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71. Where each of several persons claims to be registered as Conflicting
claims to regisproprietor of the same trade mark, 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. 72. Except where the court has decided that two or more Restrictions on
registration. 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 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 restric
tion 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.
74. (1.) Nothing in this Act shall be construed to prevent Saving for power the comptroller entering on the register, in the prescribed manner, entry on register and subject to the prescribed conditions, as an addition to any trade mark(a) In the case of an application for registration of a trade marks.
mark used before the 13th August, 1875–
ticket, letter, word, or figure, or combination of
which the application is made;
mark not used before the 13th August, 1875—
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.
of common marks as addi. tions to trade
Effect of Registration. Registration 75. Registration of a trade mark shall be deemed to be equivalent to public use.
equivalent to public use of the trade mark. Right of first 76. The registration of a person as proprieter of a trade mark proprietor to exclusive use of
shall be primâ facie evidence of his right to the exclusive use of trade mark. 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. Restrictions on 72. A person shall not be entitled to institute any proceeding actions for infringement, and
to prevent or to recover damages for the infringement of a trade on defence to mark unless, in the case of a trade mark capable of being action in certain cases.
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.
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.
Refusal to grant patent, &c., in certain cases.
Patent Office and Proceedings thereat. Trust not to be 85. There shall not be entered in any register kept under this
Act, or be receivable by the comptroller, any notice of any trust registers.
expressed implied or constructive.
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. Entry of assign- 87. Where a person becomes entitled by assignment, transments and trans- mission, or other operation of law to a patent, or to the copyright registers. in a registered design, or to a registered trade mark, the comp
troller shall on request, and on proof of title to his satisfaction,
be received in evidence.
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.
88. Every register kept under this Act shall at all con- Inspection of and Fenient times be open to the inspection of the public, subject to
registers. 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.
89. Printed or written copies or extracts, purporting to be Sealed copies to · certified by the comptroller and sealed with the seal of the 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.
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. 94. Where any discretionary power is by this Act given to the Exercise of dig
cretionary power comptroller, he shall not exercise that power adversely to the by comptroller 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.
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.
documents at office,
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.
(2.) In proving such service or sending, it shall be sufficient to
prove that the letter was properly addressed and put into the post. Provision as to 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 99. If any person is, by reason of infancy lunacy or other infant , lunatic, inability, incapable of making any declaration or doing any.
thing 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. Penalty on 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 patented.
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.
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,“ 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 :
“ The Treasury” means the Commissioners of Her Majesty's Treasury :
"Comptroller” means the Comptroller General of Patents, Designs, and Trade Marks :
Prescribed ” means prescribed by any of the schedules to this Act, or by general rules under or within the meaning of this Act :
“ British possession ? means any territory or place situate within Her Majesty's dominions, and not being or forming part of the United Kingdom, or of the Channel Islands, or of the Isle of Man, and all 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)
under Powers not exclusive.
37 & 38 VICT. C. 37. 1. No appointment, which after the passing of this Act shall Exclusion of
objects. (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).”