MARKS. PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883. H. Form of Appeal to Board of Trade on Refusal ot Comptroller to Register a Trade Mark. Sib, I HEREBY give notice of my intention to appeal against your decision upon my application to register a Trade Mark No. in Class for ment of\he ^^*^ "'- ^®S ^^ Submit my case* for the decision of the Board of Trade. case to be written up un fools- cap paper (on one side only), with a margiu of two iiuhes on the left- hand side thereof. I am, Sir, Your obedient Servant, To the Comptroller, Fatent Office, Trade Marks Branch, 25, Southamfton Buildings, London. I REGIS TRA TION. 97 TRADE MARKS. PATENT;, DESIGNS, AND TRADE MARKS ACT, II I. Fee for Registration of a Trade Mark. Sir, In reply to your request, I hereby transmit tho prescribed fee for the registration of the Trad^ Mark No. in Class I am, Sir, Your obedient Servant, To the Comptroller, Fatent Office, Trade Marks Branch, 25, Southampton Buildings, London. H 98 REGISTRATION, PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883. TRADE MAKKS. J. Notice of Opposition to Application for Registration. [To be accompanied by an unstamped duplicate."! To be dated and signed at the end Toy the op- ponent or his solicitor. In the matter of an Application, No. by of Sir, Notice is hereby given that I of oppose the Eegistration of the Trade Mark adver- tised under the above number for Class in the Trade Marks Journal of the day of 188 , No. , page The grounds of opposition are as follows : — To the Comptroller, Patent Office, Trade Marks Branch, 25, Southampton Buildings, London. REGISTRA TION. 99 TRADE MARKS. PATENTS, DESIGNS. AND TRADE MARKS ACT, 1883. K. ("!) Or We. Here in- sert, name, full address, and descrip- tion. (6) My or our. (c) Or names. {<') I am, or We are. (e) Here state wheth- er Trade Mark trans- mitted by- death, mar- riage, bank- ruptey, or (nj)ton Buildiiigs, London. 102 REGISTRATION. TRADE MARKS. PATENTS, DESIGNS, AND TRADE MARKS ACT, li N. Notice of Application for Alteration or Rectification of Register of Trade Marks. In the matter of the Trade Mark, No. , registered in Class in the name of Sir, Notice is hereby given that by an Order of the Court made on the day of 188 , it was directed that the entry on the Register of Trade Marks in respect of the Trade Mark numbered as above should be rectified in the manner therein specified. An Office Copy of the Order of the Court is enclosed herewith. Dated this day of 188 . * To be signed by the person interested or his agent. To the Comptroller, Patent Office, Trade Marks Branch, 25, Southampton Buildings, London. k REGISTRATION. 103 TRADE MARKS. PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883. O. Form of Application by Proprietor of Registered Trade Mark to Cancel Entry on Register. Trade Mark No Class advertised in "Trade Marks Journal," No page, Name of Registered Proprietor or Firm . Place of Business I, the undersigned, of .[or I, the undersigned,. . a member of the Firm of of -on behalf of my said Firm] apply that the entry upon the Register of the Trade Marks in Class of the Trade Mark No may be cancelled. The day of 188._. {Signed) __ This is the statement marked " " referred to in the Declaration of made before me the of 188 lOi REGISTRA TION. PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883. P. Form of Declaration in Support oi Application for Cancellation of Trade Mark by Owner. I, of _ ; \or ^a member of the Firm of of _] do hereby solemnly and sincerely declare, to the best of my knowledge and belief, as follows : — (1) The Application signed by me, and dated the day of 18 , and marked with the letter " O," and shown to me at the time of making this Declaration, is true. (2) I am the person whose name appears on the Register of Trade Marks as the Proprietor of the Trade Mark referred to in the said Application marked with bhe letter " 0." [or My said Firm is the Firm whose name appears on the Register of Tra^^e Marks as the Proprietor of the Trade Mark referred to in the said Application marked with the letter '* O." And I make this solemn declaration conscientiously beheving the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1835. (Siyned) Declared at this day of. Before me,. If the Declaration be made before a Commissioner to administer oaths it will ''equire to be stamped with a 2s. Qd. impressed Inland Revenue stamp. REGISTRA TION. 10! PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883. tra.de MARKS. Q. Form of Request for Correction of Clerical Error in Regard to a Trade Mark. Sir, I iiEKEBY request that- To the Comptroller, Patent Office, Trade 3Iarhs Branch, 25, Southampton Buildings, London, TRADE MARKS. 106 REGISTRATION. PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883. R. Request for Certificate of Registration of Trade Mark for use in obtaining Registration Abroad. In the matter of the Trade Mark, No. registered in Class in the name of Sir, I, of the registered Proprietor of the above Trade Mark, hereby request you to furnish me with your Certificate of Eegistration for use in obtaining Here Etate registration of the same in* came of country in which re- gistration is to be sought. f Signature. Dated this day of 188 To the Comptroller , Patent Office, Trade Marls Branch, 25, iiouthamjiton Buildings, London. REGISTRA TION. 107 TRADE MARKS. PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883. S. Request for Certificate of Registration of Trade Mark for use in Legal Proceedings. In the matter of the Trade Mark, No. , registered iu Class in the name of Sir, I, of the registered proprietor of the above Trade Mark, hereby request you to furnish me with 3'our Certificate of Eegistration for use in the following- Here state LeQ:al Proceedings^'' ' T title o ° ' ,l;u1 pro- lings. \ Siijnature. 4. Dated this day of 188 To the Com2)t roller, Patent Office, Trade Marks Branch, 25, Southampton Buildings, London. 108 REGISTRATION. TRADE MAKKS. PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883. T. Application for Settlement of a Special Case on Application to Register a Til) VE ark. In the matter of the Application of and of the Application of Sir, Notice is hereby given that I, of and I, are nnable to agree upon the facts on which the opinion of the Court is to be taken, and that we request you to fix a day on which we may attend before you and obtain your finding on the matters of fact to be submitted to the Coui't as settled. Dated this day of 188 . * To be signed by both partie To the Comptroller, Patent Office, Trade Maries Branch, 25, Southamjjton Buildings, London. I REGISTRATION. 109 TRADE MARKS. PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883. U. General Certificate of Comptroller-General as to Application for or Registration of a Trade Mark. Patent Office, Trade Marks Branch, London, 188 . I, Comptroller-General of Patents, Designs, and Trade Marks, hereby certify _^_____^_ 1 10 REGIS TRA TION. PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883. TRADE MARKS. V. Request for Copy of Official Notification of Registration of Trade Mark. In tlie matter of the Trade Mark, No. , registered in Class . Sir, I. of the registered proprietor of tlie Trade Mark above named, hereby request that you will furnish me ■with a copy of the official notification of the registra- tion of the same. Signatiu'e. Dated this day of To tlie Comptroller^ Patent Office, Trade Maries Branch, 25, Southaiupton Buildings, London. REGISTRATION. Ill TRADE MARKS. PATENTS, DESIGNS, AND TRADE MARKS A6T, 1883. W. Form of Appeal from Cutlers' Company at ShefSeld to Comptroller. [T© be accompanied by an unstamped dnplieate.] Sir, I HEREBY give notice of appeal against the decision of tlie Cutlers' Company of Sheffield in regard to my application for registration of a Trade Mark No. in Class for The state- and I beg to submit my case^' for your decision ment of the _ ° -^ "^ case to be accordinffly. written ° '' upon fools- cap paper (on one side only), •with + a margin of ' two inches on the left- hand side thereof. ■\ Signature. Dated this day of To the Comptroller, Patent Office, Trade Marks Branch, 25, Southampton Buildings, London. NOTES OF LEGAL DECISIONS, &c. -:o: The following oases which have been noted in connection with the administration of The Trade Marks Registration Acts, 1875-77 ; The Patents, Designs and Trade Marks Act, 1883 ; and The Merchandise Marks Act, 1862, etc. ; with the summary and full text of The Merchandise Marks Law Consolidation and Amendment Act, 1887, will be found to embody all the leading principles recognised in relation to the rights of Trade Mark Owners in the United Kingdom. As regards the relations of Manufacturerr',Exporting, and Commission Agents, more particularly in connection with the custom of trade of Manchester, the following cases are instructive.* Manufac- The matter before the Court resolved itself into a question turers and Agents.- of the right of user in a Trade Mark under the following Custom of ° ° ch^ftOT^^^ circumstances : — Three persons, a Manufacturer, a Shipping Agent, and a Commission Agent at Rangoon, entered into an arrangement under which the Manufacturer was to consign cotton cloths to the Agent at Rangoon, paying him the inclusive commission, the goods to be exported through * Eobinson v. Finlay ; Ward v. Robinson, 9 Ch. D. 487. NOTES OF LEGAL DECISIONS. 113 the Shipping Agent, who was to receive a Commission from the Rangoon Agent. A particular Mark was bj arrangement between the three parties adopted for the goods, of which some portions and the general arrangement were new, and other portions con- sisted of the name and arms of the Shipping Agent and of a symbol which had formerly been used by the Agent at Rangoon. After the goods had been regularly exported for some years under this arrangement, the Manufacturer ceased to send goods through the Shipping Agent and com- menced exporting them to Rangoon through the agency of another party, continuing to use the old Mark, except that the name and arms of the new Shipping Agent were substituted for those of the former one. At; the same time the former Shipping Agent commenced exporting other goods under the old Mark. Cross actions were commenced for injunctions, in which an alleged custom in Manchester, giving the right in the Trade Mark to the Shipping Agent, was set up. The Court, however, in dismissing both actions, decided that upon the evidence no such custom existed, and, moreover, that neither the Shipping Agent nor the Manufacturer had any exclusive right to the use of the Mark. An application for an injunction to restrain the use upon wordsdeno- a trade label of the term "Nourishing Stout," which had ""noS''' been previously used by the applicants, was refused on the "'^' ^ ground that nourishing was a mere English word denoting quality.* *Eaggett V. Fiudlater, 17 Eq. 21). I 114 NOTES OF LEGAL DECISIONS. "Original." The use of the word "Original" can only be claimed by the original inventor of a manufacture, and persons claim- ing under him ; and if he or they have been in the habit of so designating their manufacture, an injunction can be obtained to restrain any other Manufacturer from applying the designation to his goods.* Reference In 1862 a Patent for improvement in filters was taken (Filters.) ' out by One Cheavin, in the name of himself and of his son, then aged seventeen. After the death of the father in the same year, the business was carried on by the son, who made and sold filters marked with a label on which appeared the words " Improved Patent Gold Medal Self- Cleaning Rapid Water Filters," in conjunction with the name of the deceased. The patent of 1862 was allowed to lapse in 1865. In 1867 the son, who had then attained his majority, altered the label, substituting his own name for that of his father, but retaining the words " Improved Patent Gold Medal Self-Cleaning Rapid Water Filters." Above these words was a medallion containing the Royal Arms, surmounted by the words " By Her Majesty's Royal Letters Patent." Certain persons, who had been in the employ of Cheavin the younger, set up in business in the same town in 1876, as makers and tellers of filters, which were similar in appearance to those of Cheavin, and inscribed with the name of the original inventor, and the words " Patent Prize Medal Self-Cleaning Rapid Water Filters, improved and manufactured by Walker and Co." The Court of Appeal (reversing a decision of Vice- * Cocks V. Chandler, 11 Eq. 446. NOTES OF LEGAL DECISIONS. 115 Chancellor Bacon) held that the label used by the plalntiif was not a Trade Mark, but only a description of the article as made according to the original Patent, which was then common to the public ; that there was nothing in the defendant's label calculated to mislead the public by a fraudulent imitation of the plaintitf' s label ; that the plaintiff's label, coupled with the medallion of the Eoyal. Arms, constituted a false representation that the Patent was still subsisting, and disentitled the plaintiff to relief by injunction.* The use of the word ** Patent " as part of the description Hf^fg^^^'iT'^ in a label or Trade Mark of goods not protected by a Patent, was not formerly held to be such a misrepresen- tation as to deprive the owner of his right to be protected against an infringement of his label where the goods had, from the usage of many years, acquired the designation in the trade generally of Patent. f In a case where the plaintiff, whose Trade Mark was " Eureka ■ ■^ _ Shirts. " Ford's Eureka Shirt," had falsely misrepresented in his invoices and in a few advertisements that he was a Patentee of the shirt, it was decided that such false representation was not sufficient to prevent him from sustaining an action at law; and that his right at law being clear, he was entitled to an injunction in Chancery.^ * Cheavin v. Walker, 5 Ch. D. 850 ; Singer Manufacturing- Company V. Wilson (2 Ch. D. -i34) ; and Leather Cloth Company V. American Leather Cloth Company (11 H.L.C. 523.) t Marshall v. Ross, S Eq. C51. I Ford r. Foster, 7 Ch. 611. 116 NOTES OF LEGAL DECISIONS. Patent. The inventor of a new substance who has given to it a Name of siibstoce. name, and taken out a Patent, aod during the continuance Perpetuity'' of the Patent made and sold the substance by that name, is not entitled to the exclusive use of such name after the expiration of the Patent* Common The Question of the right to place on the Eegister AISLi'lcs. Iron Trade.' deviccs Or words common to any particular trade was raised at an early period of the administration of the Registration Act.t A firm of maufacturers had for a long period before the passing of the Trade Marks Registration Act, 1875, been in the habit of using as Trade Marks the letters " B B H," which were the initials of the firm, and also the same Marks coupled with symbols or words common to the trade denoting the quality of the iron. The Court of Appeal decided that the proper mode of registration was to register the Trade Mark " B B H " to be used either alone or with any device or word signifying the quality of the iron. Under Section 74 of the more recent Registration Aci (Patents, Designs, and Trade Marks Act, 1883) provision is made for this and similar cases, whether affecting old Marks or new Marks. In the latter case, however, the privilege extends only to a word or combination of ivords.t * Linoleniii Manufacturing Company v. Nairn, 7 Ch. D. 834. t In re Barrow's Trade Mark, 5 Ch. D. 353. X Nothing in this Act shall be construed to prevent the Comp- troller entering on the Register, in the prescribed manner, and NOTES OF LEGAL DECISIONS. 117 A trader has a right to make and sell goods similar in Sewing . J . Machines. form and construction to those made and sold by a rival ^'ame, tiinger." trader, and in describing and advertising his own goods to refer to those of his rival's and to his rival's name, provided he does this in such a way as to obviate any reasonable possibility of misunderstanding or deception.* The name of a manufacturer, or a system of numbers Name of adopted and used by him in order to designate goods of his turer. ^sys- make, may be the subject of the same protection in equity Number?, as an ordinary Trade Mark.t Application having been made to register as a Trade simiiantv. TIT ^ c \ -1 " Trlanj^ic " Mark for ale a triangle with a double outline with the words device for Ale. "Beccles Brewery, Established 1830," the triangle having subject to the prescribed conditions, as an addition to any Trade Mark :— (a) In the case of an application for registration of a Trade Mark nsed before the thirteenth day of August, one thousand eight hundred and seventy-five — Any distinctive device, mark, brand, heading, label, ticket, letter, word, or figure, or combination of letters, words, or figures, though the same is common to the trade in the goods with respect to which the appli- cation is made. (6) In the case of au application for registration of a Trade Mark not used before the thirteenth day of August, one thousand eight hundred and seventy-five — Any distinctive word or combination of words, though the same is common to the trade in the goods with respect to which the application is made. * Singer Manufacturing Co. r. Loog, 18 Ch. D. 395. [8 App., Case 15]. t Ainsworth c. VValmsley, 1 Eq. 518. 118 NOTES OF LEGAL DECISIONS. within it the figure of a church shown conspicuously, opposition was entered on the part of a firm whose Trade Mark for pale ale was a plain triangle, coloured red in use. The question was argued before the Master of the Rolls* and subsequently before thef Court of Appeal, the latter affirming a decision of the former, that as the applicants for registration would if registered be at liberty to print their Trade Mark in whatever colour they pleased, and if printed on a red ground it would be so similar to that of the opposing firm that a purchaser might be misled, the registration ought not to be allowed. | Similarity. Four Trade Marks, each including the representation of "Anchor" device in an auchor, having been registered in Class 42,11 an applica- Food Cla^s. ' o o j\\ rtr tion was made to the Court to allow the registration of a fifth and new Mark, which included an anchor in respect of goods in the same class but different in character from those for which the four previous Marks had been registered. This application, however, was refused. § In dealing with an application that a third Trade Mark, similar to two others already registered, might be placed on the Register (the proprietors of the other two Marks con- senting), the Master of the Rolls (Sir George Jessel) said that the Commissioners of Patents had considered the point as to how often any new device or emblem might be regis- * Sir George Jessel. f Lords Justices .James and Bntt affirmative. Lord Justice Cotton dissentient. X In re Worthington & Co.'s Trade Mark, 14 Ch. D. 8. ll (Substances used as Food or as Ingredients in Food.) § In re Hargreave's Trade Mark, 11 Ch. D. G61). Three Marl Rule. NOTES OF LEGAL DECISIONS. 119 tered as a Trade Mark for goods or arLicles in the same Similarity, class, and had decided that, for the sake of distinctiveness, Distmctiye- ntss. in no case whatever should the number of times exceed three. They had also decided that, if a device were used by more than three persons, it could not be registered at all, as, being used by so many persons, it lacked that element of distinctiveness which was necessary in a Trade Mark according to the definition given by the Act of 1875. A Mark common to several persons could not be regarded as distinctive and therefore could not be registered. This was the case of three manufacturers of mineral ',' ^ock >> device for waters, each of whom had adopted as a Trade Mark a device, ^j'^^g^f including the representation of a cock.* The rule of the Commissioners referred to was for a long time known and recognised as the *' Three Mark Rule." It may now be considered as abandoned, the general practice of the Comptroller being to refuse any Mark applied for that bears a resemblance to another already on the Register, In certain cases of the kind, however, registration may be secured by application to the Court. An action to restrain the infringement of a registered Continu- iincG of Trade Mark, with the usual claim for an account of profit Action. and damages, is not within the rulef "" AcMo personalis moritur cum-persond!'' but being brought in respect of injury to the property of the owner of the Mark, may be continued by his executors after his death. | Executors. * In re the Walkden Aerated Waters Company, Sebastian's Digest, 558. t "A personal action dies with the person." X Oakey & Sons v. Dalton, 1886, O. 4/2 (Mr. Justice Chitty). 120 NOTES OF LEGAL DECISIONS. sh^^Irand ^^ '^'^1 ■> 1885, a shipper of wine in France commenced uselfTabei ^^16 assignment to a trader in London of champagne under ^rml. the label "Le Court et cie, Reims," which had then recently been registered in France as his Trade Mark, and to which, in December, 1886, his right was established in proceedings before a French tribunal. Further consign- ments were made to the Plaintiff down to July, 1886, and Brand. advertised and sold by him as "Le Court et cie's Champagne." In March, 1886, the London trader, carry- ing on business under the name of Short and Co., began to sell (chiefly at a wine bar across the counter) champagne which was Eent to him from France by another person as " Le Court et cie's Champagne," and it appeared that in 1882 he had proposed to register in France a label with the name " Le Court et cie," as corresponding to his own trade name of Short and Co., but from difficulties in obtaining registration abandoned the idea. The Court of Appeal, reversing a decision of Mr. Justice Chitty, before whom the matter had been previously brought, held that neither on the ground of Trade Mark nor of trade name was the Plaintiff (the French shipper) entitled to an injunction against the Defendant as regards the use of the name, because the label being capable of registration in this country, and not having been registered, the plaintiff was precluded, by Sect. 77 of the Trade Marks Act, 1883, from instituting proceedings to restrain infringe- ment of a Trade Mark ; and, as regards the brand, because the evidence failed to show that either by long user or reputation had the wine sold under the name and brand "Le Court et cie" become so associated with the wine of NOTES OF LEGAL DECLSIONS. 121 the Plaintiff as to enable him to assert his common law right of restraining another person from passing off his goods as those of the Plaintiff.* There is nothing in the Trade Marks Act of 1883 to take Application 1 • 1 ,- . 1- e . . to Regiflter. away the common law right of an Applicant for registration, who has the right to appoint an agent for all the purposes Negligence of his application, and if he dees so the notices required by the Act may properly be sent to him through such Agent. In 1876 application was made by a foreigner, through an English Trade Mark Society, for registration of a Trade Mark. The Cutlers' Company gave notice of a similar Mark, which had been assigned by them, and the Registrar thereupon wrote to the Applicant at the Society's address to say that he could not proceed with the application until the applicant had obtained the leave of the Court. This letter was never communicated by the Society, who pro- ceeded no further with the application ; but the appplicant having seen the advertisement of his application in the Trade Marks Journal, believed that his Mark had been registered, and an Agent of his sold goods of his marked with his Mark. In 1877 an English firm registered a Mark resembling the Cutlers' Mark, and in 1883 brought an action against the foreigner to restrain him from infringe- ment, and he, finding his Mark was not on the register, then made a fresh application for registration. The Court held that the foreign Trade Mark owner was in default, and that his original application must be deemed to have been "abandoned" within the meaning of Sect. 03 * Goodfellow r. Prince, C. A 122 NOTES OF LEGAL DECISIONS. Fancy Word. Geogi'aphi- ctl term " Aljjine. " Fancy Words. Geographi- cal terms, " Melrose." " Electric. of the Act of 1883, and could not now be proceeded with, but that he, being under no disability from laches or conduct, was not barred either by Sect. 3 of the Act of 1875 or by Sect. 76 of the Act of 1883, and was entitled to make a fresh application for registration.* The word " Alpine," and words of such class, although words in common use and not strictly fancy words, may, when applied to articles such as woollen and cotton goods, be registered as a Trade Mark, as they are, if not " fancy words," at least fanciful words when applied to such goods, and so fall within Sect. 64, Sub-sect. 1 (c), of the Patents, Designs, and Trade Marks Act, 188 3.t This case, however, was decided by a Court of first instance ; those which follow by the Court of Appeal. The fanciful or abnormal use of a word not in itself obviously non-descriptive, does not make it a " fancy word " within the Patents, Designs and Trade Marks Act, 1883, Sect. 64, Sub-sect. 1 (c), so as to be capable of registration as a Trade Mark. And in order to obtain registration of a word as having become " distinctive " within Sect. 64, Sub-sect. 3, by user or recognition in the trade, such user or recognition must have been prior to August, 1875. Accordingly, applications for a direction to the Comptroller- General to proceed with the registration, as Trade Marks, of the words " Melrose Favorite Hair Eestorer " and " Electric Velveteen," the use of which by the Applicants would, independently of the Act, by user and recognition in the * Jackson & Co. v. Napper. In re Schmidt's Trade Mark. t In re Trade Mark " Alpine," 29 Ch. D. 877. NOTES OF LEGAL DECISIONS. 