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claims to regis

71. Where each of several persons claims to be registered as Conflicting proprietor of the same trade mark, the comptroller may refuse to tration. 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.

72. Except where the court has decided that two or more Restrictions on persons are entitled to be registered as proprietors of the same registration. 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 comptroller shall not register with respect to the same goods or description 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.

73. It shall not be lawful to register as part of or in combi- Further restriction on registranation with a trade mark any words the exclusive use of which tion. 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.

to provide for

entry on register

74. (1.) Nothing in this Act shall be construed to prevent Saving for power the comptroller entering on the register, in the prescribed manner, and subject to the prescribed conditions, as an addition to trade mark

any

of common marks as additions to trade

(a) In the case of an application for registration of a trade marks.
mark used before the 13th August, 1875-

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 application is made;

(b.) In the case of an application for registration of a trade
mark not used before the 13th August, 1875—

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 particular 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 13th August, 1875, 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 such goods.

Registration equivalent to public use. Right of first proprietor to

exclusive use of trade mark.

Restrictions on

actions for in

on defence to action in certain cases.

Effect of Registration.

75. Registration of a trade mark shall be deemed to be equivalent to public use of the trade mark.

76. The registration of a person as proprieter of a trade mark shall be prima facie evidence of his right to the 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.

72. A person shall not be entitled to institute any proceeding fringement, and to prevent or to recover damages for the infringement of a trade mark unless, in the case of a trade mark 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 13th August, 1875, 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.

Trust not to be entered in registers.

78. As to register of trade marks.

79. As to removal of mark from register after fourteen years unless fresh fee paid.

80. As to fees.

81. As to Sheffield marks.

PART V.-General.

Patent Office and Proceedings thereat.

85. There shall not be entered in any register kept under this Act, or be receivable by the comptroller, any notice of any trust expressed implied or constructive.

Refusal to grant 86. The comptroller may refuse to grant a patent for an invention, or to register a design or trade mark, of which the use would, in his opinion, be contrary to law or morality.

patent, &c., in certain cases.

Entry of assign

missions in

registers.

87. Where a person becomes entitled by assignment, transments and trans- mission, or other operation of law to a patent, or to the copyright in a registered design, or to a registered trade mark, the comptroller shall on request, and on proof of title to his satisfaction, cause the name of such person to be entered as proprietor of the patent, copyright in the design, or trade mark, in the register of patents, designs, or trade marks, as the case may be. The person for the time being entered in the register of patents, designs or trade marks, as proprietor of a patent, copyright in a design or trade mark as the case may be, shall, subject to any rights appearing from such register to be vested in any other person, have power absolutely to assign, grant licences as to, or otherwise

deal with, the same and to give effectual receipts for any consideration for such assignment, licence or dealing. Provided that any equities in respect of such patent, design, or trade mark may be enforced in like manner as in respect of any other personal property.

registers.

88. Every register kept under this Act shall at all con- Inspection of and venient times be open to the inspection of the public, subject to extracts from such regulations as may be prescribed; and certified 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.

be received in

89. Printed or written copies or extracts, purporting to be Sealed copies to certified by the comptroller and sealed with the seal of the evidence. patent office, of or from patents specifications disclaimers and other documents in the patent office, and of or from registers and other 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.

90. As to rectification of register by court.

92. (1.) The registered proprietor of any registered trade Alteration of mark may apply to the court for leave to add to or alter such registered mark. 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 court 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.

entries in

93. If any person makes or causes to be made a false entry in Falsification of any register kept under this Act, or a writing falsely purporting registers. to be a copy of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of a misdemeanor.

cretionary power by comptroller.

94. Where any discretionary power is by this Act given to the Exercise of discomptroller, he shall not exercise that power adversely to the applicant for a patent, ro for amendment of a specification, or for registration of a trade mark or design, without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard personally or by his agent.

evidence.

96. A certificate purporting to be under the hand of the Certificate of comptroller as to any entry, matter, or thing which he is autho- comptroller to be rised by this Act, or any general rules made thereunder, to make or do, shall be primâ 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.

Applications and

97. (1.) Any application, notice, or other document authonotices by post. rised 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.

Provision as to

documents at office.

(2.) In proving such service or sending, it shall be sufficient 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 rule days for leaving for the time being in force, for leaving any document 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.

Declaration by infant, lunatic,

&c.

Penalty on

falsely represent

patented.

99. If any person is, by reason of infancy lunacy or other inability, incapable of making any declaration or 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.

Offences.

105. (1.) Any person who represents that any article sold by ing articles to be him is a patented article, when no patent has been granted for the same, or describes any design or trade mark 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 the 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.

unauthorised

106. Any person who, without the authority of Her Majesty, Penalty on or any of the Royal Family, or of any Government Department, assumption of assumes or uses in connection with any trade, business, calling, Royal arms. or profession, the Royal arms, or arms 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 summary conviction to a fine not exceeding twenty pounds.

General Definitions.

117 (1.) In and for the purposes of this Act, unless the General context otherwise requires,

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Person" includes a body corporate :

"The court" means (subject to the provisions for Scotland, Ireland, and the Isle of Man) Her Majesty's High Court or Justice in England:

"Law officer" means Her Majesty's Attorney-General or Solicitor-General for England:

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"The Treasury means the Commissioners of Her Majesty's Treasury:

"Comptroller" means the Comptroller General of Patents, Designs, and Trade Marks :

66

Prescribed" means prescribed by any of the schedules to this Act, or by general rules under or within the meaning of this Act:

"British possession" means any territory or place situate within Her Majesty's dominions, and not being or forming part of the United Kingdom, or of the Channel Islands, or of the Isle of Man, and all 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 where there are local legislatures as well as a central legislature, means the central legislature only.

POWERS OF APPOINTMENT.(a)

An Act to alter and amend the Law as to Appointments under Powers not exclusive.

37 & 38 VICT. c. 37.

definitions.

1. No appointment, which after the passing of this Act shall Exclusion of

(a) As to execution of powers of appointment, see 1 Vict. c. 26, s. 10, title" Wills," and 22 & 23 Vict. c. 35, s. 12, title "Real Property (Miscellaneous Acts)."

objects.

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