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thereof (r). The ground of the court's interference to prevent such fraudulent use was to save the public from a fraud, though incidentally the court saved the inventor from a loss; and this principle still exists independently of statute (s). But under the Trade Marks Registration Acts 1875 to 1877, a trade mark might be registered, and upon such registration, the right to the mark became the property of the inventor; and although the last-mentioned Acts have been repealed, their provisions are re-enacted, with amendments, in the Patents, Designs, and Trade Marks Acts, 1883 to 1888. By these Acts it is provided that the registration of a person as proprietor of a trade mark shall be primâ facie evidence of his right to the exclusive use of the trade mark, and shall, after the expiration of five years from the date of the registration, be conclusive evidence of his right to the exclusive use of the mark. But the trade mark is to be registered only for particular goods or classes of goods (t), and is only to be enjoyed in connection with such goods or classes of goods (u); and it is assignable and transmissible only in connection with the goodwill of the business concerned with such goods, and determines with that goodwill (a).

A register of trade marks is established by the Acts, and is kept at the Patent Office (y); and for Sheffield ware, there is a corresponding register situate at Sheffield, the Cutlers' Company being the comptroller there.

Essentials of a valid trade mark. In order to be registered under the Acts, the trade mark must consist of or contain one at least of the following essential

(r) Singer Manufacturing Co. v. Loog (1880), L. R. 8 App. Ca. 15; Parsons v. Gillespie, [1898] A. C. 239.

(*) Powell v. Birmingham Co., [1896] 2 Ch. 54; Reddaway v. Banham, [1896] A. C. 199; Payton v. Snelling, [1901] A. C. 308.

(t) Act of 1883, ss. 65, 76; Edwards v. Dennis (1885), 30 Ch. D. 454.

(u) Hart v. Colley (1890), 44 Ch. D. 198; Magnolia Metal Co.'s Mark, [1897] 2 Ch. 371.

(x) Act of 1883, s. 70.
(y) Ibid. s. 78.

particulars (~), namely,―(1) the name of an individual or firm printed, impressed, or woven in some particular and distinctive manner; or (2) a written signature (or copy thereof) of the individual or firm applying for registration thereof as a trade mark; or (3) a distinctive device, mark, brand, heading, label, or ticket; or (4) an invented word or invented words (a); or (5) a word or words (commonly called "fancy words ") having no reference to the character or quality of the goods, and not being a geographical name (b). The Acts also allow to be added (if the applicant chooses) any letters, words, or figures, or combination thereof, provided that the application carefully expresses what are the essential particulars of the trade mark, and disclaims the exclusive use of such additional matter. Old marks," i.e., any distinctive letter, figure, or word, or combination of such, used as a trade mark before the 13th August, 1875 (e), including representations of the royal crown (d), may also be registered as trade marks under the Acts.

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Remedies of registered owner.-The owner of a trade mark, being first duly registered, may now, without any proof of fraud, obtain an injunction and damages for the unauthorised use of his trade mark (e). By the Merchandise Marks Act, 1887 (f), the forgery of any registered trade mark, or its false application to goods like those in respect of which the mark has been registered, together with many other incidental acts of the like false and fradulent character, are made criminal offences, and punishable accordingly. On the other hand, the registration of a

(z) Act of 1883, s. 64; Act of 1888, s. 10.

(a) Eastman Co. v. Comptroller ("Solio"), [1898] A. C. 571.

(b) "Bovril" Trade Mark, [1896] 2 Ch. 600; Magnolia Metal Co.'s Mark, [1897] 2 Ch. 371; Re Uneeda" Mark, [1901] 2 Ch.

550.

(c) Act of 1988, s. 10; In re Trade Mark" Alpine" (1885), 29 Ch. D. 877.

(d) In re König, [1896] 2 Ch. 236.

(e) Upmann v. Forrester (1883), 24 Ch. D. 231. (f) Kirshenboim [1898] 2 Q. B. 19.

v. Salmon,

trade mark, when it has been registered without sufficient cause, may be expunged on the application of anyone "aggrieved" (g).

Trade names.-The trade name of an individual or firm is not the subject of registration under the Acts; but anyone has a common law right to restrain another person from fraudulently employing the former's trade name or any colourable imitation of it, in such a way as to be calculated to deceive the public by confusing them as to the identity of the two persons and the goods sold by them (h).

