Regarding the procedure of the Customs Authorities as of much practical importance, he has also embodied so much of the Regulations and General Orders of the Commissioners of Customs as appeared to him likely to be of general use.

The Author is indebted to Mr. F. G. UNDERHAY, of the Inner Temple, for his kindness in reading the proof sheets of the work, and for a number of corrections and suggestions.

1, PAPER BUILDINGS,

Whitsun Vacation, 1894.

Trade-marks before the Registration Acts, 1. Registration of

trade-marks, 5. Passing off and trade-name actions, 12. The

Criminal Law of false marking, 17. International and Colonial

arrangements, 21.

CHAPTER II.

THE DEFINITION OF A TRADE-MARK ...... 24—51

Definition, 25. The Registration Acts contain no definition, but

they import the old law, 25. Definitions in the M. M. A. 1862...26.

Definitions in the M. M. A. 1887...27. Judicial definitions, 27.

What symbols may be trade-marks, 28.

Applied or attached to goods, 29; the mark must go to market

with the goods, 29; and must sell the goods, 30; trade-mark

rights are restricted to the class of goods for which the mark is

used, 31; the use of the trade-mark on other goods is not protected,

31; anyone may use the mark on the right goods, 32.

Offered for sale in the market, 33; long user of mark or proof of

actual reputation is unnecessary, 34.

The mark must be distinctive, 35; what are distinctive marks, 36;

descriptive marks and marks apparently descriptive, but having a

secondary distinctive meaning, 36; name of a new pattern, Ford v.

Foster, 37; test whether trade-mark has become publici juris, 37;

the Singer cases, 38; no monopoly can be maintained in the repu-

tation of goods which anyone may make and sell, 41; name of

goods made under an expired patent, 42; name given to a new

article cannot be monopolized, 43; The Linoleum Case, 43; "ori-

ginal," 44; name of place of origin, 44; Anatolia liquorice,"

45; Seixo v. Provezende, 45; “Glenfield starch," 46; advertise-

ment of goods not a trade-mark, 47; Leather Cloth Case, 47;

Cheavin v. Walker, 48.

66

Made, worked upon, imported, selected, certified, or sold, 49; con-

nection of the owner of the trade-mark with the goods, 49; buyers

rely on the reputation of the owner of the trade-mark, 49; trade-

mark of selector, Hirsch v. Jonas, 50.

Registered under the Acts as a trade-mark, 51.

CHAPTER III.

THE REGISTER OF TRADE-MARKS, AND THE

TRADE-MARKS BRANCH OF THE PATENT

OFFICE......

PAGES

52-57

The register, 52. The Manchester office and the Sheffield register,

52. The Comptroller, 53. Entries on the register, 53. No trusts

to be entered, 54. Title conferred by registration, 54. Alterations

of the register, 54. Falsification of the register, 55. Devolution

of title, 55. Removal of entries, 55. Inspection of the register,

55. Searches, 55. Indexes, 56. Certified copies of the register

to be evidence, 57. Comptroller's certificate, 57. Patent Office

seal, 57. Notices and documents may be sent by post, 57.

CHAPTER IV.

... 58-86

REGISTRATION OF TRADE-MARKS...

Section 62..59.

Who may apply to register, 60; the proprietor, 60; an importer, 61;

application through an agent, 62; registration in the agent's

name, 62.

The Comptroller's discretion, 63; reasons for refusal to register, 63;

nature of the discretion, 64.

Procedure on application to register, 68; form of application, 68;

abandonment of application, 69; advertisement, 69; registration,

70; death of applicant, 70; amendments, 71.

Opposition to registration, 71; sect. 69, rule 31..71; summary of

procedure on an opposed application, 75; objections not contained

in the notice, 76; amendments, 76; grounds of opposition, 77.

Appeal from the Comptroller, 78; notice of appeal and case, 79;

appeal to the Court on reference by Board of Trade, 79; no appeal

to the Court direct, 80; address for service, 82; evidence, 83;

modification of application at the hearing, 83; the Court must

consider all objections, 84.

Costs, 85.

CHAPTER V.

CLASSIFICATION OF GOODS...

....

87-90

The classes, 88. Registration and protection for part of a class, 88.

Series of trade-marks, 90.

CHAPTER VI.

SHEFFIELD MARKS

91-102

The Cutlers' Company, 91. Old corporate marks, 93. Recent legis-

lation and the company, 94. The Act of 1875..94. The Acts of

1883 and 1888..95. Effect of sect. 81 (Sheffield marks), 96.

The repealed Cotton Marks Rules, 103. The Cotton Marks Com-

mittee, 104. The Manchester branch office, 104. Jurisdiction of

the Palatine Court of Chancery, 105.

CHAPTER VIII.

WHAT MARKS MAY BE REGISTERED AS

TRADE-MARKS...