123 trade since August, 1875, have been entitled to protection, costs. were refused.* * In re Van Duzer's Trade Mark. In re Leaf, Sons & Co.'s Trade Mark, C. A., 623. In re Trade Mark " Alpine," 29 Ch. D. 877, questioned : — Lord Justice Cotton, in delivering judgment, said there was much common to both cases, and he would first make some remarks applic- able to both. A good deal had been said as to the intention of the Trade Marks Acts of 1875 and 1883, but the Court had really to construe a particular clause in the late Act, though, of course, with the assistance of other clauses. The object of the Acts was to benefit traders by making it unnecessary to go into evidence in a proceeding to protect a Trade Mark if the mark was registered, and also to furnish the public with the knowledge of what marks were entitled to protection. It was a further aim of the Acts to cut down the loose forms by which traders had tried to protect themselves and to oblige them to keep their marks within prescribed limits. However, what the Court had to consider was whether the words used in the two cases were within paragraph c, sub-section 1, of section 64 of the Patents, Designs and Trade Marks Act, 1883. Were the words within the description — " A distinctive device, brand, heading, label, ticket, or fancy word or words not in common use." In both cases there was evidence that the word had been used for a considerable time, and that traders had recognised it as indicating the maker of the goods for which it was used ; so that if there had been no Act the users of the words could have made out a case for protection. But that was not pertinent. The Court had really to say whether the words came within the terms of the Act. The respondents urged that the words had come by user to be recognised as fancy words. But that would mean recognised as Trade Marks, and that case was expressly excluded by the Act. There was evidence that the words had come to be considered as fancy words in trade, but the remark of Sir Horace Davey in his reply was the answer to that, the real question being whether the words had lost their primary meaning. Cases had been referred to where the Court before the Act had pro- tected traders from having goods passed ofT as theirs by others, and it 124 NOTES OF LEGAL DECISIONS. The decision just referred to was cited in the case raising the question of the right to register as a Trade Mark the was said that in those cases certain words were recognised as fancy words and that the Court should act upon the analogy so suggested. That was an erroneous contention. It was not necessary in those cases that the words should be fancy words in order to get protection. The principle was that if the words had come to denote the goods of a particular person the Court would restrain user in such a way as to deceive, but not on the ground that the words were fancy words. The expressions of certain learned Judges in using tlie term '' fancy words," were also relied on. The term had often been applied with reference to defendants who had employed a word used by plaintiffs, not a word used at the place of manufacture, nor a descriptive. In those cases the defendants' object was to represent their goods as those of the plaintiffs'. Those, too, were not cases with reference to tlie statutes and were no guide in the present case. As to the " Strath- more " whiskey case, Mr. Justice Xay seemed to have said that the word could be registered alone, and from that view the Lord Justice entirely dissented. It was essentially a word which could not be registered. Possibly there were many Strathmores, but there was one very well known near Glenlivat, and the use of the word was calculated to deceive. In the case before Mr. Justice Kay, the Trade Mark of each party included a barrel and a Highlander enjoying the whisky, and the word " Strathmore " was prominent. It was proved that the defen- dant's whiskey was not made in Strathmore and he had adopted it merely to deceive. With regard to another case which had been referred to, the Lord Justice said he was there dealing with the ques- tion whether the defendant had taken the identical mark used by the plaintiff. That was with reference to some remarks which had been made by Sir G. Jessel as to registration of marks not exactly identical. There the plaintiff's mark was registered, and the real question was whether the defendant had tried to pass off his goods as those of the plaintiff. After those general observations, his Lordship would deal separately with the "Melrose" case and the "Electric" case. As to the "Melrose'' case, it could not be said that no geographical term could be a fancy word as applied to a particular article, bat it would be NOTES OF LEGAL DECISIONS. 125 word " Jubilee ; " the latter, in fact, having stood over wrong to allow the registration of " Melrose " in the case in question. A fancy word must be one which was obviously not intended to be descriptive — to have reference to a place or to the character of the article to which it was applied. The Court was differing from Yice- Chancellor Bacon and from other Judges, but it was the duty of the Court to act on its own judgment. In the case of the "Alpine" embroidery (29 Ch. D. 877), his Lordship thought he sliould have come to a diflercnt decision from that of Mr. Justice Chitty. There was an article of embroidery made in Switzerland, if not precisely in the Alps, and his Lordship would have thought the word "Alpine " calculated to indicate the place where the work was made. As to the word " Electric," could it be said to be a fancy word when applied to velveteen .'' It was a word of description. It was not necessary for a fancy word to be a word not in the dictionaries, but the fanciful use of a word descriptive iu itself did not make it a fancy word. It was not enough to use the word inappropriately. It was quite possible there might be differences of opinion as to the meaning of the word applied as it was, but that did not affect the principle. With regard to the case of the " Grem " gun, it must be observed that " Electric " was an adjective and that ' ' Gem " was not, but his Lordship doubted whether he should have decided the case as it was decided. Both the appeals must be allowed. Lord Justice Lindley, who was of the same opinion, added that the Court must take care not to make the Act too burdensome to people who were not registered, while giving the benefit to those who were. The term "fancy word" had been introduced into the Act of 1883 on account of ''Ex parte Stephens" (3 Ch. D. 659), where it was found impossible to register the fancy word " Aeilyton." Lord Justice Lopes, in expressing his concurrence, said that the question whether a word was a fancy word could not be left to be decided by evidence ; it must speak for itself. Sir H. Davey asked for costs in both Courts. Mr. Aston said that if such words had been refused by the Comp- troller at once he would not have disputed the demand for costs. But 80 or 100 cases similar to the present had been registered when 126 NOTES OF LEGAL DECISIONS. pending the result of the appeal in connection with the " Melrose " and " Electric " Trade Marks.* the objection was raised to the registration of the words in question. The respondents had been misled by the Comptroller. The office was paid by fees received for registration, and the case was not one therefore which affected the public purse. Sir H. Davey said that it was the rule that even a successful applicant for registration paid the costs of opposition by the Comp- troller, though the Vice-Chancellor had in the particular cases in his discretion refused to order the applicants to pay costs. The Court decided that, as the cases were test cases, they would order no costs of the Comptroller in either Court to be paid by the respondents, but the decision must be considered exceptional, and not upsetting the ordinary practice. — Times, January 29, 1887- * Towgood V. Pirie, T. 356. This case being one of such great public interest and importance, it is thought well to append a some- what full report of the proceedings : — The jjlaintiffs applied for an injunction to restrain the defendants from applying, by water-mark or otherwise, to any paper not of the plaintiffs' manufacture, the plaintiffs' registered mark " The Jubilee Note," or the title " The Jubilee Accession Note," or any other mark or title so nearly representing the plaintiffs' registered trade mark as to lead to the belief that the paper of the defendants was that of the plaintiffs' manufacture, and from doing any act or thing calculated to lead to the belief that paper not of the plaintiffs' manufacture was " Jubilee " paper. The defendants, it appeared, were selling paper under the title of " The Jubilee Accession Note," and they also made an application to the Court for an order to strike the plaintiff's' mark, " Jubilee Note," off the register of trade marks, on the ground that it was not a mark properly registrable, under the Patents, &c., Act, 1883, section 64, as " a fancy word or words not in common use." The plaintiffs had registered their mark in 1885. It was stated that there were a very large number of applications to register the word " Jubilee " as a trade mark in connection with all sorts of articles. The Court of Appeal, on January 28 last, reversed the decisions of Vice-Chancellor Bacon, and held that " Mekose" was not registrable iXOTES OF LEGAL DECISIONS. 127 A 5-pecial aud distinctive word used in the definition of a Trade Mark in Sect. 10 of the Trade Marks Registration Act, 1875, means a word which distinguishes the goods to which it is attached as goods made or sold by the owner of the Mark ; and by using some additional words so as lo induce the general public, as distinguished from persons in under section 64 of the Act of 1883 as a mark when used in connection with "Favourite Hair Restorer," nor" Electric" when used with " Velvet " or " Yelveteens" as a mark for cotton goods. During the hearing of the present ease doubts were raised as to the propositions laid down by the Judges in the Court of Appeal, and it being stated that the Court of Appeal had based its decision on a proposition that, to enable registration of a fancy word, such word must be obviously meaningless as applied to the article in question. Mr. Aston, Q.C., and Mr. Sebastian, for the plaintiffs, submitted that the word " Jubilee " was, when standing alone, a meaningless word ; and further, that its application as a name for notepaper was meaningless, and that ".Jubilee " being a word that was not intelli- gible by itself, unless joined with an epoch or recurring period, was when joined with notepaper a fanciful combination of words so as to be outside the ruling of the Court of Appeal. Mr. Komer, Q.C., and Mr. Carpmael appeared for the defendants. Mr. Justice Chitty said that although he had not read the judge- ments delivered in the Court of Appeal with careful inspection, yet he felt that he was able to state that the Court of Appeal had held that words to be registrable as fancy words must be obviously meaningless as regards the particular goods to which they were sought to be applied. The word " Jubilee " was not obviously meaningless as regarded paper or notepaper, because it might possibly signify that the paper was for use in the JubUee year. Moreover, the word "Jubilee" was used by many English writers, including Chaucer, Dryden, Sir Walter Scott, lic. It was therefore a common English word. He held that the word "Jubilee" could not be registered as a trade mark for paper. 128 NOTES OF LEGAL DECISIONS. the secrets of the particular trade who would not be deceived, to believe that goods so marked are of foreign brand and manufacture, the inventor of the original word is precluded from saying that such word is distinctive of his own manufacture, so as to be capable of registration as his Trade Mark. In 1876, the word "Econ," which had been used since 1869, and become known in the trade as denoting the cigarettes of a certain manufacturer, was registered as a Trade Mark. The manufacturer in question had been in the habit of selling and supplying, for the purposes of sale, " Eton " cigarettes in boxes so labelled (in conformity with an alleged custom in the trade) as to imply that such cigarettes were manufactured at St. Petersburg by a Russian firm. The Court of Appeal, reversing a decision of Mr. Justice Pearson, held that by so acting in connection with the word "Eton," as to suggest to persons not in the trade that the cigarettes were not of his own making, the manufacturer had destroyed the value of the word, as " special and distinctive " within Sect. 10 of the Trade Marks Registration Act, 1875, and accordingly that at the time of registration it had ceased to be his special and distinctive Mark and capable of registration. And as five years on the register would not imply an in- defeasible title in the case of a Mark which, from not properly constituting a Trade Mark within the mean- ing of the Act, ought not in the first place to have been registered, an aedon to restrain an infringement of the Mark was dismissed, and rectification of the NOTES OF LEGAL DECISIONS. 129 register by removing it ordered upon the application of the defendant.* A firm of forwarding agents in London received from Forged correspondents abroad several boxes of cigars bearing forged brands, which were to be delivered to several persons in England. Oa application by the makers whose brand had been forged, the agents gave information as to the Agent, consignors, and offered either to send back the cigars or to costs. erase the brands. On a Bill for an injunction, filed by the makers whose brands had been forged, it was held (affirming a decree of the Master of the Rolls) that the fact of the agents being merely carriers was no defence to the suit ; but that as they had given sufficient information and offered to erase the brands, they would not be called upon to pay costs. f A manufacturer who has produced an article of merchan- piracy. dise \_e.g., a new pattern of cloth], applied to it a particular fancy name, and sold it with a particular Mark under which Name of , ,r 1 • 1 • i Manufac- name and Mark it has obtained currencv in the market, tured Article. acquires an exclusive right to the use of such name and mark, and is entitled to restrain all other persons from using the same to denote articles similar in kind and inferior " Manufao- appearanoe, although he may have no exclusive right of '^'"■®- manufacturing the article. If the use of such name and Mark by any other person than the first inventor has been injury to adopted for the purpose of selling goods of an inferior inventor. * In re Wood's Trade Mark, and Wood i'. Lambert & Butler, C. A. 247. t Upman r. Elkan, 12 Eq. 140, 7 Cli. 130. K 130 NOTES OF LEGAL DECISIONS. article, though of similar external appearance, so that purchasers may be misled into the belief that they are buying the goods of the first inventor, tha injury to the first inventor is one for which he is entitled to compensa- tion in damages and relief by injunction.* Shippers' An actiou will lie against shipowners who have shipped discover goods bearing counterfeit Trade Marks for discovery of the Consignor, name of the consignor from whom the goods were received.f Telegraphic The short address, " Street, London," was used for many Address. i -»«■ o years in sending telegrams from abroad to Messrs. Street and Co., of Cornhill. A bank, by arrangement with the Post-Office, adopted the phrase " Street, London " as a cypher address for telegrams from abroad to themselves ; and upon the question being brought before the Court it was decided that the bank could not be restrained from using such cypher address.ij: Mortgagees A mortgagee of stock-in-trade and goodwill and of the Mortgagor (claimant right to usc a name, never having used and not intending to use the name, cannot obtain an injunction to restrain persons claiming ucderthe mortgagor from using it.|| Trade Mark. The owuer of a patent for a washing machine called " The carrying on Housc Washcr," which had been exclusively manufactured business. by a licensee upon payment of a royalty, registered the term " The House Washer " as his Trade Mark a year before the expiration of the patent, and claimed the exclu- sive use of that name. The patentee had not carried on * Hirst V. Denham, 14 Eq. 542. t Orr I'. Diaper, 4 Cli. D. 92. \ X Street v. Union Bank of Spain and England, 30 Cli. D. 156. II Beazley v. Scares, 22 Ch. D. 660. NOTES OF LEGAL DECISIONS. 131 any trade connected with the manufacLure of eucii machines for a year and nine months after the patent had expired. The licensee applied to have the Trade Mark removed from Licensee, the register. The Court decided that the licensee, who had been the sole manufacturer of the machines, was a person aggrieved, and that the patentee not having been engaged in any business concerning the goods in the same class for more than a year, was not entitled to retain his Trade Mark ; moreover, that the name of a patented article which has become known in the trade is not a fitting Trade Mark after the expiration of the patent, since its recognition as snch would have the effect of extending the patent beyond the legal limit. '■= A term which, by judicial decision, has become open to Xame, the trade as the proper description of an article made in and Portrait , of Baron accordance with the recipe of an onginal inventor, and is Liebig. therefore public property, cannot be registered as a Trade Mark either alone or in combination with a portrait of the original inventor ; and such portrait was not considered a sufficiently " distinctive device " within the Trade Marks Registration Act, 1875, s. 10, as to be capable of registration thereunder as a Trade Mark.f A trader who has been a manager or partner in a firm of Dissoiuti.n established reputation, has a right, on setting up an in- "hip.*' "^' dependent business, to state to the public that he has been with that firm ; but he must take care not to do so in a way ^^me of •' l-iini. * In re Ralph's Trade Mai'k.— Kalph v. Taylor, 25 Ch. D. 194. t In re Anderson's Trade Mark, 26 Ch. D. 409. 132 NOTES OF LEGAL DECISIONS. calculated to lead the public to believe that he is carrying on the business of the old firm, or is in any way connected therewith. An old-established tailor took his foreman into partnership, and the business was carried on under the joint names of H. and P. The partnership was subsequently dissolved by a decree of the court, in which it was declared that the business therein should belong to the person first mentioned above, who accordingly continued the business under the name of H. and Co. The retiring partner commenced business only a few doors off and painted over his door the words P., from H. and P. The court (affirming a decision of Yice-Chancellor Malins) decided that, having regard to the manner in which the names were displayed, the defendant had done that which was calculated to lead the public to suppose that he was still connected with the old firm, and that therefore the plaintiff was entitled to an injanction.* Similarity. A trader is not permitted to adopt a Trade Mark so resembling that of some other trader that persons purchasing with ordinary caution are likely to be misled, though they would not be so if they saw the two marks side by side. Nor is a trader, with even some claim to his mark or name, allowed to adopt a mark which will cause his goods to bear the same name in the market as those of a rival. f Trade Mark A firm of watchmakcrs, who for many years had been in of Foreign the habit of using the name " Tod," in Arabic characters, Characters. as a Trade Mark for watches sent to a particular firm m the east, applied to have it registered as a Trade Mark. The * Hookham r. Pottage, 8 Ch. 91. t Seixo V. Provezende, 1 Ch. 192. NOTES OF LEGAL DECISIONS. 133 Registrar, by the direction of the Commissioners of Patents, refused to register it. Tiie court (affirming the decision of Vice-Chancellor Bacon) held that the Mark ought to be registered. * One Lyndon, a manufacturer, had used from the year similarity. 1864, in respect of goods included in Class 13, a Trade variation of > r xi Sheffield Mark consisting of the head of Minerva, down to and **'^'"''- including the shoulders, the head bearing a helmet, with ringlets hanging down behind. In 1884, being about to extend his business to Class 12, he applied to register for that class the same head, with the word " Athena " under it. This application was opposed by B., who had used from 1869 a Cutlers' Mark consisting of a head with the word " way " under it. The head had a sort of wig upon it, with small curls behind, and included the neck and part of the shoulders. In 1884 B. registered this Mark under the Act of 1883 as an old Shetfield Mark, but the design actually registered departed from the old Mark which he used, the head on the register being an uncovered head with a few sparse hairs upon it, and taking in only a small portion of the neck, and no part of the shoulders. The Court of Appeal (reversing a decision of Mr. Justice Pearson) held that the question whether a new Mark is so like another as to be calculated to deceive, and that it could not be registered is to be decided by considering whether the new Mark is so like the other that when both are fairly used one is likely to be mistaken for the other, regard being had to size, the material upon which the Mark is to be * In re Rotherham's Trade Mark, 11 Ch. D. 250. [14 Ch. D. 585.] 134 NOTES OF LEGAL DECISIONS. impressed, the effects of wear and tear, and other surround- ing circumstances ; that L.'s Mark was to be compared with the Mark B. had put on the register, not with the Mark which he had used ; and that B., whose evidence was directed to a comparison between L.'s Mark and the Mark which B. had used, which was much more Hke L.'s Mark than B.'s registered Mark was, had not made out that the new Mark was calculated to deceive.* wordl'^'^'"' Registration having been effected of the word " Valvoline," " vaK°v"^" ill conjunction with a device for lubricating oil, an applica- ''^""^' tion was subsequently made for registration of the word " Valvoleum," in combination with a different device. The second application havinsr been opposed, the matter came before the Master of the Rolls (Sir George Jessel), who held that when one person had registered, under the Trade Marks Registration Act, 1875, a Trade Mark consisting of a dis- tinctive device, together with a word descriptive of the article to which the Mark is to be applied, another person is entitled, notwithstanding such previous registration, to register in respect of the same goods a Trade Mark consist- ing of a different distinctive device, together with a descriptive word, such word being identical with, or similar to, the word comprised in the already registered Trade Mark.f Words On December 28th, 1883, application was made for the common • ' rr "■ tothe trade. j,ggigfration of a label containing the words "Hudson's Carbolic Acid Soap Powder," and which had not been * In re Lyndon's Trade Mark. [C. A. 109.] t In re Horsburgh and Co.'s application, 55 L. J., Rep. Clianc. 237. NOTES OF LEGAL DECISIONS. 135 previously used. The question having beea raised as to whether the words " Carbolic Acid Soap Powder," which were merely descriptive and common to the trade, should not be disclaimed as a condition of registration, it was decided that no such disclaimer could be enforced, the label being a distinctive label, capable of registration under the Act of 1875, and not affected by Sect. 74 of the Act of 1883, which was not in force at the time of the making of the application, but that only the label as a whole could be claimed as a Trade Mark, and that no right to the exclusive use of the common words could be acquired, however long the user of them might be." A firm, carrying on business in New York, instructed Assignment their agents in this country to register two Trade Marks for certain goods of theirs of which the agents had the exclu- sive sale. One of the Marks wa? registered in the name of the agent's firm, and the other in the name of one of the partners in that firm. The agents, not being beneficial owners of the Marks, assigned them to another firm. One Entry on ■ , Register. of the partners in the principal firm subsequently retired, and assigned all his interest in the business and in the Marks to the existing partners. At a still later date another partner retired, and three new members joined the firm. The retiring partner, however, did not execute any assign- ment. An application being made by the existing members of the principal firm and such last retiring partner, that proper notices of the respective assignments and of the right of the persons entitled under the last-mentioned * In re Hudson's Trade Marks, C. A. 311. 136 NOTES OF LEGAL DECISIONS. Improper Registra- tion. Common Mark. Di.stinctive Mark " Dome Black Lead assignment as proptietors of the Trade Marks might be entered on the Register, the court acquiesced, the Marks having been transmitted in connection with the goodwill of the business.