a person carrying on business in Hallamshire, or within six miles thereof, be made to the Cutlers' Company. See Rules 56 to 59. Applications made to the Cutlers' Company in pursuance of section 81 of the Acts should be made on Form F, the address in the left-hand corner to be, "To the Cutlers' Company, Sheffield," instead of "To the Comptroller," and should be left at, or sent by post to, the Cutlers' Hall, Sheffield. Each application should be accompanied by an unstamped copy on foolscap paper. See Rule 56. Applications sent by post should be addressed The Law Clerk to the Cutlers' Company, The Cutlers' Hall, Sheffield. MANCHESTER OFFICE. 34. For the convenience of merchants and manufacturers engaged in the cotton trade, and for the purpose of facilitating the recording of trade-marks used in respect of cotton goods, an office is open at 48, Royal Exchange, Manchester, where searches can be made, on payment of 1s. for each quarter of an hour, for marks in classes of textiles from Class 23 to Class 35. CERTIFICATES. 35. The comptroller's certificate in relation to a trade-mark is of four kinds, viz. : (i.) For use in legal proceedings. (ii.) For use in applying for registration in foreign countries. (iii.) Of any application made and of proceedings thereon. (iv.) A certificate of refusal of a mark in use before 13th August, 1875, and not registerable. 36. A person desirous of obtaining any of the above certificates should forward Form S, Form R, Form T', or Form L (see paragraph 3), as the case may be, to the comptroller, giving the comptroller's official number of the mark, and stating whether the certificate is required for use in legal proceedings, or for use in applying for the registration of the mark in a foreign country, or for what other purpose. 37. In every case where a certificate is required in respect of a cotton mark, or in respect of any trade-mark of which the representations or specimens forming part of the application for registration are coloured, or in respect of an application made, or in respect of an application refused, two unmounted copies of the mark must be supplied, agreeing in every respect with the representations forming part of the application for registration. Special attention should be paid to this requirement, as the certificate cannot in any such case be prepared until these unmounted copies are received by the comptroller. REGISTRATION OF SUBSEQUENT PROPRIETORS OF REGISTERED TRADE-MARKS. 38. The request and declaration to be made by a subsequent proprietor on application for the registration in his name of a registered trade-mark must be made on Form K (see paragraph 3). H. READER LACK, Comptroller. No. 6. PRECEDENTS OF FORMS UPON AN OPPOSED APPLICATION TO REGISTER A TRADEMARK AND ON APPEAL (a). 1. We are the registered proprietors of a trade-mark in for [describing the goods registered on the Class of of 18 and numbered 1,234, and we use, and since the 18 we have extensively used, the said mark as a trade-mark in our business as [describing the business]. of 18 we 2. We also use, and since the have extensively used, a mark consisting of [describing it] for [describing the goods] as a trade-mark, and also in our advertisements and price lists, in our said business. 3. The mark which the applicants by their application above referred to are seeking to register has such resemblance (a) See Chap. IV., p. 58. to our said registered trade-mark, numbered and also to our said trade-mark in paragraph 2 hereof referred to, as to be calculated to deceive. (For other grounds of opposition, see pp. 63, 78; Chap. VIII., p. 106, "What marks may be registered as trade-marks"; Chap. X., p. 175, "Restrictions on registration " (b).) 3. COUNTER-STATEMENT. (In answer to the Notice of Opposition, No. 2.) [Heading as in the Form, p. 632.] 1. We [the applicants] deny that the mark which is the subject of our application has such resemblance to either of the marks referred to in the notice of opposition herein as to be calculated to deceive. 2. [Describing the principal differences between the applicants' mark, and the opponent's registered mark No. 1,234]. 3. [Describing the principal differences between the applicants' mark, and the mark referred to in paragraph 2 of the notice of opposition.] 4. The last-mentioned mark is not a trade-mark, and the opponents have not used the same as a trade-mark. If our said mark bears any undue resemblance to the said mark of the opponents (which we deny) the opponents will not in any way, nor will any right of which they are possessed, or to which they are entitled, be prejudiced by the registration of our said mark. 5. Our said mark has been used by us as a trade-mark in connection with the goods to which our application relates since the of 18, before the opponents had commenced to use either of their said marks, and if it bears any undue resemblance to the last-mentioned marks or either of them (which we deny), the said marks, or whichever of them our said mark so resembles, have or has been used as a trade-mark, if at all, and the opponents' alleged trade-mark, numbered 1,234, has been registered, in derogation of our rights, and our application to register ought not to be prejudiced by reason of such user or registration. To the Comptroller, (Signed) Patent Office, Trade-Marks Branch, (b) See also Kutnow's Tm., 10 R. P. C. 403. 4. EVIDENCE IN SUPPORT OF THE APPLICATION OR OPPOSI TION (c). The formal parts of the declarations are as follows:[Heading as in the counter-statement, p. 632.] We do solemnly and sincerely declare as follows: [setting out the evidence of the declarants]. And we make this declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1835. (Signed) 5. APPLICATION FOR HEARING BY THE COMPTROLLER. (Form E., above, p. 608.) 6. FORM OF APPEAL FROM THE COMPTROLLER TO THE BOARD OF TRADE. (Form H., above, p. 610.) 7. STATEMENT OF CASE (d). [Heading as in the counter-statement, p. 632.] 1. The appellants, are manufacturers and vendors of indiarubber hose covered with steel wire, which is wound helically round it by a process protected by certain patents. The opponents, are vendors of indiarubber hose covered with steel wire, wound round it by a process which is different to that employed by the appellants. 2. On or about the of 18 the appellants (e) This is given by statutory declaration. Rule 31 (3), (4), p. 73, and Rules 61, 62, p. 605. As to the comptroller's power to dispense with evidence, see Rule 53, p. 603; and as to cases of infancy, lunacy, or other incapacity, sect. 99, p. 570. (d) This is substantially the case made use of in The Sphincter Co.'s Tm., 10 R. P. C. 84. |