Application for Sheffield mark.

Notice to comptroller.

"in respect of metal goods either in the register established under the Trade-Marks Registration Act, 1875, or in the register of trademarks under this Act, belonging to persons carrying on business in Hallamshire, or within six miles thereof. The Cutlers' Company shall also, on request made in the prescribed manner (), enter in the Sheffield register, in respect of metal goods (x), all the trademarks which shall have been assigned by the Cutlers' Company and actually used before the 1st day of January, 1884 (y), but which have not been entered in either of the said registers] (z).

(3.) An application for registration of a trademark used on cutlery, edge tools, or on raw steel, or on goods made of steel, or of steel and iron combined, whether with or without a cutting edge [on metal goods] (a), 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 (b):

(4.) Every application so made to the Cutlers' Company shall be notified to the comptroller in the prescribed manner (c), and unless the

1888. As regards the registration
of old corporate marks, the duties
of the company are ministerial
only. Lambert's Tm., p. 96, supra.

(v) i.e., made according to the
last Form in the Rules, Appendix,
p. 617. The application must be
in duplicate, Rule 56. The pro-
cedure is generally the same as on
an application to the comptroller.
Chap. IV., p. 58.

(x) Metal goods are defined by sub-s. (14), below.

(y) Commencement of the Act of

1883.

(z) Act of 1888, s. 20 (1).

(a) Act of 1888, s. 20 (2). (b) The effect of this sub-section and sub-sect. (7) is to constitute the Sheffield register a branch register for metal goods. The application must be on Form F., Appendix, p. 608; see Instructions (33), p. 632.

(c) A copy of the application is to be sent within seven days, with two representations of the mark for each class, Rule 57.

66

comptroller within the prescribed time (d) gives
notice to the Cutlers' Company that he objects
to the acceptance of the application, it shall be
proceeded with by the Cutlers' Company in the
prescribed manner (e).

(5.) If the comptroller gives notice of objection as Veto by aforesaid, the application shall not be pro- comptroller. ceeded with by the Cutlers' Company, but

any person aggrieved may appeal to the

Court (f):

(6.) Upon the registration of a trade-mark in the Entry on
Sheffield register the Cutlers' Company shall register also.
give notice thereof to the comptroller, who
shall thereupon enter the mark in the register
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 register of trade-
marks, the effect of such registration, and the
assignment and transmission of rights in a
registered trade-mark shall apply in the case of
applications and registration in the Sheffield
register; and notice of every entry made in the
Sheffield register must be given to the comptroller
by the Cutlers' Company, sare and except that

(d) The time is one month from receipt of notice, Rule 58 (1).

(e) i.e., as an ordinary application is proceeded with by the comptroller, sub-sect. (7), Rule 59. If no such objection is made by the comptroller, the Cutlers' Co. shall require the applicant to send the comptroller a wood block or electrotype, as the comptroller may direct,

and the comptroller shall, if satis-
fied with such wood block or electro-
type, advertise the application in
the same manner as an application
made to him at the Patent Office.
Rule 58 (2).

(f) The Court is defined by
sects. 117 and 111. Cf. sub-sect.
(12), which gives an appeal from
the company to the comptroller.

Procedure and rules.

Widow's corporate mark.

Application for Sheffield mark to comptroller.

"the provisions of this sub-section shall not pre-
judice 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 at the
time when it shall be placed upon the Sheffield
register:

[(7.) The provisions of this Act and of any general
rules made under this Act with respect to the
registration of trade-marks, and all matters
relating thereto, shall, subject to the provisions
of this section, apply to the registration of
trade-marks on metal goods by the Cutlers'
Company and to all matters relating thereto;
and this Act and any such general rules shall, so
far as applicable, be construed accordingly with
the substitution of the Cutlers' Company, the
office of the Cutlers' Company, and the Shef-
field register, for the comptroller, the Patent
Office, and the Register of Trade-Marks
respectively; and notice of every entry, can-
cellation, or correction made in the Sheffield
register shall be given to the comptroller by
the Cutlers' Company: provided that this
section shall not affect any life estate and
interest of a widow (g) of the holder of any
Sheffield mark which may be in force in
respect of such mark at the time when it shall
be placed upon the Sheffield register] (h).
(8.) Where the comptroller receives from any
person not carrying on business in Hallam-
shire 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 made of
steel, or of steel and iron combined, whether with

(g) The corporate marks were assigned for the life of the assignee and his widow; see ante, p. 93,

and the Cutlers' Company Act, 1814, ante, p. 92.

(h) Act of 1888, s. 20 (3).

"or without a cutting edge [on metal goods] (i),
he shall in the prescribed manner (k) notify the
application and proceedings thereon to the
Cutlers' Company:

register.

(9.) At the expiration of five years from the com- Closing of
mencement of this Act (1) the Cutlers' Company Cutlers'
shall close the Cutlers' register of corporate
trade-marks, and thereupon all marks entered
therein shall, unless entered in the Sheffield
register, be deemed to have been abandoned (m):
(10.) A person may (notwithstanding anything Registration
in Act relating to the Cutlers' Company) field marks.
be registered in the Sheffield register as

any

proprietor of two or more trade-marks:

for two Shef

(11.) A body of persons, corporate or not corporate, Firm or
may (notwithstanding anything in any Act company.
relating to the Cutlers' Company) be regis-

tered in the Sheffield register as proprietor of

a trade-mark or trade-marks (n):

(12.) Any person aggrieved (0) by a decision of the Appeal to the
Cutlers' Company in respect of anything done comptroller.
or omitted under this Act may, in the pre-
scribed manner (p), 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 further appeal
to the Court (2) :

ing Sheffield

(13.) So much of the Cutlers' Company's Acts as Counterfeitapplies to the summary punishment of persons marks. counterfeiting Sheffield corporate marks, that

is to say, the fifth section of the Cutlers' Com

(i) Act of 1888, s. 20 (2).
(k) i.e., by sending a copy of
the official paper, the Trade-Marks
Journal, containing the applica-
tion; Rule 58 (3).

(1st of January, 1884.
(m) See Chap. XIV., p. 283.

(n) Person in the Act includes a body corporate, sect. 117; and in sect. 62 (application for registration), it includes a firm, Rule 7.

(0) See sect. 90, p. 221.

(p) Form W., Appendix, p. 616. No time for appeal has been fixed. (2) Cf. sub-sect. (5), above.

Metal goods.

Certificate of master of the company.

pany'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' Company's Act of 1791 (r), shall apply to any mark entered in the Sheffield register (s) :

[(14.) For the purposes of this section the expression 'metal goods' means all metals, whether wrought, unwrought, or partly wrought, and all goods composed wholly or partly of any metal (t):]

[(15.) For the purpose of legal proceedings in relation to trade-marks entered in the Sheffield register a certificate, under the hand of the master of the Cutlers' Company, shall have the same effect as the certificate of the comptroller" (u).]

() For the sections referred to, see p. 544, below.

(s) The effect of this is to extend the last-mentioned sections to all the locally registered metal goods marks.

(t) For the list of goods to which

the Cutlers' Company's Acts and the Act of 1875 applied, see pp. 92, 93; and for the list to which the unamended Act of 1883 applied, see the repealed sub-sect. (2).

(u) The certificate is evidence, sect. 96; Rule 60, above, p. 57.