* An application having been made to remove from the register a Trade Mark which had been registered as an old Mark with a user of upwards of forty years, it appeared that for the greater part of the time mentioned the Mark had been common to the trade, and that for about six years had been so to the knowledge of the firm by whom it was registered. The applicants, who had long used the same Trade Mark, were not aware of the advertisement thereof in the OflHcial Journal, and had not opposed the registra- tion. The court decided that the Mark must be removed from the register ; that there had been no negligence on the part of the applicants ; and that the respondents must pay the cost?.t In 1861, a firm at Plymouth registered at Stationers' Hall a design for the shape of blocks of black lead, viz., a cylinder, terminated at one end by a dome. From that time they sold black lead in boxes upon which a black dome was impressed, and upon each block of black lead imprinted a dome. This they did without regard to the shape of the blocks sold by them, and there was evidence that the term " Dome Black Lead " had become known in the trade as denoting black lead of the plaintiffs' manu- * In re Welcome's Trade Mark and in re Burroughs, Welcome and Co.'s Trade Mark. t In re Hjde ani Co.'s Trade Mark (Bank of England Sealing Wax), 7 Ch. D. 724. NOTES OF LEGAL DECLSIONS. 137 factnre. Iq 1877 they registered, under the Trade Marks Eegistration Act, 1875, a black dome as their Trade Mark for black lead. An action to restrain infringement of their Trade Mark having been brought by them, the defendants applied to have the Mark expunged from the register, and Mr. Justice Pearson, before whom the matter waa brought, ordered it to be so expunged, on the ground that it was only a representation of the thing sold, which thing every- body was at liberty to make, and, therefore, was not a good Trade Mark. The Court of Appeal, however, held that there was no reason why a Dome should not be a distinctive Mark for black lead, that the evidence showed it to be in fact distinctive, that it was, therefore, capable of registration as a Trade Mark, and that the decision of Mr. Justice Pearson must be reversed.* In 1876, the Anglo-Swiss Condensed Milk Company similarity. , r J Rectifica- registered a Trade Mark consisting of the representation of ^o". "^ a Milk or Dairy maid, and their goods became known as bearing the " Milkmaid " or " Dairymaid " brand. This Mark was used in connection with condensed milk and other articles specified by them. In 1883, another trader registered a Mark for " butterine and other fatty substances used as food or as ingredients in food." This Mark did not resemble that of the plaintiffs, but was comprised in part of the word " Dairymaid." The Court decided that the registration of the defendant's Mark must be rectified by the addition to the Register of words indicating that condensed milk, and the other * In re James's Trade Mark ; James v. Soulbv, C. A. 392, 1886. 138 NOTES OF LEGAL DECISIONS. articles specified by the plaintiffs in their registration, were not covered by that of the defendant. An injunction was also granted on the ground that the defendant had actually sold condensed milk under the Trade Mark objected to * In November, 1883, Messrs. H. F. Ihlee and W. C. Home, trading as Ihlee and Home, registered a Trade Mark for a musical instrument as the exclusive property of the firm. Registra- In 1884 the partnership was dissolved, and Home's share signment ' in the assets and goodwill were assigned by him to Ihlee. not a condi- . , . . , tion prece- Jn February, 1884, Ihlee entered into partnership with one ricrht to sue. Saukey (the Trade Mark becoming pare of the partnership assets), and in July of that year their names were entered in the Register of Trade Marks as proprietors thereof. In Jane, 1884, the new firm brought an action against two persons named Henshaw, to restrain the use by them of a similar Trade Mark. On the part of the defendants it was contended that action had been brought before due registra- tion of the change of ownership ; that no proceedings could be taken by the existing firm of Ihlee and Sankey ; but that any action must be in the names of the registered proprietors, Ihlee and Home. Mr. Justice North, however, held that registration of the assignment was not a condition prece- dent to the right to sue.t Person not An arrangement was entered into between an exporter of carrying on _ ^ brandy in France and a firm in India, under which brandy * Anglo-Swiss Condensed Milk Company v. Metcalf ; in re Metcalf s Trade Mark, 31 Ch. D. 454. t Ihlee V. Henshaw, 31 Ch. D. 323. NOTES OF LEGAL DECISIONS. 139 was to be supplied by the former to the latter for sale there ^'f '•^^^j^^S under a certain Trade Mark. This Mark was subsequently Kingdom, registered in England. The firm in India applied for rectification of the register by striking out the name of the exporting firm and substituting their own as owners of the Mark, alleging that they really were the owners and had instructed the exporting firm to register it in their name. Mr. Justice Pearson, before whom the case was heard in the first instance, was of opinion that, as neither of the parties either used or intended to use the Mark in England, they were not entitled to register it in th's country ; could not be persons aggrieved within the meaning of the Act of 1875 ; and that the application must be refused without entering into the merits of their respective rights in the Mark. The Court of Appeal, however, held that, assuming that the firm in India had no right to register the Mark in England, it did not follow as a necessary consequence that they could not be aggrieved by its beins: registered here in the name of another, and that the ca'^e must be dealt with on its merits.* An application having been made for registration of a ^^^^^^j^j^j^ certain Mark, such registration was refused by the Comp- Court. troller. The applicant having invoked the action of the Court, it was decided, upon appeal (confirming a previous decision in the case by Mr. Justice Chitty) that if the Comptroller refuses to register a Trade Mark, and the *In re Riviere's Trade Mark, 26 Ch. D. 48. The application for the rectification was subsequently refused upon the facts. W. N. , 1884, p. 75. Variation. 140 NOTES OF LEGAL DECISIONS. applicant appeals to the Court, the latter cannot deal with his application unless he has first appealed to the Board of Trade against the Comptroller's decision, and the Board has refused leave to appeal to the Court. An applicant in such a case is not to be considered as " a pei-son aggrieved " wifhin the meaning of sect. 90 of the Patents, Designs and Trade Marks Act, 1883, so as to give him a right of appeal to the Court direct.* CoiouraWe "^^^^ plaintiffs registered a Trade Mark for worsted goods described as " a white selvage on each side of the piece, having a red and white mottled thread interwoven the full length of the selvage between the edge of the piece and the edge of the selvage," and deposited a specimen at the Patent Office Museum. The specimen so deposited was undyed, and the selvage was white, the warp being white cotton and the woof white mohair, and nearly in the middle of the selvage was a compound warp thread composed of a thread of white cotton and a thread of Turkey red cotton twisted together. When the goods were dyed black ihe cotton threads took the dye imperfectly, so that the warp threads in the selvage became grey while the woof became black, so as to make the selvage dark grey with a dark red mottled line running along it. The defendants sold black mohair goods, with a dark grey selvage of nearly the same shade as that of the plaintiffs, with a twisted thread running along its inner edge, which thread was originally white, red and yellow, but in the course of dyeing the white became dark grey *In re "Normal" Trade Mark, 35 Ch. D. 231. NOTES OF LEGAL DECISIONS. 1-41 and the yellow a dark olive which could hardly be dis- tinguished. The plaintifts sought to restrain the sale of these goods as an infringement and moved for an in- junction. There was evidence that the selvage, though not actually white, was what was known in the trade as a white selvage. The Master of the Rolls (Sir George Jessel) held that, as the plaintiffs' selvage was not white and the mottled thread of the defendants was different and in a different position from that of the plaintiffs, there was no infringement, and that an injunction must be refused. The Court of Appeal decided that the principles according to which the Court acts in preventing a manufacturer from passing off his goods as those of another were not altered by the Trade Marks Registration Act, 1875, and that the question could not be disposed of by simple inspection of the patterns without considering whether the selvage was not, according to the understanding of the trade, a white selvage, atd if it was, then whether the differences in quality and position of the defendants' mottled thread were sufficient to distinguish the defendants' goods from those of the plaintiffs., so as to prevent purchasers from being misled, and that, as there was a conflict of evidence on these points, the motion must stand over till the trials, the defendants undertaking to keep an account.* In order to constitute a ground for interference by a Court imitation, of Equity to protect a manufacturer against the use, by 'Variation, another person, of the particular name of his manufactured * Mitchell V. Henry, 15 Ch. D. 181. 142 NOTES OF LEGAL DECISIONS. Fraudulent article, it is not necessary that there should be a raala mens (fraudulent intention) towards the first purchaser of the article thus imitatively designated. The fault of the imitator Word is that the first purchaser may be enabled, through this field." unwarranted designation, to retail a simulated article at a lower price than would be demanded for the original article, and so the original manufacturer may be injured. Where a Trade Mark is not actually copied, the existence of a fraudulent intention is a necessary element in the con- sideration of a case of this description. The party complained of must be proved to have done the act with the fraudulent design of passing off his own goods as those of the plaintiff. It is not necessary, however, to show an exact resemblance between the original and the counterfeit ; it is safficient if there is such a resemblance as will mislead an unwary purchaser.* A business, having a considerable reputation, had been carried on for some years at No. '2'2, Pall MaU, under the style of " The Guinea Coal Company." Fii-mXames In March, 1869, the manager set up a rival business in Coal Coy." Bcaufort Buildings, Strand, under the name of " The Pall "Pall MaU ° ' Guinea Coal Mall Guiuea Coal Company," and at the end of August Colourable rcmoved to Xo." 46, Pall Mall. On the 24th of November Variation. • ' ^'pSnt/if ^^^^ proprietors of " The Guinea Coal Company," finding ^®'*^- that many persons had been misled into giving orders to New Firm. ^^^ uew film in thc belief that such concern was really theirs, filed a Bill to restrain their former manager from trading under the above style or any other colourable imiia- * Wotherspoon v. Currie, 5 H. L. 508. NOTES OF LEGAL DECISIONS. 143 tion thereof. Amorm; other grounds of defence, it was al- leged that the plaintiff's had systematically sold short weight, and that they had no exclusive right to the name " Guinea Coal Company," which was used by various other establish- ments about London. An injunction restraining the defendant from using the name " The Pall Mall Guinea Coal Company " in Pall Mall was granted. The defendant having appealed against such decision, it was decided that although the plaintiff's had not an exclusive right to the name, the injunction bad been properly granted, as the defendant had no right to use the name in such a way as to lead persons i o believe that his business was identical with that of the plaintiff's, and that there was thus no objection to the restricting of the injunction to the use of the name in a particular place, as its tendency to deceive depended greatly on the place where it was used. It was also held that there had been no such delay as would deprive the plaintiff's of their right to an injunction on interlocutory application, for in any such case a plaintiff is not bound to come to ihe Court until he has had time to procure evidence that persons have been actually misled by the acts complained of, and that the delay, even if unexplained, would not have prejudiced the plaintiffs' case, the injunction asked for being of such a nature that the defendant could not be injured by the delay in the application for it. If it had been proved that the plaintiff's syetematically sold short weight, their application for an injunction would not have been granted. =■' In a Trade Mark case the fact that one person has been Name of ^ Shop. Lee V. Haley, 5 Ch. 155. 144 NOTES OF LEGAL DECISIONS. Neigiibour- deceived is not conclusive as to the misrepresentation. A ing Shop. Evidence of tradesman mav use a name although aware that a neigh- Deception. j ^ <-> bouring tradesman intends to use it. A bootmaker, having a shop partly in Bedford Street, with the front and entrance to the Strand, wrote up over his shop the words'' Civil Ser- vice Boot Supply." The Civil Service Supply Association were at that time building a large store at the other end of Bedford Street, in which, when finished, they opened a general shop, and they afterwards opened a boot and shoe shop in Tavistock Street, which was not far off. One of the customers of the Association had gone to the bootmaker's shop, mistaking it for that of the Association. The Associa- tion brought an action to restrain the bootmaker from using the words " Civil Service Boot Supply." The Court, in dismissing the action, held that under the circumstances there appeared to be no intention en the part of the boot- maker to deceive, and that no rational person would have been deceived by the words so used.* Name of The owucr of a shop for the sale of carriages, called Neighboui- " The Carriage Bazaar," applied for an injunction against ing street. to ' rr J a Dlce'^tiwi"^ a person who had &et up a shop for carriages in the same street, which he called " The New Carriage Bazaar," and which was granted. f Name of A manufacturer produced and sold a fluid under the Place. ^ fi/'ud- Col- jiame qI "Aromatic Bitters," and described it by that lateral Mis- ' •' ItFon^^b*^ name upon his bottle wrappers. In the market, however, plaintiff. ^^ bccamc generally known by the name of " Angostura * Civil Service Supply Association v. Dean, 13 Ch. D. 512. t Boulnoia v. Peake, 13 Ch. D. 513. iXOTES OF LEGAL DECISIOXS. 145 Bitters," having been originally manufactured in Venezuela, at the town of Angostura, the name of which was afterwards, by a State decree, changed to Ciudad Bolivar. Subsequently thereto the defendant began to manufacture in the same town a different fluid, at tirst sold by him under the name of "Aromatic Bitterp." Having, however, been restrained in an English Colony from using that term, he adopted another similar one, viz , " Angostura Bitters," which he caused to be placed upon his bottle wrappers. This term was also registered by him at Stationers' Hall. The defendant's wrappers closely resembled the plaintift''s, but contained a statement to the effect that the fluid was prepared by the defendant. At a later date the plaintiff adopted the name "Angostura Bitters " and placed it upon his wrappers, and brought an action against the defendant, claiming an injunction to restrain him from imitating his wrappers and from using the name "xlngostura Bitters." At the time when the action was brought the plaintiff had ceased to carry on his manufacture at Ciudad Bolivar. Upon the evidence the Court held tl.at the defendant had been guilty of an attempt to deceive, and that, though he could not be restrained from using the name "Angostura Bitters," in case he should ever discover the plaintiff's secret and manufacture the same fluid, yet he must be restrained from using the name so as to deceive the public into the belief that the fluid was the same as the plaintiff's. The defendant alleged that the plaintiff was disentitled to relief, because at the time of the trial he was using wrappers which contained a misrepresentation. The plaintiff did not begin to use those wrappers until after L 146 NOTES OF LEGAL DECISIONS. the actioQ had been brought. It was further held that there was, in fact, no misrepresentation in the wrappers in question, but that even if there had been, a misrepresentation not made till after the commencement of the action would not have affected the plaintiff's title to relief.* Name of AH the colUeries in a parish in Somersetshire, together tation. ^ith all the coal therein, with a small exception, were in Fraud. Evidence of t,he owucrship of a certain lady, who carried on and worked Deception, * the collieries and sold the coal in her own name, adding thereto on her waggons and billheads the following : — " R. Collieries." From the year 18G8, the business of coal merchants was carried on at R. by the defendants as the "R. Coal Coy.," with depots at various railway stations in the south and west of England, at which different kinds of coal were sold by them. In 1876, the defendants became lessees of and worked a colliery outside the parish of R., but in a district or basin in which coal was raised similar to that raised within the parish. Coal so raised in the district, but outside the parish, was known in the market as R. coal. In 1873, the defendants began to sell coal at a place in Surrey by means of a local agent, and in 1875 they bought the goodwill of C, a retail coal dealer, who had traded there and become bankrupt. They then advertised themselves in the Surrey newspapers and otherwise in the neighourhood as " The R. Colliery Proprietors and Factors, Coal and Coke Merchants (late C, & Co.)/' and offered to supply coal of every description direct from the collieries. The Court. held that the defendants were not entitled to use the * Siegert v. Findlater, 7 Ch, D, 801. NOTES OF LEGAL DECLSIONS. 147 name "The R. Collieries Proprietors " unless and until they should acquire a colliery within the parish of R., or to use any style implying that their coal came from that parish, unless and until they should become authorised to sell coals raised from a colliery there ; also that the acts of the defendants, being calculated to induce purchasers to believe that they were selling the plaintiff's coal, it was not necessary for the plaintiff to prove any instance of actual deception or any actual damage. ••' Any person who, without using unfair means, has become secret Pn.- ■_ paration. acquainted with the mode of compounding a secret un- use ef ^ r o Name of patented preparation, may, after the death of the original ^dv°rr"^' discoverer, make and sell the compound, describing it by Ifg^]***^ the name of the discoverer, provided he does not lead the genuine.' public to suppose that his preparation is the manufacture of the successors in business of the original discoverer but he must not assert that his is the only genuine article, or suggest that the article manufactured by the successors of the original discoverer is spurious. t For many years an article called "Thorley's Food for secret Pro- •' •' •' cess of Cattle " was manufactured according to a recipe communi- wanufac- cated to and extensively sold by one Joseph Thorley, and ^/^ht not known to the public down to his death, he being the only person who made it. The business was continued by Thorley's executors. Shortly after the death of the original owner a company was formed by other persons under the name of "J. W. Thorley's Cattle Food Coy.," in which to use amc. » Braham v. Beachim, 7 Ch. D. 848. \ James v. James, 13 Eq. 421, 148 NOTES OF LEGAL DECISIONS. J. W. Thorley, a brother of Joseph Thorley, took an insignificant share. J. W. Thorley had been employed by Joseph Thorley, knew the secret of the manufacture, and was employed by the company to conduct its business. The company sold the same article under the name of " Thorley's Food for Cattle." The Court of Appeal (re- versing a decision of Malins, V.C.) held that the company were not at liberty to use the name " Thorley's Food for Cattle," unless they took such precautions as would prevent purchasers from supposing that the article sold by them was manufactured at the original establishment of Josepli Thorley.* LeUers'^^^ An appHcation was made for an order upon the Comptroller pfrm^ Fancy 0^ Trade Marks to register a label having the words " Price's iu^cummo^n Patent Candle Coy.'Mu common letters round the upper border caiLabli! ^ and "National Sperm" in the centre, with the address of oomp- the company round the lower border. The Comptroller troUer. ^ "^ '^ Sanction of refused to register the label on the ground that there was Court. ° ° Kefiisai to another Mark, already on the register, so nearly resembling this as to be calculated to deceive, and also because it was not a distinctive label, within the terms of the Patents, Designs and Trade Marks Act, 1883. The Court held that * Massam v. J. W. Thorley's Cattle Food Coy., 6 Ch. D. 574, IJ: Ch. D. 748. The plaintifEs in this case, shortly after the deci- sion quoted, issued advertisements stating that they alone were possessed of the secret recipe, whereupon the Courtof Appeal, rever- sing a decision of Vice-Chan cellor Malins, allowed an injunction, notwithstanding the decision in another case (Prudential Co. v. Knott) in which it was held that a Court of Equity has no power to restrain the issue of a libel even if shown to be injurious, 6 Ch. D. 582, 46 L. J., Ch. 713. NOTES OF LEGAL DECISIONS. 149 the name of the firm printed in common letters not being distinctive, and the words " National Sperm " not being fancy words " not in common use," the label did not fulfil the requirements of the Act, also that the Comptroller would be justified in refusing to register a label so nearly resembling another label, already on the register, as to be calculated to deceive, until the opinion of the Court should have been obtained authorising him to do so.* Mere length of adverse user will not of itself make a r-'ngth of ° Adverse Mark, which was originally a Trade Mark, common property, ^.'^^^j^j^j^^. where such user was originally fraudulent and is still cal- ^"g™™™^^;,. culatcd to deceive, but it throws upon the trader claiming ^'^p^^f^^t^f" an exclusive right to such Mark the onus of proving such ^0°^^ original fraud and continuing misrepresentation, and the P''op"«**"^- longer the user the stronger must be the evidence. Upon this principle an application to register, under the Trade Marks Act, in combination with the name of the applicants, a foreign Trade Mark, which had been used by them and by thirty other firms in this country in combination with their own respective names, or with some device, for fifty years, was refused upon the opposition of the foreign proprietor of the Mark, who had only recently discovered such user. The owners of some ironworks at licufsta, in Sweden, had for many years used as a Trade Mark the letter L within a circle (called in the trade the Hoop L), and their iron so marked had acquired a high reputation, particularly for manufacture into blister steel. , By Swedish law all bar iron must be stamped with a duly registered Mark before it is * In re Trice's Patent Candle Cov , 27 Ch. D. 681. 150 XOTES OF LEGAL DEC/SIOXS. exported, and from the year 183-3 the Lenfsta was exported to England marked with the Hoop L. in combinadon either with the name of the English consignee, or with the word '• Lenfsta," or with both. In 1870 was registered, by the Leufeta owners, in England, as a Trade Mark, the Hoop L, both alone and in combination with the word " Lenfsta." In 1882 a firm of English steel manufacturers applied to resrister, under the Trade Marks Registration Act, the Hoop L. in combination with the words " B Coy. Warranted," and produced evidence to show that for fifty years they and thirty other firms had used the Hoop L in combination witJi a name, or with a device, upon all blister steel manufactured from Swedish iron, whether Lenfsta iron or not, cutting off from inferior iron its distinctive stamp and substituting the Hoop L. The Lsufsta owners opposed the application, and proved that this adverse user was not discovered by them until 18S1. The Court held that the Hoop L mark had not become common to the trade, and that the application now made to register it must be dismissed with costs.* Limitatioa Objectious haviug been raised by the owners of a of user. J a J registered Trade Mark to the proposed registration of another Mark, for use in connection with goods included in classes for which the first Mark was used, but no formal opposition having been lodged to the application for Eatrr of registration, an agreement was entered into between the Under. "" _ |\kiag en registered owners and the applicant that no formal opposition should be lodged ; that the applicant should use his Mark * In re Heaton's Trade Mark, 27 Ch D. 570. .VOTES OF LEGAL DECISIONS. 151 in connection only with goods actoaUy exported to certain specified countries, and that he would, in connection with the registratioD, cause a note of this restriction on the use of his Trade Mark to be entered on the register. Up©n an ex park application by the applicant, in pur- suance of this agreement, the Court directed the Comptroller to enter such a note on the register.