106-163

Section 64..108. Additions and disclaimers, 108. Section 10 of the

Act of 1875..109. New marks may be registered, 109. Applicant

must intend to use the mark, 110. What Act applied to pending

registrations, 111. Section 10 (sect. 64 (1)) is purely restrictive,

112.

Essential particulars, 112.

(8) NAME-MARKS, 114; mere name in nominative case, 115; par-

ticular and distinctive manner, 116.

(b) SIGNATURES, 117; signature of applicant, 117; requirements

for a good trade-mark, 118.

(e) DISTINCTIVE DEVICE, &c., 118; meaning of distinctive, 119;

(1.) What marks are to be distinguished, 122; common marks, 122;

other trade-marks, registered or not, 125; abandoned trade-marks,

126; marks used as advertisements, 126. (2.) What degree of dis-

tinctiveness is required, 127; secondary distinctive meaning, 127;

descriptive marks, 127.

DEVICE, 128; devices as trade-marks, 128; word or letter not a

device, 129; colour, 129; portrait of inventor, 129; part of mark

common to trade, 129; combination devices, 130; descriptive

devices, 131.

MARK, 132.

BRAND, 133.

HEADING, 135; line headings for cotton goods, 136.

LABEL, 136; phrases and proverbs, 137; ordinary arrangement

of common parts, 137; no disclaimer of common parts, 138; similar

common words in contrasted labels, 139.

WORD MARKS, 140; Words as trade-marks, 140; Report of Lord

Herschell's Committee, 141; geographical names, translated words,

phonetic equivalents, 141.

FANCY WORD OR WORDS NOT IN COMMON USE, 142. (1.) Fancy word,

142; Van Duzer's Case, 143; the word must be obviously meaning-

less, 143; descriptive words, 145; words in a foreign language,

145; name of goods in a foreign language, 146; names of com-

mon marks, 147; secondary distinctive meaning does not constitute

a word a fancy word, 147; geographical words, 147; name of a

person, 149. (2.) Not in common use, 149; in the trade or popu-

larly, 150; "the" prefixed to word, 150; examples from decided

cases, 150.

(d) INVENTED WORDS, 152.

(e) WORDS HAVING NO REFERENCE TO GOODS, 153.

PAGES

Old marks, 153. (1.) Special and distinctive, 154; deceptive mark

not distinctive, 155; descriptive words, 155; words with a second-

ary distinctive meaning, 155; examples of old word marks, 158.

(2.) Used as a trade-mark, 158; use on bottles or boxes only, 159;

where the applicant has another trade-mark, 159; the old mark

must have been used as registered, and alone, 160; use for the

same goods, 160; use in the United Kingdom, 161; fraudulent

use, 161; temporary cession of user, 161; slight evidence of user

sufficient, 161.

Colour, 162; section 67, registration in colours, 162; colour as an

element of similarity, 163.

CHAPTER IX.

ADDITIONS AND DISCLAIMERS

...164-174

Additions, 165. Lord Herschell's Committee on additions and dis-

claimers, 165. Disclaimers to be included in the applications to

register, 166. What are essential particulars of a registered mark,

166. The proprietor need not disclaim his own name, 167. Trade-

name, 168. Additions which are common to the trade, 169. Sec-

tion 74..169. The registration of common words in a trade-mark

confers no monopoly, 170. Distinctive means primâ facie distinc-

tive, 171. Common to the trade, 171. Use by one trader only,

171. The three mark rule, 172. Common words in a distinctive

label need not be disclaimed, 172. Common additions are not part

of the trade-mark, 173. Effect of registration of additions with a

disclaimer, 173. The advantages of it, 174.

CHAPTER X.

RESTRICTIONS ON REGISTRATION

.175-217

The comptroller's discretion not limited by the express restrictions,

176.

Duplicate marks for the same goods. Sects. 71 and 72 (1), 176.

The three mark rule, 177; rule does not apply to new marks, 179;

application of the rule, 179. The same goods or description of

goods, 180. Section 72 is not limited by the register classes, 180;

use or registration for part of a class, 181. Registration of a

second mark by agreement, 182.

Mark resembling a registered mark. Sect. 72 (2), 182. The section

extends beyond infringing marks, 183. Where the marks are used

in different markets, 184. Deceptive resemblance calculated to

deceive, 186.

WHAT PERSONS ARE TO BE CONSIDERED, 186; ultimate purchasers,

187; foreigners, 187; ordinary persons, 187.

RULES OF COMPARISON, 188; what amount of resemblance is cal-

culated to deceive, 188. (1.) The "idea of the mark" to be regarded,

188; the Two Elephant Case, 190; the Tuendstikker Case, 191;

marks to be compared as wholes, 192; general resemblance with

differences in details, 192; included common marks not to be dis-

regarded, 192. (2.) The marks are to be compared as fairly used in