LAW OF TRADE MARKS

AND THEIR REGISTRATION,

AND MATTERS CONNECTED THEREWITH ;

INCLUDING

A CHAPTER ON GOODWILL.

TOGETHER WITH

THE PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883,
AND THE TRADE MARKS RULES AND INSTRUCTIONS THEREUNDER;

FORMS AND PRECEDENTS;

THE MERCHANDISE MARKS ACT, 1862,

AND OTHER STATUTORY ENACTMENTS;

THE UNITED STATES STATUTES, 1870-81,

AND THE RULES AND FORMS THEREUNDER;

AND THE TREATY WITH THE UNITED STATES, 1877.

BY

LEWIS BOYD SEBASTIAN, B.C.L., M.A.,

OF LINCOLN'S INN, ESQ., BARRISTER-AT-LAW;

AUTHOR OF "A DIGEST OF CASES OF TRADE MARK, TRADE NAME, TRADE SECRET,

GOODWILL, ETC.

SECOND EDITION.

LONDON:

STEVENS AND SONS, 119, CHANCERY LANE,
Law Publishers and Booksellers.

1884.

LONDON:

W. I. RICHARDSON, PRINTER, AND 5, GREAT QUEEN STREET,

LINCOLN'S INN FIELDS, W.C.

ΤΟ

The Memory of

THE RIGHT HON. SIR GEORGE JESSEL,

MASTER OF THE ROLLS,

TO WHOM,

BY HIS KIND PERMISSION,

THE

FIRST EDITION OF

This Work

WAS MOST RESPECTFULLY DEDICATED.

PREFACE

TO

THE SECOND EDITION.

DURING the six years which have passed since the first edition of this book was submitted to the profession, many new cases have been decided with respect to the registration and the infringement of trade marks, and a new Act of Parliament has been substituted for the statutes recently in force. These additions to, and alterations in, the law, together with other new matter (in particular, the forms and precedents in Appendix B.), account for the expan – sion of the book from 300 pages to 500. The cases cited have alone increased from under 500 to over 1000.

In this edition, as in the first, a large number of America decisions are cited, both because of the sale which this book has obtained in the United States and the Colonies, and also because of the increasing extent to which such decisions are cited in this country. "Although," as Cockburn, C.J., said (a), “the decisions of the American Courts are, of course, not binding on us, yet the sound and enlightened views of American lawyers in the administration and development of the law-a law, except so far as altered by statutory enactment, derived from a common source with our own-entitle their decisions to the utmost respect and confidence on our part." The American references are explained by the Table of Abbreviations.

(a) In Scaramanga v. Stamp, 5 C. P. D. 295–303.