* The entry on the register of a note that the use of two Limitation similar registered Marks in the same class is restricted by Ettry of ^ Under- an agreement between the respective owners (ihe effect of mating on '^ ^ Register. which is not stated), is irregular and contrary to the provisions of the Patents, Designs and Trade Marks Act, 1883, but a note of a mutual undertaking not to use the Marks, except in a certain manner and within specified district?, may be entered on the register.! A new Mark may be registered for some of the goods in Limitation a class, even though an old Mark of a similar kind has been s^gietra- ■= tion for part already registered for other goods in the same class, pro- Ee^-^^' vided that the goods and the trades of the proprietors are ^1^"* for "^ other Goods in same An assignee of the goodwill of a business, with the right tidleg^^I 'egistri' ;tors are \ sufficiently distinct for no confusion to take place. + An assignee of the goodwill of a business, with t to a Trade Mark, which had been registered by the assignor, "''"* under the Trade Marks Registration Act, 1875, in respect tiol^for of an entire class, but of which the articles dealt with in ^f Goods. Kve Ye=rs' such business formed part only, was not considered entitled Be^istra- * In re Keep's Trade Mark, 26 Ch. D. 187. t In re MitfLell i Ckj.'s Trade Mart. In re Hougliton i Hall- mark's Trade Mark, 28 Ch. D. 666. X In re F. Braby & Co."s jipplication- In re Shropshire Iron Company's Trade Marks, 21 Ch. D^ 223- 152 NOTES OF LEGAL DECLSIONS. tion. Ex- to the exclusive user of the Trade Mark for the entire class, elusive Title . . , i • i for entire but onlv for the particular articles in connection with which Class. Limi- ' '■ Trii-ii. "art of *" ^^ ^^^ actually used, even though the Trade Mark had been Class. on the register for five years. Sections 3 and 4 of the said Act did not confer on the first or subsequent registered proprietor of a Trade Mark, who had been on the register for five years, the absolute use of his Trade Mark as against the whole world, the intention of the sections was rather to afford him assistance in bringing an action for infringement, by dispensing with the necessity of his adducing evidence in that action of exclusive user ; and the sections were no bar to an application, under Sect. 5, to rectify the register, on the ground that the Trade Mark is improperly on the register, or should be restricted to certain goods. Also, it was not the intention of the Act that a man registering a Trade Mark for an entire class, and yet only using it for one description of goods in that class, should be able to claim for himself the exclusive right to use it for ev3ry description of goods in the class. In 1883, E. purchased and took an assignment of the goodwill of the business of an iron merchant and manu- facturer, and also of the right to a Trade Mark, consisting of a device of Neptune holding a trident, with the word " Neptune " added, which had been registered by the assignor in 1878, under the Trade Marks Registration Acts, 1875 and 1876, for the whole of class 5, described in the Trade Marks Journal as " unwrought and partly -wrought metals used in manufacture," E. duly getting hin:self registered as proprietor of the Trade Mark. Tne only business actually carried on by E. and his assignor was and had been that of NOTES OF LEGAL DECISIONS. 153 a manufacturer of iron sheecs. In 1880, D. registered a Trade Mark, bearing the word *' Neptune," for steel and iron wire, in class 5, his business consisting solely of the manufacture and sale of wire. In 1884, E. brought an action against D. for infringement, on the ground of the alleged similarity of D.'s Trade Mark. D. then applied, by summons, under Sect, 5 of the Act of 1875, to have the register rectified by limiting E.'s Trade Mark to the articles in class 5, other than steel and iron wire. Eeversing a decision of Mr. Justice Smith, it was held by the Court in the action, that inasmuch as the goods sold by E. and D. were entirely distinct, E. was not entitled to an injunction, and, upon the summons (affirming Vice-Chancellor Bacon, with a variation), that, notwithstanding the five years' registration of E.'s Trade Mark for the whole of class 5, his Trade Mark must be limited to those articles in the class in connec- tion with which it was being actually used, namely, iron sheets.* Iq order to deprive a manufacturer of his right to axonmnr. Trade Mark, the use of which has been practically given meiit. up for a period of five years, mere discontinuance of user for lack of demand, though coupled with non- registration and non-assertion of any right, is not enough, there must be evidence of distinct intention to abandon. In 1874, A., a German soap manufacturer, adopted a Trade Mark for a particular kind of soap, which for * Edwards r. Dennis. In re Edwards' Trade ilark, 30 Ch. D, 454. 154 NOTES OF LEGAL DECISIONS. about two years was manufactured and sent to this country, in large quantities, for exportation to Australia ; but from 1876 until 1882 the manufacture and sale of soap thus marked fell off, until it practically ceased, and the existence of the particular Mark was, in May 1882, forgotten by A. In 1880, B,, a manufacturer of soap in the same part of Germany, adopted, in complete ignorance of A.'s Mark, a precisely similar Mark for soap sent to this country for exportation to Australia, and in August, 1880, he registered his Mark, in this country, under the Trade Marks Kegistration Acts. In July, 1882, after the commencement of proceedings by B. to restrain the infringement of his registered Trade Mark by A., A. applied for registration of his Mark of 1874. Upon application (1) by B. to restrain the infringement of his Trade Mark ; (2) by A. to have his Trade Mark registered ; (3) by A, to have B.'s Trade Mark removed from the register ; it was held : — (1) that mere non-user by A. of his Mark between 1876 and 1882, although coupled with non-registration, did not, having regard to the fact that he had not ceased to carry on his business, and had not broken up the mould, and that a number, indicating soap thus marked, was retained on his price lists, amount to an actual abandonment by A. of the Mark, so as to give B. any exclusive right to his registered Mark. (2) That the existence upon the register of B.'s Mark did not prevent the Court from granting leave for the registration of A.'s Mark. (3) That previous bond fide registration of B.'s Mark, in ignorance of any claim by A., followed by large dealings under that Mark, prevented A., NOTES OF LEGAL DECISIONS. 155 after the lapse of two years, from getting B.'s Mark expunged from the register.* The manufacturers of a substance used instead of hops Misroprc- for brewmg beer, sought to restram another manufacturer from making and selling a substance intended for the same purpose. As to some of the grounds for relief the plaintiffs Costs. had failed, and as to others they were held to be too late in their application, and the bill was therefore dismissed ; but "^op Kbstnce. it was further held that, as the substances made by both plaintiffs and defendants were intended to be used to deceive the public, no costs would be given to the defendants.t In November, 1884, an American firm of oil mauu- oid Mark. , ., , . . , Similarity. facturers made application for registration, under the Act of 1883, of a Trade Mark for illuminating oils, which had been used by them in America since 1872, and had been known in England as the " White Eose " Mark prior to 1876. The Comptroller refused the application upon the ground that there had been on the register, since 1878, a similar Mark for illuminating oils, called the " Rosaline " Mark, belonging to an English firm. The Court held that although there was enough similarity between the two Marks to render it possible for the public to mistake the one for the other, yet as the " White Rose " was, to all intents and purposes, an old Mark, it ought to be admitted to registration, J The registration of a Mark and the lapse of five years Lapse of '' Five Yeais. * Mouson & Co. V. Boebm, 26 Ch. D. 398. t Estconrt v. Estcourt Hop Essence Coy., 10 Ch. 276. J In re White Rose Trade Mark, 30 Ch. D. 505. 15G NOTES OF LEGAL DECLSIONS, Indefeas- ible Title. " Common to the Trade " " Three Marks Rule." New Name for New Article. Improper Registra- tion, "Distinc- tive Word.' is not considered to confer on the person an indefeasible title to the Mark, if, by reason of its being at the time of registration in common use in the trade, it ought not to have been registered. The lap=;e of five years cannot make good a registration in its inception invalid. A Trade Mark which was originally improperly registered ought, even after the lapse of five years, to be removed from the register, because the registration might enable the person who has made it to commit a fraud.* In 1873 Messrs. Leonard and Ellis invented a process for making a certain description of lubricating oil which they called " Valvoline," and in that year registered in America, as their Trade Mark, the word, accompanied by a device. In August, 1877, they registered the same Trade Mark in England, and in February, 1878, registered the word " Yalvoline " alone as their Trade Mark. After this latter Mark had been five years on the register, they commenced an action against one Wells, to restrain him from selling, under the name "Valvoline," any oil not made by the plaintiiis. Wells moved to rectify the register by removing therefrom the word " Valvoline." The Court came to the conclusion that Leonard and Ellis had not used "Valvoline" alone a^ CASES RESERVED. EEGINA V. JOHN AEDLEY. obtfcining The prisoner induced tlie prosecutor to purchase a chain A oney under False from him bv fraudulently representing that it was 15-carat Pretences. _ _ _ Misiipie- gold, -when, in fact, it was only of a quality hatter than bentaiion of Quality. G-carat, linowing at the same time that he was falsely Specific . . . Fact. representing the quality of the chain as 15-carat gold. Held that the statement that the chain was 15-carat gold not being mere exaggerated praise, nor relating to a mere matter of opinion, but a statement as to a specific fact within the knowledge of the prisoner was a sufficient false pretence to sustain an indictment for obtaining money under false pretences. In Reg. r. DuKDAS, blacking of inferior quality was repre- sented to be " Everett's Premier " blacking, and that being a well-known article of commerce, it was held that the misrepresentation was indictable, and that the case was exactly similar ; 15-carat gold is a known specific article. In Eeg. v. Bryan the prisoner repress nted certain plated spoons to be equal to '' Elkinton's A," when, in fact, they wtre of inferior quality; and it was held that the con- CROWN CASES RESERVED. 161 viction could not be supported. But the ground of defence was that the representation was not of any specific fact, hut mere puffing and statement of matter of opinion, being a distinction of knowledge and opinion, and when- ever there is a misrepresentation of a specific fact within the knowledge of the maker, there is a criminal offence. Thus, in Reg. v. Stevens, bars of worthless metal were represented to be ingots of silver. In Reg. v. Abbott and Reg v. Goss the fraud consisted in showing false tasters, representing them to have been taken from cheeses which the prisoners were selling, though really taken from other cheeses. In all of these cases the representa- tions related to the quahty of goods. The fact that the representations were made in the course of a bar- gain for sale does not make them the less a criminal ofiPence. In Reg v. Sherwood the prisoner, after he had agreed with the prosecutor to seU and deliver a load of coals at a certain price per ewt., falsely and fraudidently pretended that the quantity which he had delivered was 18 cwts., and that it had been weighed at the colliery and the weight put down by himself on a ticket which he produced, he knowing it to be 14 cwts. onl}^ and thereby obtained an additional sum of money ; and this was held to be a false pretence within the Statute. In that case a difficulty was felt by the Court in drawing a line between indictable and non-indictable representations. Conviction affirmed after calling on Reg. v. Joseph Ragg. 162 CROWN CASES RESERVED. Fotgery . Trade Marks. Printed Wrappers for Powders. Sale. REG. V. JOHN SMITH. The prosecutor, Borwick, sold powders called "Ber- wick's Baking Powders " and " Berwick's Egg Powders," wrapped up in printed papers. The prisoner procured 10,000 wrappers to be printed similar to Berwick's, except that the name of Borwick was omitted on the baking powders. In these wrappers the prisoner enclosed powders of his own, which he sold for Berwick's powders. The jury found that the wrappers so far resembled Berwick's as to deceive persons of ordinary observation, and that they were procured and used by the prisoner with an intent to defraud. Held by the Court of Criminal Appeal that the prisoner could not be convicted of forgery, though he was liable to be indicted for false pretences. False Pre- tanceg. REG. V. GRAY AND GOSLING. On an indictment for obtaining money by false pre- tences, the prisoner having fraudulently used labels imitated from these placed en Allsepp's Ales, was convicted and sentenced to twelve months' imprisonment with hard labour. REG. r. SUTER AND COULSON. False Pre- A FALSE representation that a stamp on a watch was the False Kepre- Trade Mark of the Goldsmiths' Company, and that the a Trade number 18, part thereof, indicated that the watch case was of 18-carat geld, is an indictable offence, and is not the less so because accompanied by a representation that the CROWN CASES RESERVED. \&6 watch was a gold one, and some gold was proved to have been contained in its composition. REG. V. FOSTER. On an indictment for obtaining money by false pretences, False Pre- it was proved that the prisoner, a travelling hawker, saie of represented to the prosecutor's wife that he was a tea- oommenda- dealer from Leicester, and induced her to buy certain ^g^f ^f ^' packages, which he stated to contain good tea, but three- q**^® '^^ fourths of the contents of which was not tea at all, but a mixture of substances unfit for drink and deleterious to health. The jury found that the prisoner knew the real nature of the contents of the packages ; that it was not tea, but a mixture of articles unfit for drink ; and that he designedly falsely pretended that it was good tea with intent to defraud, and the prisoner was convicted. Held that the conviction was right. THE MERCHANDISE MARKS LAW CON- SOLIDATION AND AMENDMENT ACT." This Act virtually makes the registration of Trade Marks compulsory. The Act of 1875-j-, providing for registration, limited the right of procedure by injunction to o\mers of Marks registered in accordance with its provisions, but did not affect any rights conferred by the Act relating to false marking of merchandise passed in I8624 It was thus still possible for a Trade Mark owner, who had not registered his Mark under the Act of 1875, to proceed under the earlier enactment. Now, however, the prior registration in case of proceedings for injunction, declared necessary by the Act of 1875, having been still so regarded under that of 1883,§ and the statute recently passed having repealed the Act of 1862, whilst defining a Trade Mark to be a Trade Mark registered in the Register kept under the Act of 1883, omission upon the * The full text of the Act appears at page 169. t Trade Marks Registration Act, 1875. J Merchandise Marks Act, 1862. § Patents, Designs, and Trade Marks Act, 1883. MERCHANDISE MARKS ACT. 165 part of a Trade Mark owner to register his Mark would seem likely, iu the case of its being infringed, to operate as a bar to any redress either in Equity or by procedure in a Criminal Court. Provision is made in the Act for preventing the improper introduction into this country of foreign manufactured goods, an evil which has been frequently the subject of legislative action. In 1876* it was declared that no foreign-made goods should be imported if bearing Marks indicative of British origin. By this Act the British public, as well as British manufacturers, were protected. In 1883,t however, the section of the Actio which allusion is made immediately above was repealed, and inf erentially permission accorded to British manufacturers to import goods of foreign manufacture, but bearing the name and address, or name and Trade Mark, of a manufacturer resi- dent or carrying on business in the United Kingdom. The present Act forbids the importation of any foreign manufactured goods bearing any Marks of British houses unless accompanied by "a definite indication of the country in which the goods were made or produced," as also of any goods from abroad falsely marked with any Mark protected by law in any British possession or foreign State with which arrangements for the mutual protection of Trade Marks have been made by the Government of this country. * Customs Consolidation Act, 1876. t The Revenue Act, 1883. 166 MERCHANDISE MARKS ACT. Goods bearing the names of places identical with or closely resembling those of places in the United Kingdom, and not accompanied by the names of the foreign countries in which such places are situate, are liable to forfeiture. The duty of making and administering general or special regulations respecting information, security, and conditions relating to the detention and forfeiture of pro- hibited goods is to be exercised by the Commissioners of Customs under the control of the Treasury. Trade descriptions, as well as Trade Marks, are dealt with under the Act. The former term includes any indication respecting the number, quantity, measure, gauge, or weight of goods ; the place or country of manu- facture ; the mode of production ; the material of which composed; and as to any goods being the subject of an existing patent, privilege, or copyright ; also the person by whom manufactured. Offences under the Act include the forgery or false application of any Trade Mark, or the making, possessing, or disposing of any instrument for the purpose of forging, applying any false description to goods, or causing any of the foregoing acts to be committed. Contrary to the general rule of English law — a rule, however, which has been subject to some important exceptions during the past thirty or forty years — the MERCHANDISE MARKS ACT. 167 defendant has tlirown upon kim ihe onan t^f olearing himself from the inference of guilty intent. The penalties attaching to offences generally under the Act include fine or imprisonment, fine and imprisonment, and imprisonment with hard labour, as also the forfeiture of the goods and instruments concerned. In the case of false declarations in connection with the hall-marking of watches, the penalties attaching to perjury are incurred. Persons who, being resident within the United Kingdom, become accessory to acts committed abroad, which, if com- mitted in this country, would be considered as offences under the Act, are liable to trial and conviction in any part of the United Kingdom in which they may be resi- dent. Section 18 is likely to cause difiiculty by the futility of its attempt to assign limits to the use of terms indicating place of manufacture. The section itself is in the nature of a proviso, but contains a provision for its own non-applica- tion. Thus, whilst the provisions of the Act are declared not to apply to "trade descriptions lawfully and generally applied to goods of a particular class, or manufactured by a particular method, to indicate the particular class or method of manufacture of such goods," the use of the name of a place or country in wliich the goods have not been actually produced, is forbidden if likely to cause mis- apprehension, unless the misleading effect be neutralised 168 MERCHANDISE MARKS ACT. by the appearance in an equally conspicuous manner of " the name of the place or country in which the goods were actually made or produced, with a statement that they were made or produced there."* A prosecution cannot be commenced after three years from the commission of the offence, or one year from the first discovery thereof by the prosecutor. * This does not advance beyond the Merchandise Marks Act of 1862, which left completely nnsettled the difficulties attending the use of certain names, as " Balbriggan," " Glenlivet," " York," " Cheddar," " Burten," " Dublin," " Honiton," etc, applying respectively to hosiery, whisky, hams, cheese, ale, stont, lace, etc. Such names having so long been commonly used in connection with goods not produced in the places mentioned, the question of their being likely to mislead will doubtless provoke fierce discussion upon every occasion of its being raised. So also with the word " Sheffield," the use of which by foreign manufacturers has proved so injurious to the interests of British trade. I MERCHANDISE MARKS ACT, 169 AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO FRAUDULENT MARKS ON MERCHANDISE. [23rd Aug., 1887.] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, aa follows : — 1. This Act may be cited as the Merchandise Marks Act, short title. 1887. 2. (1.) Every person who offencssas to Trade (a.) Forges any Trade Mark ; or Marks and trade de- (6.) Falsely applies to goods any Trade Mark, or any scriptions. Mark so nearly resembling a Trade Mark, as to be calculated to deceive ; or (c.) Makes any die, block, machine, or other instru- ment for the purpose of forging, or of being used for forging, a Trade Mark ; or (c?) Applies any false trade description to goods ; or (e.) Disposes of, or has in his possession any die, block, machine, or other instrument for the purpose of forging a Trade Mark ; or (/.) Causes any of the things above in tbis section mentioned to be done, shall, subject to the provisions of this Act, and unless he proves that he acted without intent to defraud, be guilty of an offence against this Act. 170 MERCHANDISE MARKS ACT. (2.) Every person who sells, or exposes for, or has in his possession for sale, or any purpose of trade or manufacture, any goods or things to which any forged Trade Mark or false trade description is applied, or to which any Trade Mark or Mark so nearly resembling a Trade Mark as to be calculated to deceive is falsely applied, as the case may be, shall, unless he proves — (a.) That having taken all reasonable precautions against committing an offence against this Act, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the Trade Mark, Mark, or trade description, and (6.) Tliat on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things ; or (c.) That otherwise he had acted innocently ; be guilty of an offence against this Act. (3.) Every person guilty of an offence against this Act shall be liable — (i.) On conviction on indictment, to imprisonment, with or without hard labour, for a term not exceed- ing two years, or to fine, or to both imprisonment and fine ; and (ii.) On summary conviction to imprisonment, with or without hard labour, for a term not exceeding four months, or to a fine not exceeding twenty pounds, and in the case of a second or subsequent con- MERCHANDISE MARKS ACT. 171 viciioD CO iinprisoameut, with or without hard labour, for a term not exceediug six months, or to a fine not exceeding fifty pounds ; and (iii.) In any case, to forfeit to Her Majesty every chattel, article, instrument, or thmg by means of or in relation to which the offence has been committed. (4.) The Court before whom any person is convicted under this section, may order any forfeited articles to be destroyed or otherwise disposed of as the Court thinks fit. (5.) If any person feels aggrieved by any conviction made by a Court of Summary Jurisdiction, he may appeal therefrom to a Court of quarter sessions. (6.) Any offence for which a person is under this Act liable to punishment on summary conviction may be prosecuted, and any articles liable to be forfeited under this Act, by a Court of Summary Jurisdiction, 42 &43 vict may be forfeited, in manner provided by the Summary Jurisdiction Acts : Provided that a person charged with an offence under this section before a Court of Summary Jurisdiction shall, on appearing before the Court, and before the charge is gone into, be informed of his right to be tried on indictment, and, if he requires, be so tried according ly. 3. (!.") For the purposes of this Act — Definitions. 46 & 47 Vict The expression " Trade Mark " means a Trade Mark c. 57. 