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History of the law. In the year 1842, by the Copyright in Designs Act, 1842, which repealed all the previous Designs Acts, and has itself been amended by various subsequent Acts, the proprietor of every new and original design not previously published (whether such design was applicable to the ornamentation of any article of manufacture, or to its pattern, shape or configuration) was enabled to register his design; and thereafter he became entitled to the copyright therein as applied to the specified article, for the varying periods in the Act specified. every such article thereafter published or exposed for sale was to be marked with the design, and with the letters "Rd." (i.e., registered), together with a number or letter showing the date of the registration (). The proprietor obtained on registration a certificate of his title, and such certificate was prima facie evidence of such title. By the 6 & 7 Vict. c. 65, these provisions were extended to articles of manufacture having reference to some purpose of utility, provided the design was for the shape and configuration of such articles.

(g) Act of 1883, s. 90.

(h) Cash v. Cash (1901), 86 L. T. R. 211; Valentine Meat Juice Co. v. Valentine Extract Co. (1900), 83 L. T. 259; North Ches

hire Brewery Co. v. Manchester
Brewery Co., [1899] A. C. 83.
(i) Blank v. Footman, Pretty &
Co. (1888), 39 Ch. D. 678.

All these Designs Acts have now been repealed, and their provisions re-enacted, with amendments, by the Patents, Designs, and Trade Marks Act, 1883. Under that Act, as amended by the Patents, Designs, and Trade Marks Act, 1888, it is provided (in effect), that the proprietor of any registrable design may register it; and he need not distinguish what is new from what is old, nor describe his design with the same nicety and accuracy as is required in the specification of a patent (k). In order to be registered, the design must be for something new or original, and not already published in the United Kingdom (1); but the novelty may consist in the mere combination (m). And the novelty is not now lost by exhibiting the design at any public show, provided the precautions in that behalf appointed by the Act (being the same precautions as those we referred to when speaking of the like exhibition of a patent invention) (n), are observed (0).

Mode of registering. The registration is affected on request made to the comptroller, accompanied with the prescribed number of drawings, photographs, or tracings, or of specimens of the design itself (p); and there is to be kept at the Patent Office a book called "the register of designs," in which the names of all registered proprietors are to be entered, and all assignments of their titles. And the register is primâ facie evidence of such title (q).

Effects of registration.-Upon registration, the proprietor becomes entitled to the copyright of his design for five years from the date of the registration (r); and during the existence of such copyright, it is provided, that it shall not

(k) McCrea v. Holdsworth (1871), L. R. 6 Ch. App. 420.

(l) Act of 1883, s. 47; Harper v. Wright, [1896]1 Ch. 143; Heath v. Rollason, [1898] A. C. 499.

(m) R. v. Firmin (1858), 3 H. & N. 304; Lazarus v. Charles (1873), L. R. 16 Eq. 117.

(n) Vide supra, p. 23.

(0) Act of 1883, s. 39; Act of 1888, s. 3.

(p) Act of 1883, ss. 47, 48; Sched. II. Form E.

(q) Ibid. s. 50.
(r) Ibid. s. 55.

be lawful for any person (without the license or written. consent of the registered proprietor) to apply such design, or any fraudulent or obvious imitation thereof, in the class or classes of goods in respect of which such design is registered, for purposes of sale, to any article of manufacture, or to any substance, artificial or natural, or partly artificial and partly natural; and further, that it shall not be lawful for any person to publish or expose for sale any article of manufacture (or any substance) to which such design, or any fraudulent or obvious imitation thereof, shall have been so applied, knowing that the same has been so applied, without the consent of the registered proprietor. Any person so offending is made liable to forfeit for every offence a sum not exceeding 1007., the registered proprietor of the design being entitled to recover such sum, as a simple contract debt, by action in any court of competent jurisdiction (s). In lieu of such penalty, the registered proprietor may (if he elects to do so) bring an action for the recovery of any damages arising from the application of the design, or of any fraudulent or obvious imitation thereof, for the purpose of sale, to any. article of manufacture (or substance), or from the publication, sale, or exposure for sale by any person of any article (or substance), to which the design, or any fraudulent or obvious imitation thereof, shall have been so applied, such person knowing that the proprietor had not given his consent to such application (†).

(8) Act of 1883, s. 58, as amended by Act of 1888, s. 7.

(t) Act of 1883, s. 59.

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