Cotton Marks By the rules issued under the Act of 1875 (a), marks for The repealed cotton goods in Classes 23, 24, and 25 (6) were specially Rules. treated. An office was set up at Manchester for the exhibition of all devices, marks, &c., used in the cotton. trade, and in the rules called cotton marks, and every person using any cotton mark was required to send to the office three representations of it. A committee of persons versed in the usages of the cotton trade were appointed to consider the cotton marks, of which representations were sent in to the Manchester office, and to divide them into two classes: (a) those which were, in the opinion of the committee, trade-marks within the meaning of the Act; and (b) those which were not; and power was given to the Commissioners of Patents to add any cotton marks to either class (c). It was provided that any proprietor of a cotton mark not specified in class (b) might apply to be registered as proprietor of the mark in the manner and subject to the conditions in and under which he might have applied to be registered in respect of any other trade (a) Now repealed, see Chitty's Statutes. Rules 57-63a. (5) Class (23), cotton yarn and thread (under the present Rules this is replaced by (a) cotton yarn, and sewing cotton not on spools or reels, (b) sewing cotton on spools (c) Rule 58 (a) of March, 1883. The Cotton Marks Committee. The Manchester mark, but that it should not be lawful to register any person as proprietor of any cotton mark in class (b) except in pursuance of an order of the Court. The committee so appointed was held not to be a judicial tribunal, but merely a body appointed to consider and give an opinion on technical matters peculiarly within the knowledge of its members, and it was decided that its decisions could be reconsidered or disregarded by the Court, or by the registrar by direction of the Court, notwithstanding that it had acted fairly and properly, and had not proceeded on any wrong principle in arriving at them (d). And in a number of cases applications to the Court in respect of marks placed by the committee in class (b) were successful, and the marks were registered as trade-marks (e). The special rules have now been repealed (ƒ) and the Branch Office. committee of experts dissolved (g); but the Manchester office is maintained, and has been constituted a branch office of the registry, and applications for the registration of marks in Classes 23, 24, and 25 must be addressed and sent to it (). Searches also in respect of marks in classes of textiles from Classes 23, 24, and 25 may be made in the Manchester office (i). (d) Orr-Ewing v. The Registrar of Tms., 4 App. Cas. 479; H. L. reversing the judgment of the C. A. 8 C. D. 794 (1877). (e) Exp. Ede & Co., 28 W. R. 436; Re Dugdale, 49 L. J. Ch. 303; Re Ward, Sturt & Sharp, 50 L. J. Ch. 347; Re Sykes, 43 L. T. 626; and see Sebastian, 3rd ed. p. 548, where the cases are collected. (f) But by the existing r. 13, four representations of marks must accompany an application to register in the cotton classes instead of two only. (g) Lord Herschell's Committee refused to adopt a recommendation that honorary trade assessors be appointed to pass or reject cotton trade-marks, on the grounds that their appointment would diminish the sense of responsibility of the office, and that they did not feel sure that the creation of such a tribunal, reserving power to override its decisions, would give general satisfaction. Report of 1888, p. x. (h) Rule 8. The address is: The Comptroller, Manchester TradeMarks Branch, 48, Royal Exchange, Manchester. (i) Instructions (34). Court of A co-ordinate jurisdiction with that of the High Court The Palatine of Justice is vested in the Court of Chancery of the County Chancery. Palatine of Lancashire in respect of any action or other proceeding in relation to trade-marks, the registration whereof is applied for in the Manchester office, subject to the ordinary right of appeal from decisions of that Court (k). The (k) Act of 1888, sect. 26. This provision was inserted in compliance with a recommendation of Lord Herschell's Committee (Report, p. x.). The other paragraphs of the reports of the committee, in regard to the Manchester office, may be of interest. committee said, in an interim report of the previous year: "A very large proportion of the marks registered in the cotton classes, probably not less than 90 per cent., are the result of applications made by Manchester houses, or by houses having a representative in Manchester. We think it would add much to the smooth working of the Act if applications in these classes were, as far as possible, dealt with by the head of the Manchester branch of the Trade- a fancy word name of a person Words as trade-marks Report of Lord Herschell's Committee FANCY WORD OR WORDS NOT IN COMMON USE 1. Fancy word Van Duzer's case .. secondary distinctive meaning does not constitute a word geographical words geographical names, translated words, phonetic equivalents.. 141 142 .. .. 147 2. Not in common use in the trade or popularly "the" prefixed to word Examples from decided cases (d) INVENTED WORDS (e) WORDS HAVING NO REFERENCE TO GOODS Old marks 1. Special and distinctive deceptive mark not distinctive words with a secondary distinctive meaning Examples of old word marks 2. Used as a trade-mark where the applicant has another trade-mark the old mark must have been used as registered, and alone Colour fraudulent use temporary cession of user slight evidence of user sufficient 161 161 161 THE marks which may be registered as trade-marks were determined, from the commencement of the register until the end of 1883, by sect. 10 of the Act of 1875; from the last-mentioned date until the end of 1888, by sect. 64 of the Act of 1883, and they are at present, and from the beginning of 1889 they have been, determined by the revised and amended sect. 64, enacted by sect. 10 of the Act of 1888. Sect. 64 is printed below; the ordinary type |