172 MERCHANDISE MARKS ACT. registered in the register of Trade Marks kept under the Patents, Designs, and Trade Marks Act, 1883, and includes any Trade Mark which, eicher with or without registration, is protected by law in any British possession or foreign State to which the provisions of the one hundred and third section of the Patents, Designs, and Trade Marks Act, 1883, are, under Order in Council, for the time being applicable : The expression " trade description " means any descrip- tion, statement, or other indication, direct or indirect, (a.) As to the number, quantity, measure, gauge, or weight of any goods, or (6.) As to the place or country in which any goods were made or produced, or (c.) As to the mode of manufacturing or producing any goods, or (c?.) As to the material of which any goods are composed, or (e.) As to any goods being the subject of an existing patent, privilege, or copyright, and the use of any figure, word, or Mark which, according to the custom of the trade, is commonly taken to be an indication of any of the above matters, shall be deemed to be a trade description within the meaning of this Act : The expression " false trade description " means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every altera- tion of a trade description, whether by way of addition, efifacement, or otherwise, where that alteration makes the description false in a material respect, and the fact that a MERCHANDISE MARKS ACT. 173 trade description is a Trade Mark, or part of a Trade Mark, shall not prevent such trade description being a false trade description within the meaning of this Act : The expression "goods" means anything which is the subject of trade, manufacture, or merchandise : The expressions "person," "manufacturer, dealer, or trader," and "proprietor" include any body of persons corporate or unincorporate : The expression " name " includes any abbreviation of a name. (2.) The provisions of this Act respecting the application of a false trade description to goods shall extend to the application to goods of any such figures, words, or marks, or arrangement or combination thereof, whether including a Trade Mark or not, as are reasonably calculated to lead persons to believe that the goods are the manu- facture or merchandise of some person other than the person whose manufacture or merchandise they really are. (3.) The provisions of this Act respecting the applica- tion of a false trade description to goods, or respecting goods to which a false trade description is applied, shall extend to the application to goods of any false name or initials of a person, and to goods with the false name or initials of a person applied, in like manner as if such name or initials were a trade description, and for the purpose of this enactment the expression false name or initials 174 MERCHANDISE MARKS ACT. means as applied to any goods, any name or initials of a person which — (a) Are not a Trade Mark, or part of a Trade Mark, and (6) Are identical with, or a colourable imitation of the name or initials of a person carrying on business in connection with goods of the same description, and noc having authorised the use of such name or initials, and (c) Are either those of a fictitious person or of some person not bona fide carrying on business in connection with such goods. Forging 4- A peraou shall be deemed to forge a Trade Mark Trade Mark. who either — (a.) Without the assent of the proprietor of the Trade Mark makes that Trade Mark or a Mark so nearly resembling that Trade Mark as to be calculated to deceive ; or (6.) Falsifies any genuine Trade Mark, whether by alteration, addition, effacement, or otherwise ; and any Trade Mark or Mark so made or falsified is in this Act referred to as a forged Trade Mark. Provided that in any prosecution for forging a Trade Mark the burden of proving the assent of the proprietor shall lie on the defendant. Applying 5. (^^ ^ persou shall be deemed to apply a Trade tions^^ Mark or Mark or trade description to goods who — (a.) Applies it to the goods themselves ; or MERCHANDISE MARKS ACT. Yl^ (b.) Applies it to any covering, label, reel, or other thing in or with which the goods are sold or exposed or had in possession for any purpose of sale, trade, or manufacture ; or (c.) Places, encloses, or annexes any goods which are sold or exposed or had in possession for any purpose of sale, trade, or manufacture, in, with, or to any covering, label, reel, or other thing to which a Trade Mark or trade description has been applied ; or (d.) Uses a Trade Mark or Mark or trade description in any manner calculated to lead to the belief that the goods in connection with which it is used are designated or described by that Trade Mark or Mark or trade description, (2.) The expression " covering " includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame, or wrapper ; and the expression " label " includes any band or ticket. A Trade Mark, or Mark, or trade description, shall be deemed to be applied whether it is woven, impressed, or otherwise worked into, or annexed, or affixed to the goods, or to any covering, label, reel, or other thing. (3.) A. person shall be deemed to falsely apply to goods a Trade Mark or Mark, who, without the assent of the proprietor of a Trade Mark, applies such Trade Mark, or a Mark so nearly resembling it as to be calculated to deceive, but in any prosecution for 176 MERCHANDISE MARKS ACT. falsely applying a Trade Mark or Mark to goods the burden of proving the assent of the proprietor shall lie on the defendant. Exemption g. Where a defendant is charged with making any die, of certain persons em- Kiock machine, or other instrument for the purpose of ployed m yj^'^^"-') i a a co^8e7f forging, or being used for forging, a Trade Mark, or with business, f^jgely applying to goods any Trade Mark or any Mark so nearly resembling a Trade Mark as to be calculated to deceive, or with applying to goods any false trade descrip- tion, or causing any of the things in this section mentioned to be done, and proves (a.) That in the ordinary course of his business he is employed, on behalf of other persons, to make dies, blocks, machines, or other instruments for making or being used in making, Trade Marks or as the case may be, to apply Marks or descriptions to goods, and that in the case which is the subject of the charge he was so employed by some person resident in the United Kingdom, and was not interested in the goods by way of profit or com- mission dependent on the sale of such goods ; and (i.) That he took reasonable precautions against com- mitting the offence charged ; and (c.) That he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the Trade Mark, Mark, or trade description ; and (<^.) That he gave to the prosecutor all the information in his power with respect to the persons on whose MERCHANDISE MARKS ACT. 177 behalf the Trade Mark, Mark, or description was applied — he shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor, unless he has given due notice to him that he will rely on the above defence. 7. Where a watch case has thereon any words or Marks Application of Act to which constitute, or are by common repute considered as watches, constituting a description of the country in which the watch was made, and the watch bears no description of the country where it was made, those words or Marks shall primli facie be deemed to be a description of that country within the meaning of this Act, and the provisions of this Act with respect to goods to which a false trade description has been applied, and with respect to selling or exposing for, or having in possession for sale, or any purpose of trade or manufacture, goods with a false trade description, shall apply accordingly, and for the purposes of this section the expression " watch " means all that portion of a watch which is not the watch case. 8. (1.) Every person who, after the date fixed by Order ^f*'"'^/"^ in Council, sends or brings a watch case, whether imported or not, to any assay office in the United Kingdom for the purpose of being assayed, stamped, or marked, shall make a declaration declaring in what country or place the case was made. If it appears by such declaration that the watch case was made in some country or place out of the United Kingdom, the assay office shall place on the case such a N 178 MERCHANDISE MARKS ACT. Mark (differing from the Mark placed by the office on a watch case made in the United Kingdom), and in such a mode as may be from time to time directed by Order in Council. (2.) The declaration may be made before an officer of an assay office, appointed in thac behalf by the office fwhich officer is hereby authorised to administer such a declaration), or before a justice of the peace, or a commissioner having power to administer oaths in the Supreme Court of Judica- ture in England or Ireland, or in the Court of Session in Scotland, and shall be in such form as may be from time to time directed by Order in Council. (3.) Every person who makes a false declaration for the purposes of this section shall be liable, on con- viction on indictment, to the penalties of perjury, and on summary conviction to a fine not exceeding twenty pounds for each offence. howde^^'""''' ^' ^'^ ^^y indictment, pleading, proceeding, or docu- pieitog!" ^^^^ ^^ ^^^°^ ^°y "^1*^^^ ^^^^ or forged Trade Mark is intended to be mentioned, it shall be sufficient, without further description and without any copy or facsimile, to state that Trade Mark or forged Trade Mark to be a Trade Mark or forged Trade Mark. Sn^e.*" 10- la any prosecution for an offence against this Act— (1.) A defendant, and his wife or her husband, as the case may be, may, if the defendant thinks fit, be MERCHANDISE MARKS ACT. 179 called as a witness, and, if called, shall be sworn and examined, and may be cross-examined and re-examined in like manner as any other witness. (2.) In the case of imported goods, evidence of the port of shipment shall be prima facie evidence of the place or country in which the goods were made or produced. 11. Any person who, being within the United Kingdom, Punishment . , of acces- procures, counsels, aids, abets, or is accessory to the com- sones. mission, without the United Kingdom, of any act which, if committed in the United Kingdom, would under this Act be a misdemeanor, shall be guilty of that misdemeanor as a principal, and be liable to be indicted, proceeded against, tried, and convicted in any county or place in the United Kingdom in which he may be, as if the mis- demeanor had been there committed. 12. (1.) "Where, upon information of an offence against Search I ..... 1 . T • , • • warrant. this Act, a justice has issued either a summons requiring the defendant charged by such information to appear to answer to the same, or a warrant for the arrest of such defendant, and either the said justice, on or after issuing the summons or warrant, or any other justice, is satisfied by information on oath that there is reasonable cause to suspect that any goods or things by means of or in relation to which such offence has been committed are in any house or premises of the defendant, or otherwise in his possession or under his control in any place, such justice may issue a warrant under his hand, by virtue of which it shall be 180 MERCHANDISE MARKS ACT. lawful for any constable named or referred to in the warrant, to enter sach house, premises, or place at any reasonable time by day, and to search there for and seize and take away those goods or things ; and any goods or things seized under any such warrant shall be brought before a Court of Summary Jurisdiction for the purpose of its being determined whether the same are or are not liable to forfeiture under this Act. (2.) If the owner of any goods or things which, if the owner thereof had been convicted, would be liable to forfeiture under this Act, is unknown or cannot be found, an information or complaint may be laid for the purpose only of enforcing such forfeiture, and a Court of Summary Jurisdiction may cause notice to be advertised stating that, unless cause is shown to the contrary at the time and place named in the notice, such goods or things will be forfeited, and at such time and place the Court, unless the owner or any person on his behalf, or other person interested in the goods or things, shows cause to the contrary, may order such goods or things or any of them to be forfeited. (3.) Any goods or things forfeited under this section, or under any other provision of this Act, may be destroyed or otherwise disposed of in such manner as the Court by which the same are forfeited may direct, and the Court may, out of any proceeds which may be realised by the disposition of such goods (all Trade Marks and trade descriptions MERCHANDISE MARKS ACT. 181 beiug first obliLerated), award to any inaocent party any loss he may have innocently sustained in dealing with such goods. 13. The Act of the session of the twenty-second and ^/^f'l^i?? •' of 22 & 23 twenty-third years of the reign of Her present Majesty, ^^""^^^^Iw chapter seventeen, intituled *' An Act to prevent vexatious "^^^^^ ^^'' indictments for certain misdemeanors," shall apply to any offence punishable on indictment under this Act, in like manner as if such offence were one of the oiffences specified in Section 1 of that Act, but this section shall not apply to Scotland. 14- On any prosecution under this Act the Court may costs of defence or order costs to be paid to the defendant by the prosecutor, prosecution, or to the prosecu*-.or by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively. 15. No prosecution for an otfence against this Act shall LimitiUion of prosecu- be commenced after the expiration of three years next after tion. the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expira- tion first happens. 16. Whereas it is expedient to make further provision Prohibition on import.1- for prohibiting the importation of goods which, if sold, Hon. would be liable lo forfeiture under this Act ; be it therefore enacted as follows : — (1.) All such goods, and also all goods of foreign manu- facture bearing any name or Trade Mark being or 182 MERCHANDISE MARKS ACT. purporting to be the name or Trade Mark of any manufacturer, dealer or trader in the United Kingdom, unless such name or Trade Mark is accompanied by a definite indication of the country in which the goods were made or produced, are hereby prohibited to be imported into the United Kingdom, and, subject to the provisions of this section, shall be included among goods prohibited to be imported as if they were specified in 39&4ovict. Section 42 of the Customs Consolidation Act, 1876. (2.) Before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under the law relating to the Customs, the Commissioners of Customs may require the regula- tions under this section, whether as to information, security, conditions, or other matters, to be com- plied with, and may satisfy themselves in accordance with those regulations that the goods are such as are prohibited by this section to be imported. (3.) The Commissioners of Customs may from time to time make, revoke and vary regulations, either general or special, respecting the detention and forfeiture of goods the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may by such regulations determine the information, notices, and security to be given, and the evidence requisite for any of the purposes MERCHANDISE MARKS ACT. 183 of this section, and the mode of verification of such evidence. (4.) Where there is on any goods a name which is identical with or a colourable imitation of the name of a place in the United Kingdom, that name, unless accompanied by the name of the country in which such place is situate, shall be treated for the purposes of this section as if it were the name of a place in the United Kingdom. (5.) Such regulations may apply to all goods the importation of which is prohibited by this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods. (6.) The Commissioners of Customs, in making and in administering the regulations, and generally in the admiuistration of this section, whether in the exercise of any discretion or opinion, or otherwise, shall act under the control of the Commissioners of Her Majesty's Treasury. (7.) The regulations may provide for the informant reimbursing the Commissioners of Customs all expenses and damages incurred in respect of any detention made on his information, and of any proceedings consequent on such detention. (8.) All regulations under this section shall be pub- lished in the London Gazette and in the Board of Trade Journal. 184 MERCHANDISE MARKS ACT. (9.) This section shall have effect as if it were part of the Customs Consolidation Act, 1876, and shall accordingly apply to the Isle of Man as if it were part of the United Kingdom. 46^&47Vict. ^10) Section 2 of the Revenue Act, 1883, shall be repealed as from a day fixed by regulations under this section, not being later than the first day of January, one thousand eight hundred and eighty- eight, without prejudice to anything done or suffered thereunder. Implied 17. On the sale or in the contract for the sale of any warranty on , , . . sale of sfoods to which a Trade Mark, or Mark, or trade description marked ° » > r goods. has been applied, the vendor shall be deemed to warrant that the Mark is a genuine Trade Mark and not forged or falsely applied, or that the trade description is not a false trade description within the meaning of this Act, unless the contrary is expressed in some writing signed by or on behalf of the vendor and delivered at the time of the sals or contract to and accepted by the vendee. Provisions 18. Where, at the passing of this Act, a trade description of Act as to ' . false de- jg lawfully and generally applied to goods of a particular not to apply class, or manufactured by a particular method, to indicate m certain ' j r > cases. ^YiQ particular class or method of manufacture of such goods, the provisions of this Act with respect to false trade descrip- tions shall not apply to such trade description when so applied : Provided that where such trade description includes the name of a place or country, and is calculated to mislead as to the place or country where the goods to MERCHANDISE MARKS ACT. 185 which it is ai)plied were actnally made or produced, and the goods are not actually made or produced in that place or country, this section shall not apply unless there is added to the trade description, immediately before or after the name of that place or country, in an equally conspicuous manner with that name, the name of the place or country in which the goods were actually made or produced, with a statement that they were made or produced there. 19. (1.) This Act shall not exempt any person from any Savings, action, suit, or other proceeding which might, but for the provisions of this Act, be brought against him. (2.) Nothing in this Act shall entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Act. (3.) Nothing in this Act shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in the United Kingdom whi) bona, fide acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to his master. 20- Any person who falsely represents that any goods are False repre- made by a person holding a Royal Warrant, or for the to Royal -r. 1 n -1 Warrant. service of Her Majesty, or any of the Royal lamily, or 186 MERCHANDISE MARKS ACT. any Grovernment departmeat, shall be liable, on sufnmary Conviction, to a penalty not exceeding twenty pounds. AppiicaHon 21. In the application of this Act to Scotland the foUow- Scotiand. j^g modifications shall be made : — The expression " Summary Jurisdiction Acts " means the Summary Procedure Act, 1864, and any Acta amending the same. The expression "Justice " means sheriff. The expression "Court of Summary Jurisdiction" means the Sheriff Court, and all jurisdiction necessary for the purpo-e of this Act is hereby conferred on sheriffs. Application 22. In the application of this Act to Ireland, the of Act to . ^^ Ireland. following modifications shall be made : — The expression " Summary Jurisdiction Acts," means, so far as respects the police district of Dublin metropolis, the Acts regulating the powers and duties of justices of the peace of such district, and as regards the rest of 14 & 15 Vict. Ireland means the Petty Sessions (Ireland) Act, 1851, and any Act amending the same. The expression "Court of Summary Jurisdiction" means justices acting under those Acts. 25T26 Vict ^^" '^^^ Merchandise Marks Act, 1862, is hereby repealed, c. 88. and any unrepealed enactment referring to any enactment so repealed, shall be construed to apply to the corresponding provision of this Act ; provided that this repeal shall not affect — {a.) Any penalty, forfeiture, or punishnaent incurred MERCHANDISE MARKS ACT. 187 in respect of any offence committed against any enactment hereby repealed ; nor (6.) The institution or continuance of any proceeding or other remedy under any enactment so repealed for the recovery of any penalty incurred, or for the punishment of any offence committed, before the commencement of this Act ; nor (c.) Any right, privilege, liability, or obligation acquired, accrued, or incurred under any enact- ment hereby repealed. PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883. This Act is divided into five parts : — Preliminary, Patents, Designs, Trade Marks, and General. The two latter only liave reference to the subjects treated in these pages, the earlier, i.e., Part PV., dealing specially there- with, and the later. Part V., containing references thereto in conjunction with others relating to Patents and Designs. Part IV. consists of twenty sections, viz. : — Sections Nos. 62 to 81 inclusive, treating respectively of the Appli- cation for Registration, Limit of Time for Proceeding therewith. Conditions of Registration, Connection of Mark with Goods, Series of Marks, Colour, Advertisement of Application, Opposition to Registration, Assignments and Transmissions, Conflicting Claims to and Restrictions on Registration, Common Marks, Effect of Registration, Duration of Term of Registration, Pees and Sheffield Marks. Part V. treats of the constitution of the Patent Office and proceedings thereat. International and Colonial PATENTS, DESIGNS, AND TRADE MARKS ACT. 189 Arrangements aJBFecting Patents, Designs, and Trade Marks, the Application of the Act to Scotland, Ireland, and the Isle of Man, Enactments Eepealed, General Definitions, etc. The Act, it -vrill be remembered, was passed on August 25th, 1883, and came into operation on January 1st, 1884, repealing the Trade Marks Registration Act, 1875, and the Trade Marks Registration Amendment Acts of 1876 and 1877, but not affecting any action taken or right previously acquired thereunder. The -whole of Part IV. of the Act is given at page 1 90, and is folloAved by those sections of the Act in Part V. thereof, which contain any matter directly or indirectly bearing upon the subject of Trade Marks. Form "P" (the Porm of Application for Registration of Trade Marks) contained in the First Schedule to the Act, as actually authorised under the rules settled by the Board of Tiade, appears in that portion of the present work which deals at length with the formalities connected with proceedings to secure registration. PATENTS, DESIGNS, AND TRADE MAEKS ACT, 1883. 46 and 47 Vict., Ch. 57. :o:- PAET lY. Trade Marks. Registration of Trade Marks. Application 62. (1.) The Comptroller may, on application by or on tration. behalf of any person claiming to be the proprietor of a Trade Mark, register the Trade Mark. (2.) The application must be made in the form set forth in the First Schedule to this Act, or in such other form as may be from time to time prescribed, and must be left at, or sent by post to, the Patent Office in the prescribed manner. (3.) The application must be accompanied by the pre- scribed number of representations of the Trade Mark, and must state the particular goods or classes of goods in con- nection with which the applicant desires the Trade Mark to be registered. (4.) The Comptroller may, if he thinks fit, refuse to register a Trade Mark, but any such refusal shall be subject to appeal to the Board of Trade, who shall, if required, hear the applicant and the Comptroller, and may PA TENTS, DESIGNS AND TRADE MARKS ACT. 191 make an order determining whether, and subject to what conditions, if any, registration is to be permitted. (5.) The Board of Trade may, however, if it appears expedient, refer the appeal to the Court ; and in that event the Coiu-t shall have jurisdiction to hear and deter- mine the appeal, and may make such order as aforesaid. 63. Where registration of a Trade Mark has not been Limit of 1 n -1 time for or shall not be completed within twelve months from the proceeding with appli- date of the application, by reason of default on the part of cation, the applicant, the application shall be deemed to be abandoned. 64. (1.) For the pm-poses of this Act, a Trade Mark conditions^ must consist of or contain at least one of the following ^*°°jg^jjark essential particulars: — (a.) A name of an individual or firm printed, im- pressed, or woven in some particular and distinc- tive manner ; or (&.) A written signature or copy of a written signature of the individual or firm applying for registration thereof as a Trade Mark ; or (c.) A distinctive device, mark, brand, heading, label, ticket, or fancy word or words not in common use. (2.) 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 of any of them. (3.) Provided that 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 192 PA TENTS, DESIGNS AND TRADE MARKS ACT. thirteenth, day of August, one thousand eight hundred and seventy-five, may be registered as a Trade Mark under this part of this Act. of'Trade*'° 65. A Trade Mark must he registered for particular goods.^^ goods or classes of goods. Registra- tion of a series of Marks, 66. When a person claiming to be the proprietor of several Trade Marks which, while resembling each other in the material particulars thereof, yet differ in respect of (a) the statement of the goods for which they are respec- tively used or proposed to be used, or [h) statements of numbers, or (c) statements of price, or {d) statements of quality, or (e) statements of names of places, seeks to register such Trade Marks, they may be registered as a series in one registration. A series of Trade Marks shall be assignable and transmissible only as a whole, but for all other purposes each of the Trade Marks composing a series shall be deemed and treated as registered separately. TradeMarks 67. A Trade Mark may be registered in any colour, and may be . . . „ , . registered in such registration shall (subject to the provisions of this any colour. , . . , Act) confer on the registered owner the exclusive right to use the same in that or any other colour. 68. Every application for registration of a Trade Mark under this part of this Act shall as soon as may be after its receipt be advertised by the Comptroller. Opposition 69. (1.) Any person may within two months of the to registra- . , , . tioa. first advertisement of the application, give notice in dupli- PA TENTS, DESIGNS AND TRADE MARKS ACT. 193 cate at the Patent Office of opposition to registration of the Trade Mark, and the Comptroller shall send one copy of such notice to the applicant. (2.) Within two months after receipt of such notice, or such further time as the Comptroller may allow, the aj^plicant may send to the Comptroller a counter-statement in duplicate of the grounds on which he relies for his application, and if he does not do so, shall be deemed to have abandoned his appKcation. (3.) If the applicant sends such counter- statement, the Comptroller shall furnish a copy thereof to the person who gave notice of opposition, and shall require him to give security in such manner and to such amount as the Comp- troller may require for such costs as may be awarded in respect of such opposition ; and if such security is not given within fourteen days after such requirement was made, or such further time as the Comptroller may allow, the opposition shall be deemed to be withdrawn. (4.) If the person who gave notice of opposition duly gives such security as aforesaid, the Comptroller shall inform the applicant thereof in writing, and thereupon the case shall be deemed to stand for the determination of the Court. 70. A Trade Mark, when registered, shaU be assigned ■^^li'^^l'^^ and transmitted only in connection with the goodwill of ^^^^^f ° "j^, the business concerned in the particular goods or classes of goods for which it has been registered, and shall be determinable with that goodwill. 194 FA TENTS, DESIGNS AND TRADE MARKS ACT. Conflicting 71. Where each of several jjersons claims to be registered registration, as proprietor of the same Trade Mai-k, the Comptroller may refuse to register any of them until their rights have been determined according to law, and the Comptroller may himself submit or require the claimants to submit their rights to the Court. Restrictions 72. (!•) Except where the Court has decided that two on registra- , . . . tion. or more persons are entitled to be registered as proprietors of the same Trade Mark, the Comptroller shall not register in respect of the same goods or description of goods a Trade Mark identical with one already on the Register with respect to such goods or description of goods. (2.) The Compt roller shall not register with respect to the same goods or descripti on of goods a Trade Mark so nearly resembling a Trade Mark already on the Register with respect to such goods or description of goods as to be calculated to deceive. Further re- 73. It shall not be lawful to register as part of or in Btriction on _ _ , registration, combination with a Trade Mark any words the exclusive use of which would, by reason of their being calculated to deceive or otherwise, be deemed disentitled to protection in a court of justice, or any scandalous design. Saving for 74. (1.) Nothing in this Act shall be construed to power to 1 /-N n • T • 1 provide for prevent the Comptroller entering on the register, m the register of prescribed manner, and subject to the prescribed condi- common marks as tions, as an addition to any Trade Mark — additions to " (a.) In the case of an application for registration of a PA TEXTS, BES/G\S A. YD TRADE MARKS ACT. 195 Trade Mark used before the thirteenth day of August, one thousand eight hundred and seventy- five — Any distinctive device, mark, brand, heading, label, ticket, letter, word, or figure, or com- bination of letters, words, or figures, though the same is common to the trade in the goods with respect to which the application is made ; (6.) In the case of an application for registration of a Trade Mark not used before the thirteenth day of August, one thousand eight hundred and seventy- five — Any distinctive word or combination of words, though the same is common to the trade in the goods with respect to which the application is made ; (2.) The applicant for entry of any such common par- ticular or particulars must, however, disclaim in his application any right to the exclusive use of the same, and a copy of the disclaimer shall be entered on the register. (3.) Any device, mark, brand, heading, label, ticket, letter, word, figure, or combination of letters, words, or figures, which was or were, before the thirteenth day of August, one thousand eight hundred and seventy-five, publicly used by more than three persons on the same or a similar description of goods shall, for the purposes of this section, be deemed common to the trade in sucli goods. 196 PATENTS, DESIGNS AND TRADE MARKS ACT. Effect of Begistration. Registration 75. Eeffistration of a Trade Mark shall be deemed to equivalent ^ to public \)Q equivalent to public vise of the Trade Mark. use. -*■ •'■ Eight of 7g rpj^g registration of a person as proprietor of a first proprie- ° ■*■ tortoexciu- Trade Mark shall be prima facie evidence of his right to sive use of -'• trade mark, ^j^g exclusive use of the Trade Mark, and shall, after the expiration of five years from the date of the registration, be conclusive evidence of his right to the exclusive use of the Trade Mark, subject to the provisions of this Act. Kestrictions 77. A person shall not be entitled to institute any pro- on actions for infringe- cecding to prevent or to recover damages for the infringe- ruent,andon » x o & defence to ment of a Trade Mark unless, in the case of a Trade Mark action m certain cases capable of being registered under this Act, it has been registered in pursuance of this Act, or of an enactment repealed by this Act, or, in the case of any other Trade Mark in use before the thirteenth of August, one thousand eight hundred and seventj^-five, registration thereof under this part of this Act, or of an enactment repealed by this Act, has been refused. The Comptroller may, on request, and on payment of the prescribed fee, grant a certificate that such registration has been refused. Register of Trade Maries. Register of 78. There shall be kept at the Patent Office a book trade markf. called the Eegister of Trade Marks, wherein shall be entered the names and addresses of proprietors of registered Trade Marks, notifications of assignments and of trans- PATENTS, DESIGNS AND TRADE MARKS ACT. 197 missions of Trade Marks, and such other matters as may be from time to time prescribed. 79. (1.) At a time, not beinsr less than two months nor Removal of ^ ^ ' <-> trade mark more than three months before the expiration of fourteen ^^^^^°^^-^ years from the date of the registration of a Trade Mark, ^^^^ss fee the Comptroller shall send notice to the registered pro- prietor that the Trade Mark will be removed from the Register unless the proprietor pa^'s to the Comptroller before the expiration of such fourteen years (naming the date at which the same will expire) the prescribed fee ; and if such fee be not previously paid, he shall, at the expiration of one month from the date of the giving of the first notice, send a second notice to the same effect. (2.) If such ^fee be not paid before the expiration of such fourteen yeaxs the Comptroller may, after the end of three months from the expiration of such fourteen years, remove the Mark from the Eegister, and so from time to time at the expiration of every period of fourteen years. (3.) If before the expiration of the said three months the registered proprietor pays the said fee, together with the additional prescribed fee, the Comptroller may, with- out removing such Trade Mark from the Eegister, accept the said fee as if it had been paid before the expiration of the said fourteen years. (4.) Where, after the said three months, a Trade Mark has been removed from the Register for non-payment of the prescribed fee, the Comptroller may, if satisfied that it is just so to do, restore such Trade Mark to the Eegister on payment of the prescribed additional fee. 198 FA TENTS, DESIGNS AND TRADE MARKS ACT. (5.) "Where a Trade Mark has been removed from the Eegister for non-payment of the fee or otherwise, such Trade Mark shall nevertheless, for the purpose of any application for registration during the five years next after the date of such removal, be deemed to be a Trade Mark which is already registered. Fees. Fees for 80. There shall be paid in respect of applications and ifgistraiion, •;,• it -ii. ni-» &c. registration and other matters under this part of this Act, such fees as may be from time to time, with the sanction of the Treasury, prescribed by the Board of Trade ; and such fees shall be levied and paid to the account of Her Majesty's Exchequer in such manner as the Treasury may from time to time direct. Sheffield Marls. b^rut^eri"'^ ^^* "^^^^ respect to the master, wardens, searchers, sh^ffieiY °^ assistants, and commonalty of the Company of Cutlers in marks. Hallamshire, in the county of York (in this Act called the Cutlers' Company) and the Marks or devices (in this Act called Sheffield Marks) assigned or registered by the master, wardens, searchers, and assistants of that com- pany, the following provisions shall have effect : — (1.) The Cutlers' Company shall establish and keep at Sheffield a new Eegister of Trade Marks (in this Act called the Sheffield Eegister) : (2.) The Cutlers' Company shall enter in the Sheffield PA TENTS, DESIGNS AND TRADE MARKS ACT. 190 Register, in respect of cutler}', edge tools, or ravr steel and the goods mentioned in the next sub- section, all the Trade Marks entered before the commencement of this Act in respect of cutlery, edge tools, or raw steel and such goods in the Register established under the Trade Marks Registration Act, 1875, belonging to persons carrying on business in Hallamshire, or within six miles thereof, and shall also enter in such Register, in respect of the same goods, all the Trade Marks which shall have been assigned by the Cutlers' Company and actually used before the commence- ment of this Act, but which have not been entered in the Register established under the Trade Marks Registration Act, 1875. (3.) An application for registration of a Trade Mark used on cutlery, edge tools, or on raw steel, or on goods made of steel, or of steel and iron com- bined, whether with or without a cutting edge, shall, if made after the commencement of this Act by a person carrying on business in Hallamshire, or within six miles thereof, be made to the Cutlers' Company : (4.) Every application so made to the Cutlers' Com- pany shall be notified to the Comptroller in the prescribed manner, and unless the Comptroller within the prescribed time gives notice to the Cutlers' Company that he objects to the accept- ance of the application, it shall be proceeded with 20T PA TENTS, DESIGNS AND TRADE MARKS ACT. by the Cutlers' Company in the prescribed manner : (5.) If the Comptroller gives notice of objection as aforesaid, the application shall not be proceeded with by the Cutlers' Company, but any person aggrieved may appeal to the Court. (6.) Upon the EegistraLion of a Trade Mark in the Sheffield Eegister, the Cutlers' Company shall give notice thereof lo the Comptroller, who shall thereupon enter the Mark in the Eegister of Trade Marks ; and such registration shall bear date as of the day of application to the Cutlers' Company, and have the same effect as if the application had been made to the Comptroller on that day. (7.) The provisions of this Act, and of any general rules made under this Act, with respect to appli- cation for registration in the Eegister of Trade Marks, the effect of such registration, and the assignment and transmission of rights in a regis- tered Trade Mark shall apply in the case of applications and registration in the Sheffield Eegister ', and notice of every entry made in the Sheffield Eegister must be given to the Comp- troller by the Cutlers' Company, save and except that the provisions of this sub-section shall not prejudice or affect any life, estate, and interest of a widow of the holder of any Sheffield Mark which may be in force in respect of such Mark PA TENTS, DESIGNS AND TRADE MARKS ACT. 201 at the time when it shall he placed upon the Sheffield Eegister : (8.) Where the Comptroller receives from any person not carrying on business in Hallamshire or within six miles thereof an application for registration of a Trade Mark used on cutlery, edge tools, or on raw steel, or on goods naade of steel, or of steel and iron combined, whether with or without a cutting edge, he shall, in the prescribed manner, notify the application and proceedings thereon to the Cutlers' Company : (9.) At the expiration of five years from the com- mencement of this Act the Cutlers' Company shall close the Cutlers' Eegister of Corporate Trade Marks, and thereupon all Marks entered therein shall, unless entered in the Sheffield Eegister, be deemed to have been abandoned : (10.) A person may (notwithstanding anything in any Act relating to the Cutlers' Company) be • registered in the Sheffield Eegister as proprietor of two or more Trade Marks : (11.) A body of persons, eorj)orate or not corporate, may (notwithstanding anything in any Act relating to the Cutlers' Company) be registered in the Sheffield Eegister as proprietor of a Trade Mark or Trade Marks : (12.) Any person aggrieved by a decision of the Cutlers' Company in respect of anything done or 202 PA TENTS, DESIGNS AND TRADE MARKS ACT. omitted under this Act may, in the prescribed manner, appeal to the Comptroller, who shall have power to confirm, reverse, or modify the decision, but the decision of the Comptroller shall be subject to a fm-ther appeal to the Court : (13.) So much of the Cutlers' Company's Acts as applies to the summary punishment of persons counterfeiting' Sheffield corporate Marks, that is to say, the fifth section of the Cutlers' Company's Act of 1814, and the provisions in relation to the recovery and application of the penalty imposed by such last-mentioned section contained in the Cutlers' Comjjany's Act of 1791, shall apply to any Mark entered in the Sheffield Eegister. PAET V. GrENEK AL. Patent Office and Proceedings thereat. Seal of 84. There shall be a seal for the Patent Office, and im- patent ' office. pressions thereof shall be judicially noticed and admitted in evidence. Trust not to 85. There shall not be entered in any resfister kept be entered ./ o r in registers, under this Act, or be receivable by the Comptroller, any notice of any trust expressed, impKed, or constructive. PA TENTS, DESIGNS AND TRADE MARKS A CT. 203 86. The Comptroller may refuse to ... • register Ke^fusai to a . . . . Trade Mark, of which the use would, in his P^^^^^-^f^'^- opitiion, be contrary to law or morality. cases. 87. A\Tiero a person becomes entitled by assignment. Entry of X assignment 9 transmission, or other operation of law to . . . .a regis- ^"'^^ ujin^s-^ tered Trade Mark, the ComptroUer shall, on request, and registers. on proof of title to his satisfaction, cause the name of such person to be entered as proprietor of the .... Trade Mark in the register of ... . Trade Marks .... The person for the time being entered in the register of ... . Trade Marks as proprietor of a . . . . Trade Mark .... shall, subject to any rights appearing from such register to be vested in any other person, have power absolutely to assign .... the same and to give effectual receipts for any consideration for such assign- ment .... Provided that any equities in respect of such .... Trade Mark may be enforced in like manner as in respect of any other personal property. 88. Every register kept under this Act shall at all J,^^*^Pf^^*j^" convenient times be open to the inspection of the public, "g*j'^//g"" subject to such regulations as may be prescribed ; and cer- tified copies, sealed with the seal of the Patent Office, of any entry in any such register, shall be given to any person requiring the same on payment of the prescribed fee. 89. Printed or written copies or extracts, pm-porting to sealed be certified by the Comptroller, and sealed with the seal of 204 PA TENTS, DESIGNS AND TRADE MARKS ACT. received in the Patent Office, .... of or from registers and other evidence. _ ° books kept there, shall be admitted in evidence in all Courts in Her Majesty's dominions, and in all proceedings, without further proof or production of the originals. Rectifica- 90. (1.) The Court may, on the application of any tersby '" persou aggrieved by the omission without sufficient cause of the name of a.xiy person from any register kept under this Act, or by any entry made without sufficient cause in any such register, make such order for making, expung- ing, or varying the entry as the Court thinks fit ; or the Court may refuse the application ; and in either case may make such order with respect to the costs of the proceed- ings as the Court thinks fit. (2.) The Court may, in any proceeding under this section, decide any question that it may be necessary or expedient to decide for the rectification of a register, and may direct an issue to be tried for the decision of any question of fact, and may award damages to the party (3.) Any order of the Court rectifying a register shall direct that due notice of the rectification be given to the Comptroller. Power for 91. The Comptroller may, on request in writing, accom- to correct panied by the prescribed fee, — errors, \ r^ (a.) Correct any clerical error in or in connection with an application .... for registration of a . . . . Trade Mark ; or FA TENTS, DESIGNS AND TRADE MARKS ACT. 205 {h.) Correct any clerical error in the name, style, or address of the registered proj)rietor of a . . . . Trade Mark. (c.) Cancel the entry or part of the entry of a Trade Mark on the register : Provided that the applicant accompanies his request by a statutory declaration made by himself, stating his name, address, and calling, and that he is the person whose name appears on the register as the proprietor of the said Trade Mark. 92. (1.) The registered proprietor of any registered Alteration Trade Mark may apply to the Court for leave to add to or mark, alter such Mark in any particular, not being an essential particular within the meaning of this Act, and the Court may refuse or grant leave on such terms as it may think fit. (2.) Notice of any intended application to the Cdflrt under this section shall be given to the Comptroller by the applicant ; and the Comptroller shall be entitled to be heard on the application. (3.) If the Court grants leave, the Comptroller shall, on proof thereof and on payment of the prescribed fee, cause the register to be altered in conformity with the order of leave. 93. If any person makes or causes to be made a false Faisificatinn entry in any register kept under this Act, or a writing renters! ^" falsely purporting to be a copy of an entry in any such register, or produces or tenders or causes to be produced or 206 PA TENTS, DESIGNS AND TRADE MARKS A CT. tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of a misdemeanor. Exercise of 94- Where any discretionary power is by this Act given ^poweTby to the Comptroller, he shall not exercise that power adversely comptro er. ^^ ^^^ applicant .... for registration of a Trade Mark without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard personally or by his agent. Power of 95. The Comptroller may, in any case of doubt or toTike'^° " difficulty arising in the administration of any of the law officers provisions of this Act, apply to either of the law officers for directions in the matter. Certificate 96- A certificate purporting to be under the hand of the of comp- i 1 • 1 • 1 1 troiier to be Comptroller as to any entry, matter, or thing which he is evidence. m> auuiorised by this Act, or any general rules made there- under, to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone. Appiica- 97. (1.) Any application, notice, or other document notices by authorised or required to be left, made or given at the Patent Office or to the Comptroller, or to any other person under this Act, may be sent by a prepaid letter through the post ; and if so sent shall be deemed to have been left, made or given respectively at the time when the letter containing the same would be delivered in the ordinary course of post. (2.) In proving such service or sending, it shall be suffi- PA TENTS, DESIGNS AND TRADE MARKS ACT. 207 cient to prove that the letter was properly addressed and put into the post. 98. Whenever the last day fixed by this Act, or by any Provision as •^ > J J to days for rule for the time beiuof in force, for leaving any document leaviDg o ' n J documents or paying any fee at the Patent Office shall fall on Christmas *' °®°*- Day, Good Friday, or on a Saturday or Sunday, or any day observed as a holiday at the Bank of England, or any day observed as a day of public fast or thanksgiving, herein referred to as excluded days, it shall be lawful to leave such document or to pay such fee on the day next following such excluded day, or days if two or more of them occur consecutively. 99. If any person is, by reason of infancy, lunacy or Declaration , by infant, other inability, incapable of making any declaration or lunatic, ic. doing anything required or permitted by this Act, or by any rules made under the authority of this Act, then the guardian or committee (if any) of such incapable person, or if there be none, any person appointed by any Court or judge possessing jurisdiction in respect of the property of incapable persons, upon the petition of any person on behalf of such incapable person, or of any other person interested in the making such declaration or doing such thing, may make such declaration or a declaration as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of such incapable person, and all acts done by such substitute shall for the purposes of this Act be as effectual as if done by the person for whom he is substituted. 208 PA TENTS, DESIGNS AND TRADE MARKS ACT. Power for 101. (1.) The Board of Trade may from time to time Board of ^ ' '' Trade to make such general rules, and do such things as they think make gene- ° o ./ ciassif^fn^"^ expedient, subject to the provisions of this Act — goods and ,-„ i. i ,• n • , ,• i regu'atiiig (a.) For regulating the practice oi registration under business of patent office. this Act : (&.) For classifying goods for the purposes of . . . . Trade Marks : {g.) Generally for regulating the business of the Patent Office, and all things by this Act placed under the direction or control of the Comptroller, or of the Board of Trade. (3.) General rules may be made under this section at any time after the passing of this Act, but not so as to take effect before the commencement of this Act, and shall (sub- ject as hereinafter mentioned) be of the same effect as if they were contained in this Act, and shall be judicially noticed. (4.) Any rules made in pursuance of this section shall be laid before both Houses of Parliament, if Parliament be in session at the time of making thereof, or, if not, then as soon as practicable after the beginning of the then next session of Parliament, and they shall also be advertised twice in the official journal to be issued by the Comptroller. (5.) If either House of Parliament, within the next forty days after any rules have been so laid before such House, PA TENTS, DESIGNS AND TRADE MARKS ACT. 209 resolve that such rules or any of them ought to be annulled, the same shall, after the date of such resolution, be of no effect, without prejudice to the validity of anything done in the meantime under such rules or rule, or to the making of any new rules or rule. 102. The Comptroller shall, before the first day of June in Annual ^ _ reports of every year, cause a report respecting the execution by or comptroller. under him of this Act to be laid before both Houses of Parliament, and therein shall include for the year to which each report relates all general rules made in that year under or for the purposes of this Act, and an account of all fees, salaries, and allowances, and other money received and paid under this Act. International and Colonial Arrangements. 103> (1.) If Her Majesty is pleased to make any arrange- interna- ment with the government or governments of any foreign arrange. o ° ^ ^ ments for State or States for mutual protection of ... . Trade ?;^;;-^°'>°/^ Marias .... then any person who has applied for ^^i'^^^^lf^ protection for any .... Trade Mark in any such State, shall be entitled .... to registration of his . . . . Trade Mark .... under this Act, in priority to other applicants ; and such .... regis- tration shall have the same date as the date of the protection* obtained in such foreign State. * By the Patents, Designs, and Trade Marks Amendment Act, 1885, the words " date of the application " are substituted for the words " date of the protection," occurring in the first paragraph of Sec. 103, as above. P 210 PA TENTS, DESIGNS AND TRADE MARKS ACT. Provided that his application is made, in the case of a . . . . Trade Mark within four months^ from his applying for protection in the foreign State with which the arrangement is in force. Provided that nothing in this section contained shall entitle the proprietor of the ... . Trade Mark to recover damages for infringements happening prior to the date of . J^f. . the actual registration of his . . , . Trade Mark in this country, as the case may be. (2.) The use in the United Kingdom or the Isle of Man during the .... period aforesaid .... of the Trade Mark, shall not invalidate .... the regis- tration of the Trade Mark : (3.) The application for registration of a Trade Mark, under this section, must be made in the same raauner as an ordinary application under this Act : Provided that . . . . any Trade Mark, the registration of which has been duly applied for in the country of origin may be regis- tered under this Act : (4.) The provisions of this section shall apply only in the case of those foreign States with respect to which Her Majesty shall from time to time, by Order in CouncU, declare them to be applicable, and so long only in the case of each State as the Order in Council shall continue in force with respect to that State. Provisionfor 104. (1.) Where it is made to appear to Her Majesty that India. the legislature of any British possession has made satis- PATENTS, DESIGNS AND TRADE MARKS ACT. 'JIL factory provision for the protection of ... . Trade Marks registered in this country, it shall be lawful for Her Majesty from time to time, by Order in Council, to apply the provisions of the last preceding section, with such variations or additions, if any, as to Her Majesty in Council may seem fit, to such British possession. (2.) An Order in Council, under this Act, shall, from a date to be mentioned for the purpose in the Order, take effect as if its provisions had been contained in this Act ; but it shall be lawful for Her Majesty in Council to re- voke any Order in Council made under this Act. Off€,nces. 105. (1.) Any person who represents that any article Penalty on sold by him is a patented article, when no patent has been presentin? , „ , 1 -1 1 . articles to be granted tor the same, or describes any design or Trade Maik patented. applied to any article sold by him as registered which is not so, shall be liable for every offence, on summary conviction, to a fine not exceeding five pounds. (2.) A person shall be deemed, for tlie purposes of this enactment, to represent that an article is patented or a design or a Trade Mark is registered, if he sells the article with the word "patent," "patented," "registered," or any word or words expressing or implying that a patent or registration has been obtained for the article stamped, engraved, or impressed on, or otherwise applied to, the article. 108. Any person who, without the authority of Her Penalty on Majesty, or any of the Eoyal Family, or of any Govern- lled^ssuiLp- 212 PA TENTS, DESIGNS AND TRADE MARKS ACT. tionofEoyal ment Department, assumes or uses in connection with any arms. trade, business, calling, or profession tbe Royal Arms, or ai'ms so nearly resembling the same as to be calculated to deceive, in such a manner as to be calculated to lead other persons to believe that he is carrying on his trade, business, calling, or profession by or under such authority as aforesaid, shall be liable, on svimmary conviction, to a fine not exceeding twenty pounds. SummaTy 108- In Scotland any offence under this Act declared to proceedings m Scotland, be punishable on summary conviction may be prosecuted in the Sheriff Court, General 111. (1.) The provisions of this Act confei-ring a special saviug for jurisdiction iurisdiction on the Court as defined by this Act, shall not, * of courts. ^ ' J p except so far as the jurisdiction extends, affect the jurisdic- tion of any Court in Scotland or Ireland in any proceedings relating to ... . Trade Marks ; and with reference to any such proceedings in Scotland, the term "the Court" shall mean any Lord Ordinary of the Court of Session, and the term " Court of Appeal " shall mean either Division of the said Court ; and with reference to any such proceedings in Ireland, the terms "the Court" and "the Court of Appeal " respectively mean the High Court of Justice in Ireland and Her Majesty's Court of Appeal in Ireland. (2.) If any rectification of a register under this Act is required in pursuance of any proceeding in a Court in Scot- land or Ireland, a copy of the order, decree, or other PATENTS, DESIGNS, AND TRADE MARKS ACT. 213 authority for the rectification, shall be served on the Comp- troller, and he shall rectify the register accordingly. 112. This Act shall extend to the Isle of Man, and — isle of Man. (1.) Nothing in this Act shall affect the jurisdiction of the Courts in the Isle of j\Ian, in proceedings for infringement or in any action or proceeding respect- ing a . . . . Trade Mark competent to those Courts ; (2.) The punishment for a misdemeanor under this Act in the Isle of Man shall be imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceed- ing one hundred pounds, at the discretion of the Court ; (3.) Any offence under this Act committed in the Isle of Man, which would in England be punishable on summaiy conviction may be prosecuted, and any fine in respect thereof recovered at the instance of any person aggrieved, in the manner in which offences punishable on summary conviction may, for the time being, be prosecuted. Repeal; Transitional Provisions ; Savings. 113. The enactments described in the Third Schedule to Repeal and savins; for this Act are hereby repealed. But this repeal of enactments [fo^°f y"" shall not- |ifi; (a.) Affect the past operation of any of those enact- ments, or any .... right to use a Ti'ade 214 PA TENTS, DESIGNS AND TRADE MARKS ACT Mark gi'anted or acquired, or application pending, or appointment made, or compensation granted, or order or direction made or given, or right, privilege, obligation, or liability acquired, accrued, or incurred, or anything duly done or suffered under or by any of those enactments before or at the commencement of this Act ; or (6.) Interfere with the institution or prosecution of any action or proceeding, civil or criminal, in respect thereof, and any such proceeding may be carried on as if this Act had not been passed ; or (c.) Take away or abridge any protection or benefit in relation to any such action or proceeding. Former 114. (2.) The registers of Trade Marks kept under any resisters to ^ ' ° ^ •' be deemed enactment repealed by this Act, shall respectively be deemed parts of the same book as the register of Trade Marks kept under this Act. Savin? for 115. All general rules made by the Lord Chancellor or existing ru es. }jy any other authority under any enactment repealed by this Act, and in force at the commencement of this Act, may at any time after the passing of this Act be repealed, altered or amended by the Boai'd of Trade, as if they had been made by the board under this Act, but so that no such repeal, alteration or amendment shall take effect before the commencement of this Act ; and, subject as aforesaid, such general rules shall, so far as they are consistent with and are not superseded by this Act, continue in force as if PA TENTS, DESIGNS AND TRADE MARKS ACT 215 they had been made by the Board of Trade under this Act. General Definitions. 117. (1.) In and for the purposes of this Act, unless the Generai^^^ context otherwise requires, — " Person " includes a body corporate : " The Court " means (subject to the provisions for Scot- land, 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 mean- ing 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 territories 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 216 PA TENTS, DESIGNS AND TRADE MARKS ACT.] 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 Juris- diction 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. INTERNATIONAL EEGISTEATION OF TEADE MAEKS. The foundation stone of a system of international registration was laid at Paris in March, 1883, when eleven important States,* some of them of the first rank, pledged themselves to concede to foreigners equal rights with natives in regard to patents, designs, or models, Trade Marks, and trade names. By the convention then completed (International Convention for the Protection of Industrial Property) it was agreed that every Trade Mark, duly registered in the country of origin, should be admitted for registration, and protected in the form originally registered in all the other countx-ies of the Union formed by the States then adhering, or that might subsequently adhere to the terms thereof. This was a most important step. There, however, still i-emains the point whether any Trade Mark " duly registered " in any country that is a * Belgium, Brazil, Spain, Prance, Guatemala, Italy, Holland, Portugal, Salvador, Servia and Switzerland. Salvador has since withdrawn from the Convention, but Great Britain, Norway, San Domingo, Sweden, Tunis, and the United States have signified their adhesion thereto. 218 INTERNATIONAL REGISTRATION. party to the Convention must be considered as a Trade Mark capable of registration in any other country that is also a party thereto. No definition of a Trade Mark was agreed to either by the Paris Convention or the subsequent Conference at Rome last year ; and thus, although the pro- visions of the former, as above quoted, have been acted upon so far as tlie acceptance of British Marks in the form in which they have been registered here, even when not in accordance with the definitions in force in the foreign country, objections may arise in regard to Marks " duly registered " in one country, on the ground of their not being regarded as Trade Marks in some other where registration is sought. Thus the Patent Office here would refuse to accept from a British trader a portrait of the Queen as a Trade Mark, and it can hardly be supposed that a foreigner who had registered the portrait in his own country would be allovved, under the conventional arrange- ments, to register it here. A well-known authority on the subject of Trade Marks raises this point in connection with his review of section 103 of the Patents, Designs and Trade Marks Act of 1883. He says :— * " This section is new. In the case of Trade Marks used by aliens, the existence of a Convention between the State to which the alien belongs and the British Government is not a necessary condition precedent to his registration here. If he has applied for registration in his own country he may be registered here (see sub.-s. 3), but if there is a Convention * The Law of Trade Marks. Sebastian. SecoDd edition, 1884. Page 334. INTERNA TIONAL REGIS TRA TION. 219 between his country and this he will have the advantage of priority to other applicants. The Act does not say that to obtain priority the application for registration in a foreign State with which there is a Convention must have been made by a subject of that State. That is apparently the intention of the section, but there is nothing to say that the same priority is to be refused to a subject of a different State with which there may possibly be no Convention, or even to a British subject who has applied in a country with which there is a Convention. On the other hand, in the proviso, in sub.-s. (3) the term ' country of origin ' is employed. Again, in sub.-s. (3) the words are, 'has been dulij applied for,' whereas in sub.-s. (1) there is nothing about ' duly,' and for all that appears the application may be one which could not possibly succeed in the foreign country. Of course a foreign Trade Mark could not he registered here unless it complied vjith the conditions of section 64." The last sentence is not italicised in the original. Mr. Sebastian evidently holds that a Trade Mark coming from abroad must be one that accords with the definition given in the section last referred to (section 64 of the Patents, Designs and Trade Marks Act, 1883).* * The difference between protection and registration must not be lost sight of. Where the latter is, the former will doubtless be, but the converse does not necessarily follow, provision being made in the Patents, Designs and Trade Marks Act, 1883, and the Merchandise Marks Act, 1887, for Foreign and Colonial Marks protected in the country of origin with or without registration. 220 INTERNATIONAL REGISTRATION. Another point is that of classification. In some countries there exists no system of classification whatever, nor has any attempt to construct one been made for international purposes. During the proceedings of the Conference at Rome last year the question was brought forward in the shape of a proposition for the institution of such a system. This proposition, however, having been somewhat sudden and unexpected was put aside. The British Assistant-Dele- gates, Mr. Charles Belk (the Master Cutler), and Mr. Herbert Hughes, in their communication to the President of the Board of Trade respecting the proceedings at the Conference, expressed regi'et that this course had been adopted, their belief in the desirability of such a classification, and their opinion that the expense and trouble involved in its prepa- ration would be completely outweighed by the benefits that would be conferred upon manufacturers and merchants in all countries. Besides dealing with the rights of individual manufac- turers and purchasers, the international arrangements make provision for the protection of Corporations by the seizure in any of the contracting States of articles bearing false indications of origin ; but the value of this provision is somewhat discounted by the fact that there is no obligation upon the authorities of any State to efiect seizure, and that if the additional articles to the Convention, as agreed to at Rome, be ratified, no fraud can be imputed in cases where the false representation is made with the consent of the manufacturer whose name appeal's on the goods imported. INTERNA 7J0NAL LEG IS TEA TJCN. The next Conference, in pursuance of the tei'ms of the original Convention, will be held at Madrid in 1889, and the re-registration of Trade Marks in the United Kingdom will not commence until January, 1890, by which time it may be fairly hoped that the various points referred to, viz., defini- tion, classification and conditions of seizure will be settled upon a permanent and satisfactory basis.* * The articles of the Paris Convention, with the "Additional Articles" proposed at the Eome Confererce, referring to Trade Marks, appear en page 234. FOREIGN AND COLONUL REGISTEATIONS. Trade ^Iabks can now be registered throughout the greater part of the world. The impoi-tance to British manufacturers of registration in foreign countries and colonies need not be insisted upon in view of the enormous proportion of British goods manu- factured for exportation relatively to those produced in certain industries for home consumption, and the fact that the improper use of the Marks of British owners abroad has been no inconsiderable element amongst those which have contributed prejudicially to the interests of British trade in many foreign markets, and to that loss of reputation which so frequently follows the purchase of goods beai-ing such Marks, and erroneously supposed to be of British origin.* * German Imitations of Trade Marks. — The German commercial journal, Export, which is the organ of the Berlin central committee for the increase of German interests abroad, discnsses in a recent issue the charges made against German manufacturers of falsifying foreign Trade Marks. It says that while German Consuls in all parts of the world are reporting that German merchants disdain to employ foreign Marks for their goods, and are exhibiting a laudable pride in using their own Trade Marks on merchandise, which is not FOREIGX AND COLONIAL REGISTKATJON. 223 The following particulars of the forms and procedure necessary in the principal cotintrieB and colonies wbere re- gistration can be effected "will prove of service to all intereeted in the subject. onlj as good bnt nmdh better than that from other ooontdes, com- meraal joomala erexTwbere aze acenring tiie Germans of falafica- tkm of foreign Mazfai, and aze calln^ alood for pmtectioa from this fiaod. "SteoA, BritiBb, Amevieans, and lialiaas Tie widi eaA otbor in slandezuig German indnsixies. These oompkunts, ssfs the German writer, aze as Uke each other ae two eggs ; but in all eases they^ avoid names and facts, and aze confined to general de- mnMaatioBS, so that one gets the imptessiaa that thej- all eome {ram one sonroe^ and that a fool one. Two ertraets 3re taken by way of sample ; lii» fiist is a cooqilaint by TL Comtmercw, of lEHan^ the other by the Bri^gk MkreamtHe GaxeUe, both, ihid Gecman wtiter aJkges, bdmg due to mezeantde spite. He rqwdjates, on behalf dt German merehanlB, the ehazges made, and demands specific facts and proois in order tiiat 'Qaej may be examined and answered. Until these aze prodnoed he be^ f^xeiga adHea of German indnstzy to be a litde more modest. Ifean^ddle he aalka how it is,if German mamtfafiur p m see leally so ieCeriin:, tiiat they ■re so soooesafol y*"! sze inezeasii^ so rapidly. A^nme that they aze imitations aiwl ate nnder foreign marling iubej most be better *lMm the f orogn wares under the same Mazfcs. Woold German mamij^wtazea hare increased as they hare done nnlea their mer* f httnMf^ Tf^^Jf « ■ " ■ i wt M n ded in inttinae egeeMeoeeto thelbzfa ont- side? «Peo^ may cry as much as they Uke for State aid; that Imm no mflngwtsa on OS, for the Only peTBons jiotified incritimiBg OCT wares are the fote%n pnrdiaaeriV ^'^ ^ them we euouuit the jadgnuBt.'' The editor drf the joomal observes ina note that he is persuaded the sooree of these violent annanltiB on German trade is Fkzu, and principalty the Fatziotieliesgine there, wfaid, knowing that other coontzies aze not to be made anti-Gemoa by politaeB, u now oigaged in l Air rm g; np eomsMxcial aaimoeity. He qoot^ ihe agitation in Spain as an instaoaee, and in eondmoon calls on the German press abroad, as well as individaal Germans^ to zepodiate 224 FOREIGN AND COLONIAL REGISTRA TION. EUROPEAN COUNTRIES. Austria- Hungary. — 1. A Power of Attorney, legalised by an Austrian Consul. 2. A Certificate of Registration in the applicant's native country, legalised by an Austrian Consul. 3. Two wood blocks or electrotypes of the Mark, 4. Pour copies of the Mark. (Term of protection three years.) Belgium. — 1. A Power of Attorney ; no legalisation neces- sary. 2. A wood block or electrotype, not exceeding 10 x 8 centimetres.* 3. Three copies of the Mark. (Protection in perpetuity.) Denmark. — 1. Full name and address of the Trade Mark owner. the charges made against German industry, and at the same time to repress and expose all improper commercial methods. — Times, Monday, Oct. 3, 1887. [How unwarranted this remonstrance is will be best understood by those British firms whose Marks have not only been used by German manufacturers, bat actually registered by them in their own country.] * A metre is rather more than a yard — say 39 inches. The centi- metre is one hundredth part thereof. FOREIGN AND COLONIAL REGISTRA TION. 225 2. A description of the Mark and of the mode of employment. 3. Four copies of the Mark. 4. A Certificate showing that the Mark is registered in the applicant's country, and is his sole property. 5. A Power of Attorney, legalised by a Danish Consul. 6. Two wood blocks or electrotypes, one entirely of metal, and neither exceeding 10 x 15 centimetres. (Protection for ten years, before the expiration of which time it can be extended for the like period, and so on.) France. — 1. A Power of Attorney, attested by a Notary, and legalised by a French Consul. 2. Three copies of the Mark. 3. A description of the goods for which the Mark is used, and particulars of the mode of applying it. (Protection for fifteen years, and capable of extension upon application before expiration of that term.) Germany. — 1. A form of application, together with a declaration stating that the owner acknowledges the jurisdiction of the Board of Trade at Leipsic, and legalised by a German Consul. 2. A list of the goods to which the Mark is ajBfixed, and particulars of the mode of its application. 3. Four copies of the Trade Mark, not exceeding 3 centimetres square, Q 226 FOREIGN AND COLONIAL REGISTRATION. 4. A wood block, stereotype, or electrotype of the same size as the copies, 5. A certificate showing that the Trade Mark is regis- tered in the applicant's native country. This must be legalised by a German Consul. (The term of protection is ten years, before the expira- tion of which it can be extended for a similar period from time to time.) Holland. — 1. A Power of Attorney, which need not be legalised. 2. Four copies of the Mark. 3. One wood block or electrotype. (Protection as in France). Italy. — 1 . A Power of Attorney legalised by an Italian Consul. 2. A Certificate showing that the Trade Mark is regis- tered, and the sole property of the applicant in his own country. (Protection in perpetuity). Luxembourg. — 1. A Power of Attorney, which need not be legalised. 2. An electro mounted on wood, not exceeding 8 X 10 centimetres. FOREIGN AND COLONIAL REGISTRATION. 227 3. Particulars as to the size iu which the Mark is employed, the colours (if any) and the nature of the goods in connection with whicli it is used. (Protection for ten years). Norway. — 1. Full name and address of owner. 2. A description of the Mark, and of the goods for which it is used, and the mode of its employment. 3. Two wood blocks or electrotypes of the ^lark. 4. Four copies of the Mark. 5. A Certificate showing that the Mark is registered in the applicant's own country, and is his sole property. 6. A Power of Attorney, legalised by a Norwegian Consul. (Protection for ten years, and capable of extension for a further similar term before the expiration of such period of ten years.) Portugal. — 1. A Power of Attorney, legalised by a Portu- gese Consul. 2. Eight copies of the Mark. 3. An exact description of the Mark, with particulars of the mode of its employment. 4. Full name, nationality, profession, domicile, etc., of the applicant. (Protection in perpetuity.) 228 FOREIGN AND COLONIAL REGISTRATION. Russia. — 1. A Power of Attorney, legalised by a Russian Consul. 2. Certificate, legalised by a Russian Consul, showing that the Mark is registered in applicant's own country, and is his sole property. 3. Three copies of the Mark. (Protection in perpetuity. ) Spain. — 1. A Power of Attorney, legalised by a Spanish Consul. 2. Certificate of Registration in applicant's own country, legalised by a Spanish Consul. 3. Two copies of the Mark. (Protection for ten years.) Sweden. — 1. Full name and address of the proprietor of the Trade Mark. 2. A full description of the Mark and of the article for which it is used, and the manner of employing it. 3. Two wood blocks or electrotypes of the Mark. 4. Four copies of the Mark. 5. A Certificate of Registration in applicant's own country. 6. A Power of Attorney, legalised by a Swedish Consul . (Term of protection ten years, capable of extension before the expiration of that term for ten further years.) FOREIGN AND COLONIAL REGISTRATION. 229 SwiTZERLAJ^D. — 1. A Power of Attorney, legalised by a Swiss Consul, and showing the domicile of the petitioner. 2. A Certificate of Registration in applicant's own countiy. 3. A wood block or electrotype not exceeding 10 centimetres square. 4. Four copies of the Trade Mark. 5. A full list of the goods for which the Mark is used, and particulars of mode of using it. (Protection for fifteen years, capable of extension upon application before expiration of that term.) Turkey. — 1. Description of Mark. 2. Three copies of Mark. 3. Power of Attorney, legalised by an Ottoman Consul. NON-EUROPEAN COUNTRIES AND COLONIES. Cape Colony. — 1. A formal application, giving name, address and business of applicant, a description of the goods, particulars of the class in which registration is required, and copy of Mark. 230 FOREIGN AND COLONIAL REGISTRATION. 2. A Form of Declaration certifying to the accuracy of the statements made in the application. Both declaration and application must be attested by some competent authority. 3. Three wood blocks or electrotypes. (Protection for fourteen years, renewable before expiration of that period.) Dutch Colonies (Batavia, etc.). — 1. Power of Attorney, legalised by a Dutch Consul in the applicant's own country, and by the Dutch Foreign and Colonial Ministers at the Hague. 2. Certificate of Registration in applicant's own country. 3. Three copies of the Mark, with particulars of goods. Hong Kong. — An application supported by affidavit, and transmitted through the Colonial Office. Argentine Republic. — 1. Six copies of the Mark. 2. Description of the Mark, with particulars of goods to which applied. 3. A Power of Attorney, legalised by Consul repre- senting the Republic. 4. Certificate of Registration in applicant's own country, legalised as above. (Protection for ten years). FOREIGN AND COLONIAL REGISTRATION. 231 Brazil.— 1. A Power of Attorney, legalised by a Brazilian Consul. 2. Four copies of the Mark. 3. A description of the Mark. 4. A printing block for use in the official Gazette. 5. Full particulars of residence and business of applicant. Chili. — Requirements (same as Argentine Republic, items 1, 2, 3 ) (Protection for ten years.) N.B. — All Marks used in this country must bear one of the following abbreviations :— M. de F. (in case of a manu- facturer's Mark), or M. C. (in case of a commercial mark). Uruguay. — Requirements (same as Argentine Republic, items, 1, 2, 3). Canada. — 1. A formal application, with duplicate, each bearing copy of Mark. 2. Four copies of Mark. (Protection— for a specific Trade Mark, i.e., one used for the sale of a special class of goods — twenty- five years, renewable before the expiration of that term ; for a general Trade Mark, used as the Trade Mark of the owner generally, protection is perpetual. The fees in the latter case are higher.) 232 FOREIGN AND COLONIAL REGISTRATION. UxiTED States. — A formal declaration, attested by a Consul of the United States. 2. A statement furnishing particulars of name, resi- dence, place of business, Mark, goods to which applied, essential features, date of user, and mode of application. .3. A mounted copy of Mark. 4. Ten unmounted copies. (Protection for thirty years.) New South "Wales, New Zeala>t), South Australia, Tas- mania. — 1. A formal application. 2. Two copies of the Mark. (N.B. — In these colonies the classification system does not prevail, and a Mark may thus be registered under one appli- cation for any kind of goods.) Queensland. — 1. Statement of address to which official documents to be forwarded to applicant's agent. 2. A form of application in accordance with the " Patents, Designs and Trade Marks Act, 1884." 3 . Three copies of Mark. 4. A wood block or electrotype. Victoria. — 1. Form of application. 2. Four copies of Trade Mark. 3. Wood block or electro. FOREIGN AND COLONIAL REGISTRATION. 233 Western Australia, — Same as for Victoria. (N.B. — In Queensland, Victoria, and Western Australia the classification system prevails.) (Protection in Victoria is for seven years, and renewable at the expiration of that term ; in Queensland, Western Australia, South Australia, and Tasmania fourteen years.) CONSULAR LEGALISATION. The signatures of the Comptroller, the Deputy Comp- troller, and the Registrar of Designs and Trade Marks, and the Seal of the Patent Office are now verified by the Consuls of the under-mentioned States, resident in London, without the intervention of a Notary : — Argentiae Republic. Austria- Hungary. Bolivia. Chili. Colombia. Denmark. Ecuador. France. Germany. Greece. Guatemala. Haiti. Hawaiian Islands. Italy. Japan. Liberia. Mexico. Netherlands. Nicaragua. Norway. Orauge Free State. Paraguay. Portugal. Rou mania- Russia. Slam. Sweden. Switzerland. Turkey. United States. Uruguay. INTERNATIONAL CONVENTION FOE THE PROTECTION or INDUSTRIAL PROPERTY. Article II. The subjects or citizens of each of the contracting State shall, in all the other States of the Union, as regards patents, industrial designs or models. Trade Marks and trade names, enjoy the advantages that their respective laws now grant, or shall hereafter grant, to their own subjects or citizens. Consequently, they shall have the same protection as the latter, and the same legal remedy against any infringement of their rights, provided they observe the formalities and conditions imposed on subjects or citizens by the internal legislation of each State. Article III. Subjects or citizens of States not forming part of the Union, who are domiciled or have industrial or commercial establishments in the territory of any of the States of the INTERNATIONAL CONVENTION. 285 Union, shall be assimilated to the subjects or citizens of the contracting States. Article IV. Any person who has duly applied for .... a Trade Mark in one of the contracting States, shall enjoy, as regards registration in the other States, and reserving the rights of third parties, a right of priority during the periods hereinafter stated. Consequently, subsequent registration in auy of the other States of the Union before expiry of these periods shall not be invalidated through any acts accomplished in the interval, either, for instance, by another registration . . . or by use of the Trade Mark. The above-mentioned terms of priority shall be ... . three months for ... . Trade Marks. A month longer is allowed for countries beyond sea. Article VI. Every Trade Mark duly registered in the country of origin shall be admitted for registration, and protected in the form originally registered in all the other countries of the Union. That country shall be deemed the country of origin where the applicant has his chief seat of business. 236 INTERNATIONAL CONVENTION. If this chief seat of business is not situated in one of the countries of the Union, the countiy to which the applicant belongs shall be deemed the country of origin. Registration may be refused if the object for which it is solicited is considered contrary to morality or public order. Article VII. The nature of the goods on which the Trade Mark is to be used can in no case be an obstacle to the registration of the Trade Mark. Article VIII. A trade name shall be protected in all the countries of the Union, without necessity of registration, whether it form part or not of a Trade JNIark. Article IX. All goods illegally bearing a Trade Mark or trade name may be seized on importation into those States of the Union ■where this Mark or name has a right to legal protection. The seizure shall be effected at the request of either the proper public department or of the interested party, pur- suant to the internal legislation of each country. Article X. The provisions of the preceding article shall apply to all INTERNATIONAL CONVENTION. 237 goods falsely bearing the name of any locality as indication of the place of origin, when such indication is associated with a trade name of a fictitious character or assumed with a fraudulent intention. Any manufacturer of, or trader in, such goods, established in the locality falsely designated as the place of origin, shall be deemed an interested party. Article XI. The High Contracting Parties agree to grant temporary protection to ... . Trade Marks, for articles exhibited at official or officially recognised International Exhibitions, Article XII. Each of the High Contracting Parties agrees to establish a special Government Department for industrial property, and a central office for communication to the public of .... Trade Marks. Article XIII. An international office shall be organised under the name of " Bureau International de I'llnion pour la Protection de la Propriete Industrielle " (International Office of the Union for the Protection of Industrial Property). This office, the expense of which shall be defrayed by the Governments of all the Contracting States, shall be placed 238 INTERNATIONAL CONVENTION. imder the high authority of the Central Administration of the Swiss Confederation, and shall work under its super- vision. Its functions shall be determined by agreement between the States of the Union. Article XIV. The present Convention shall be submitted to periodical revisions, with a view to introducing improvements calcu- lated to perfect the system of the Union. To this end Conferences shall be successively held in one of the Contracting States by Delegates of the said States. The next meeting shall take place, in 1885, afc Rome. Article XV. It is agreed that the High Contracting Parties respectively reserve to themselves the right to make separately, as between themselves, special arrangements for the protection of Industrial Property, in so far as such arrangements do not contravene the provisions of the present Convention. Article XVI. States which have not taken part in the present Conven- tion shall be permitted to adhere to it at their request. Such adhesion shall be notified officially through the INTERNATIONAL CONVENTION. 239 diplomatic channel of the Government of the Swiss Con- federation, and by the latter to all the others. It shall imply complete accession to all the clauses, and admission to all the advantages stipulated by the present Convention. Article XVII. The execution of the reciprocal engagements contained in the present Convention is subordinated, in so far as neces- sary, to the observance of the formalities and rules established by the Constitutional laws of those of the High Contracting Parties, who are bound to procure the application of the same, which they engage to do with as little delay as possible. Article XVIII. The present Convention shall come into operation one month after the exchange of ratifications, and shall remain in force for an unlimited time, till the expiry of one year from the date of its denunciation. This denunciation shall be addressed to the Government commissioned to receive adhesions. It shall only afiect the denouncing State, the convention remaining in operation as regards the other Contracting Parties. Article XIX. The present Convention shall be ratified, and the ratifica- tions exchanged in Paris, within one year at the latest. 240 INTERNATIONAL CONVENTION. Id witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto their seals. Done at Paris the 20th March, 1883. In the final protocol of the Conference the following interpretations were adopted. The words " Industrial Property " are to be understood in their broadest sense ; they are not to apply simply to industrial products properly so called, but also to agricultural products (wines, corn, fruits, cattle, etc.,), and to mineral products employed in commerce (mineral waters, etc.). Paragraph 1 of Article VI. is to be understood as meaning that no Trade Mark shall be excluded from pro- tection in any State of the Union, from the fact alone that it does not satisfy, in regard to the signs composing it, the conditions of the legislation of that State ; provided that on this point it comply with the legislation of the country of origin, and that it had been properly registered in said counti-y of origiD. With this exception, which relates only to the form of the Mark, and under reserve of the provisions of the other Articles of the Convention, the internal legis- lation of each State remains in force. INTERNATIONAL CONVENTION. 241 ADDITIONAL ARTICLES TO THE PARIS CON- VENTION, 1883, AS PROPOSED AT THE CONFERENCE AT ROME, 1886. To Article V. Each country will determine the sense in which the term " exploiter " (working) is to be interpreted within its own limits. To Article X. 1, Any article improperly bearing a false indication of origin, is liable to seizure upon importation into any of the contracting States. Seizure may be efiected in the country in which the false indication has been applied, as well as in that into which the article has been introduced. Seizure will be effected upon the demand of the authori- ties, or of any interested party, whether an individual or a society, in conformity with the internal legislation of each State. The Courts of the several countries will decide as to what terms, by reason of their generic character, do not come within the present stipulations. 242 INTERNATIONAL CONVENTION. The authorities are not under obligation to effect seizure in transit, 2. Fraudulent intention is not to be considered as existing in such cases as are provided for by the first paragraph of Article X, of the Convention, when there is proof that the representation has been jnade with the consent of the manufacturer whose name appears on the goods imported. The present additional articles will be ratified, and the ratifications exchanged at Rome within one year, or sooner if possible. They will come into operation one month after the exchange of ratifications, and will have the same force as the Convention. INDEX. Abandonment of Trade Mark, 153. Abroad (see Foreign country). Accessories, Punishment of, 179. Action, Continuance of, 119. Actions, Restrictions on, 196. Additions to Trade Mark, 4, 5, 191, 194, 195. Address, Alteration of, 89. Form of Application for Alteration of, 101. Adverse user. Length of, 149. Advertisement of Application for Registration, 81, 192. Agent, 112, 120, 121, 129. Agents must be authorised, 79. Alteration of address, 89. Form of Application for, 101. or Rectification of Register (see Register). America (see Brazil, Canada, &c.) "Anchor" device, 118. "Angostura " Bitters, 144. Annual Reports of Comptroller, 209. Appeal from Cutlers' Company, Form of. 111. to Board of Trade, 80. Form of, 96. Court, Eight of, 1.39. 244 INDEX. Application to Court, Notice to Comptroller of, 89. for Registration, 6, 190. ditto, Advertisement of, 81, 192. ditto. Form of, 94. ditto, Limit of time for proceeding with, 191. Argentine Eepnblic, Eequirements for Registration in, 230. Arms, National, 9. Royal, 211. " Aromatic" Bitters, 144. Assignment of Trade Mark, 193. Entry on Register of, 135, 203. Form of notice of, 99. (Registration of) not a condition precedent to right to sue, 138. "Athena," 133. Australia, Eequirements for Registration in, 232, 233. Austria-Hungary, Requirements for Registration in, 224. B. Batavia (see Dutch Colonies). Belgium, Requirements for Registration in, 224. Blocks for advertising Mark, 81, 82. Board of Trade, Appeal to, 80, 81. Form of appeal to, 96. General rules to be made by, 208. Bond, Form of, 84, 85, 86. "Berwick's Baking Powders," 162. Brand, 120. BrazU, Eequirements for Registration in, 231. 0. Canada, Eequirements for Eegistration in, 231. Cancellation of entry on Eegister, 158, 159- INDEX. 245 Cancellation, Form of application for, 103. ditto. Declaration in support of application for, 104. Cape Colony, Requirements for Registration in, 229, " Carriage Bazaar," The, 144. The New, 144. Certificate of Comptroller, 109. ditto, to be evidence, 206. of refusal to Register, Form of Request for, 100. for use in legal proceedings, ditto, 107- ditto, Obtaining Registration abroad, ditto, 106. Certificates, Power of Comptroller to grant, 90. Checks, 9. Chili, Requirements for Registration in, 231 . China {see Hong Kong). " Civil Service Boot Supply," 144. " Civil Service Supply Association," 144. Claims to Registration, Conflicting, 194. Class, Registration for part of, 151, 152. ditto, whole, 151, 152. Classification, Alphabetical, 15. Q-eneral, 10. Clerical error, Form of application for correction of, 105. Power of Comptroller to correct, 204, 205. " Cock " device, 119. Collateral misrepresentation by plaintiff, 144. Colonies and India, Provisions respecting, 210. Coloui-, 118, 192. Colourable variation, 140, 141, 142. Coloured ground-work, 9. Commendation, 163. Common Marks, 156, 194, 195. ditto, in the iron trade, 116, 136. Words, 134. " Common to the trade," 15<3. 246 INDEX. Comptroller, Powers of, 148, 203, 204, 205, 206. Eeports of, 209. Conditions of Registration, 191. Conflicting claims to Registration, 194. Connection of Trade Mark with goods, 192. Consignee, 120, 130. Consular legalisation, 233. Continuance of action, 119. " Copyright," 9. Correction of clerical error, 105. Costs, 123, 129, 155. of defence, 181. of prosecution, 181. Cotton Marks, 6, 9, 10. Counter statement. Form of, 83, 84. Crown eases reserved, 160. Crown, Royal, 9. Custom of trade, (Manchester), 112. Customs Consolid ition Act, Reference to, 182. Powers of Commissioners of, 182. Cutlers' Company, Form of appeal from. 111. Registration by, 198. Cutlery (see Sheffield Marks). D. Days for leaving documents at Office, 207. Deception, evidence of, 144, 145. Declaration by infant or hmatic, 207. in support of AppUcation to cancel entry on Register, 104. Declarations, Statutory, 90. Defence, costs of, 179. Restrictions on, 196. Definitions of Trade Mark, 4, 191. INDEX. 247 Definitions under Mcrcliandise Marks Act, 1887, 171. ditto, Patents, Designs and Trade Marks Act, 1883, 215. Delay, 142. Descriptive Words, 134. Dissolution of Partnership, 131. Distinctive Letters, 148. Mark, 136. "Words, 127, 166. ** Dome Black Lead," 136. Duration of Registration, 197. Dutch Colonies, Requirements for Registration in, 230. E. Edge Tools (see Sheffield Marks). Effect of Registration, 196. " Electric," 122. "Elkington's A," 160. " Entered at Stationers' Hall," 9. Entry on Register, Falsification of, 205, 206. Saving for power to provide for, 194. Error (see Clerical Error). " Eton " Cigarettes, 128. " Eureka " Sliirts, 115. European countries, Requirements for Registering in, 224. " Everett's Premier " Blacking, 160. Evidence of deception, 144, 145. Rules as to, 178. Sealed copies to be received as, 203, 204. Exclusive right of first proprietor, 196. title for entire class, 152. Executors may continue action, 119. Exemptions under Mercliaadise Marks Act, 1887, 176. Extracts from Register, 203. 248 INDEX. F. False descriptions, 184. pretences, 160, 162, 163. representation as to article being patented or Trade Mark Eegistered, 211. representation of a Trade Mark, 162. Falsification of entries in Register, 205, 206. Fancy words, 122, 123, 124, 125, 126, 127, 148. Fees, Table of, 91, 92. Filters, 114. Firm, Name of, 131. Firms, Form of signing on behalf of, 79, Names of, 142. First proprietor, 196. Five years on Register, 151, 155, 158, 159. Flags, National, 9. Foreign characters, Trade Mark consisting of, 132. Foreign and Colonial Registrations, 222. Foreign country. Certificate for use in obtaining Registration in, 106. proprietor, 149. Trade Marks in the United Kingdom, 219. Foreigners, Rights of, 139. Forgery of Trade Marks, 162. ditto, Definition of, 174. Forms, Fac-similes of, 94 to 111. List of, 93. (where obtainable) 6. France, Requirements for Registration in, 225. Fraud, 144, 145. Fraudulent intent, 142. commencement, 149. INDEX. 249 G. Geographical terms " Alpine " " Melrose," 122. German imitations of Trade Marks, 222, Germany, Requirements for Registration in, 225, 226. " Glenfield," 142. Goodwill {sec Assignment). Goldsmiths' Company's Mark, 162. " Guinea Coal Company," 142. H. Ilearing, Applicant entitled to, 80. Holland, Requirements for Registration in, 226. Hong Kong, Requirements for Registration in, 230. " Hop Essence," 155. « House Washer," 130. Hungary (see Austria- Hungary). I. Identical label, 148. Imitation, 140, 141, 145. Implied warranty, 184. Importation, Prohibition on, 181. Improper Registration, 136, 156. India {see Colonies and India). Infant, Declaration by, 207. Inferior manufacture, 129. Infringements, Restrictions on actions for, 196. ditto, ditto, defence to actions for, 196. Inspection of Register and Extracts therefrom, 203. International arrangements for protection of Trade Marks, 209. 250 INDEX. International Convention for the protection of industrial property, 234 Eegistration of Trade Marks, 217. Inventor, Injury to, 129. Ireland, Application of Merchandise Marks Act, 1887, to, 186. Provisions of Patents, Designs and Trade Marks Act, re- specting, 212. Iron Trade, Common Marks in, 116. Isle of Man, Application of Patents, Designs and Trade Marks Act to, 213. Italy, Requirements for Eegistratiaa in, 226. " Jubilee," 127. L. Legal Proceedings, Form of request for Certificate for use in, 107- Legalisation (see Considar Legalisation) . Letters, Distinctive, 148. " Leufsta " iron, 150. Licensee, 131. Liebig, Name and Portrait of Baron, 131. Limitation of prosecution, 179. of time for proceeding with application for Registration, 191. Lunatic, Declaration by, 207. Luxembourg, Requirements for Registration in, 226. M. Manchester, Custom of trade of, 112. Manufacturers and Agents, 112. " Melrose," 122. Merchandise Marks Act, 1862, Repeal of, 186. ditto, 1887 (Application to Ireland), 186. (Application to Scotland), 186. INDEX. 251 Merchandise Marks Act, 1887, (Costs of defence or prosecution), 181. (Definitions), 171, 172, 173, 174, 175. (Exemptions), 176. (Extension to casas under Vexatious Indictments Act), 181. (Implied warranty on sale of marked goods), 18'4, (Limitation of prosecution), 181. (Offences), 169, 170, 171. (Pleadings), 178. (Powers of Commissioners of Customs), 182. (Prohibition on Importation), 181. (Provision respecting Rojal Warrant), 185. (Provisions as to false descriptions in certain cases), 184. (Punishment of Accessories', 179. (Rules as to evidence), 178. (Savings under), 185. (Search Warrant), 179. (Short title), 169. (Summary), 164. (Watch Trade), 177. Metal Goods, 5, 9. Mineral Waters, ("Cock" device), 119. " Minerva," 133. Misconduct of plaintiff, 142. Misrepresentation, 155, 160, 163. (Collateral) by plaintiff, 144. Continuing, 149. Mortgagees, 130. Mortgagor, Claimant under, 130. N. Name of Baron Liebig, 131. discoverer of secret preparation, 147. firm, 131, 142, 148. manufactured article, 129. 252 INDEX. Name of manufacturer, 117. patented substance, 116. place, 144, 145. shop, 143. Right to use of, 147. " Singer," 117- National Arms or Flags, 9. NegUgence of Agent, 121. Neighbouring shop, 144. " Neptune " iron Mark, 152. New article, 156. firm, 142. name for new article, 156. Trade Marks, 5. use of word, 144. " New Carriage Bazaar," 144, New South Wales, Requirements for Registration in, 232, New Zealand, Requirements for Registration in, 232. Non-European countries and colonies, Requirements for Registration in, 229 to 233. Non-user of Trade Mark, 1.53. Norway, Requirements for Registration in, 227. Notes of legal decisions, 112. Notice .to Comptroller of application to'jCourt, 89. Notification of acceptance of Mark for Registration, 87. Registration, 88. ditto, Form of request for copy of, 110. « Nourishing Stout," 113. Numbers, System of, 117. O. Offences under Merchandise Marks Act, 1887, 169, 170, 171. Official Journal, 81, 82. Old Mark, 155. INDEX. 253 Old Trade Marks, 1, 5. " Only Genuine," 147. Opposition, Form of, 82. ditto, Bond in case of, 84. ditto, Counter Statement in case of, 83, 84. Notice of, 98. Security for costs in case of, 84, 85, 86. Oriental characters, 9- " Original," Use of Word, 114. Ornamental ground- work, 9. P. " PaU MaU Guinea Coal Company," 142. Partnership, Dissolution of, 131. Patent, Reference to, 114, 115, 116. Patent Office, Proceedings at, 202. " Patented," False use of term, 211. Patents, Designs and Trade Marks Act, 1883 (Summary), 188. ditto, ditto, (Text), 190. ditto, ditto, Amendment Act, 1885, 209. Person not carrying on business in the United Kingdom, 138. Place, Name of, 144. Plaintiff, Misconduct of, 142. Portrait of Baron Liebig, 131. Portugal, Eequirements for Registration in, 227. Post, Application and notices sent by, 206. Powers of Comptroller (see Comptroller). Price's Patent Candle Company, 148. Proceedings at Patent Office (see Patent Office). Prohibition on Importation, 181. Prosecution, costs of, 179. Limitation of, 179. Provision as to days for depositing documents at Patent Office, 207 . 254 INDEX. Q. Quality, Words denoting, 119. Queen, Representations of the, 9. Queensland, Requirements for Registration in, 232. R. Raw Steel (see Sheffield Marks). Rectification of Register (see Register). Refusal to Register, 148, 203. Form of request for Certificate of, 100. Register of Trade Marks, 196. Alteration or Rectification of, 87, 88, 89, 137, 204 205. Entry of undertaking on, 150, 151. Extracts from, 203. Falsification of Entries in, 205, 206. Form of application for alteration or rectification of, 102. ditto, ditto, cancellation of entry on, 103. ditto. Declaration in support of cancellation of entry on, 104. Removal of Mark from, 197. Trusts not to be entered on, 202. (when open for public inspection), 89, 203. " Registered" and " Registered Design," 9, False use of term. 211. Registration, 4. Application for, 6. Cancellation of, 158, 159. Conditions of, 191. Conflicting claims to, 194. Duration of, 197. Equivalent to public user, 196. for part of or whole class, 151, 152. INDEX. 255 Registration, Form to accompany fee for, 97. Form of request for, 88. Improper, 136, 156. Notification of, 88. ditto, acceptance of Mark for, 87. Opposition to, 192. Restrictions on, 9, 19-4. Removal of Mark. from Register (see Register). Repeal and saving for past operation of repealed enactments, 213. Representation, Form of additional, 95. Representations, Form and size of, 79. not accepted in pencil, 79. Restrictions on actions for infringement, 196. defence to action, 19G. registration, 9, 194<. Right of appeal to Court, 139. applicant to hearing, 80- first proprietor, 196. to sue, Registration of assignment not a condition precedent to, 138. Rights of foreigners, 138. Roman characters, 9. Royal Anns, Penalty on improper assumption of, 211. or Crown, restrictions on Registration of, 9. Royal Warrant, False representation as to, 185. Rules as to evidence, 178. Power of Board of Trade to make, 208, 214. Saving for existing, 214. Russia, Requirements for Registration in, 228 Sale, 162, 163. Sanction of Coiu't, 148. 256 INDEX. Saving Clauses, 185. lor existing rules, 214. for power to provide for entry on Register, 194, 195. Scotland, Application of Merchandise Marks Act to, 186. Summary proceedings in, Provision of Patents, Designs and Trade Marks Act respecting, 212. Seal of Patent Office, 202. Search warrant, 179. Searches, 79. Fees for, 79. Sebastian's (Mr.) opinion as to requirements of foreign Trade Mark, 219. Secret preparation, 147. process, 147. Security for costs in case of opposition, 84, 85, 86. Series of Marks, 80, 192. Sheffield Mark, Variation of, 133. Marks, Applications for, 5. ditto. Registration of, 198. Sewing Machines, 117. Shipper, 120, 130. Shipping agent; 112. Shop, Name of, 143. Signing of documents, 90. Similarity, 117, 118, 119, 122, 123, 137, 155. " Singer " Name, 117- South Africa {see Cape Colony). South America (see Brazil, Chili, etc.) South Australia, Requirements for Registration in, 232. Spain, Requirements for Registration in, 228. Special case, Form of application for settlement of, 108. and distinctive words, 127. Specific fact, 160. Statutory Declarations, 90. INDEX. 257 Subsequent proprietor of Trade Mark, Form of request to enter name of, 99. Summary of Merchandise Marks Act, 1887, 164. Patents, Designs and Trade Marks Act, 1883, 189. Summons in case of opposition, Issue of, 87. Sweden, Kequirements for Eegistration in, 228 Switzerland, Eequirements for Registration in, 229. T. Tartans, 9. Tasmania, Requirements for Registration in, 232. Telegraphic address, 130- Textile classes, Applications in, 6, 9, 10. " Thorley's Food for Cattle,'' 147. Three Marks Rule 118, 15G. " To counterfeit this is forgery," 9. Trade custom of Manchester, 112. Trade Mark, Abandonment of, 153. Additions to, 4, 5, 191. Advertisement of application for Registration of, 81. Application for Registration of, 6. Assignment or transmission of, 99. Cancellation of entry on Register of, 103. Definition of a, 4, 191. How described in pleading, 178. Notification of Registration of, 88. Owner not carrying on business, 130. Removal from Register, 197, 198- Trade Marks, Old and New, 4, 5. Trade Marks Journal, 81, 82. Transmission (see Assignment, also Trade Mark.) " Triangle" device, 117. S 258 INDEX. Trusts not to be entered on Register, 202. Turkey, Eequirements for Eegistration in, 229. u. Undertaking, Entry on Register of, 150. United Kingdom, Person not carrying on business in, 138. States, Requirements for Registration in, 232. Uruguay, Requirements for Registr