so much of section one of the principal Act as provides that from and after the first day of July one thousand eight hundred and seventy-six a person shall not be entitled to institute any proceeding to prevent the infringement of any trade mark as defined by that Act until and unless such trade mark is registered in pursuance of that Act, and in place thereof be it enacted that From and after the first day of July one thousand eight hundred and seventy-seven, a person shall not be entitled to institute any proceeding to prevent or to recover damages for the infringement of any trade mark as defined by the principal Act until and unless such trade mark is registered in pursuance of that Act, or until and unless, with respect to any device, mark, name, combination of words, or other matter or thing in use as a trade mark before the passing of the principal Act, registration thereof as a trade mark under the principal Act shall have been refused as herein-after is mentioned. 2. [Saving of marks and devices not capable of being registered under Act.] When an application by any person to register as a trade mark a device, mark, name, word, combination of words, or other matter or thing proposed for registration as a trade mark, which has been in use as a trade mark before the passing of the recited Act, has been refused, it shall be the duty of the registrar, on request, and on payment of the prescribed fee, to give to the applicant a certificate of such refusal, and a certificate so granted shall be conclusive evidence of such refusal. 3. [Short title.] This Act may be cited for all purposes as the Trade Marks Registration Amendment Act, 1876. TRADE MARKS REGISTRATION EXTENSION ACT, 1877. [40 & 41 VICT. CH. 37.] An Act for extending the Time for the Registration of [39 & 40 VICT. c. 33.] WHEREAS by section one of the Trade Marks Registration Amendment Act, 1876, it is provided that from and after the first day of July one thousand eight hundred and seventy-seven a person shall not be entitled to institute any proceeding to prevent or to recover damages for the infringement of any trade mark as defined by the Trade Marks Registration Act, 1875 [38 & 39 VICT. c. 91.] (referred to in such Amendment Act and in this Act as the principal Act), until and unless such trade mark is registered in pursuance of the principal Act, or until and unless, with respect to any device, mark, name, combination of words, or other matter or thing in use as a trade mark before the passing of the principal Act, registration thereof as a trade mark under the principal Act shall have been refused, as is in the said Act thereafter mentioned: And whereas by reason of the difficulties attending the registration of trade marks used in the textile industries it has been found impossible to complete the registration of such trade marks within the time specified by the said section, and it is therefore expedient to prolong such time as aforesaid: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. [Extension of time for registration of trade marks used in textile industries. In so far as relates to the registration of trade marks used in the textile industries, but not further or otherwise, section one of the Trade Marks Registration Amendment Act, 1876, shall be construed as if for the words "from and after the first day of July one thousand eight hundred and seventy-seven" there were substituted the words "from and after the first day of January one thousand eight hundred and seventy-eight, or such further time as Her Majesty may by Order in Council determine." 2. [Definition of "trade marks used in the textile industries."] The expression in this Act "Trade marks used in the textile industries means the trade marks relating to goods comprised in classes 23 to 35, both inclusive, of the First Schedule to the rules under the Trade Marks Registration Acts, 1875-76, dated September 1876. 3. [Short title of Act.] This Act may be cited for all purposes as the "Trade Marks Registration Extension Act, 1877," and this Act and the Trade Marks Registration Amendment Act, 1876, and the Trade Marks Registration Act, 1875, may be cited together as the "Trade Marks Registration Acts, 1875-77.” 66 66 ORDER IN COUNCIL. At the Court at Windsor, the 12th day of December, 1877. Present: The Queen's most Excellent Majesty in Council. WHEREAS by section one of "The Trade Marks Registration Extension Act, 1877," 40 & 41 Victoria, cap. 37, it is enacted that "in so far as relates to the registration of trade marks used in the textile industries, but not further or otherwise, section one of the Trade Marks "Registration Amendment Act, 1866, shall be construed as if for the "words, 'from and after the first day of July one thousand eight hundred and seventy-seven,' there were substituted the words 'from and atter "the first day of January one thousand eight hundred and seventyeight, or such further time as Her Majesty may by Order in Council determine:"" 666 666 And whereas it is deemed expedient that the time for the registration of trade marks used in the textile industries should be extended beyond the first day of January one thousand eight hundred and seventyeight: Now, therefore, Her Majesty by and with the advice of Her Privy Council is pleased in accordance with the above recited enactment to prolong, till the 30th of June 1878, the time for the registration of trade marks used in the textile industries. C. L. PEEL. RULES UNDER THE TRADE MARKS REGISTRATION ACTS, 1875-7. Rule. ARRANGEMENT OF RULES. Preliminary. 1. Classification of goods in schedule. 2. Fees. 3. Determination of doubt as to classes. 4. Registration of different trade marks, or trade marks in different classes. Application for Registry. 5. Proceedings on application. 6. Contents of statement on application. 7. Requisites of statement. 8. Nature and size of representation of trade mark. 9. Declaration to accompany application. 10. Application by company. 11. Application by firm. 12. Acknowledgment of application by registrar. Advertisement of Application and Notice of Opposition. 13. Advertisement of application. 14. Definition of official paper. 15. Means of advertising trade mark to be supplied to official paper. 16. Notice and proceedings for opposition. Registration of Trade Marks. 17. Time of registration of trade mark. 18. Duty of registrar in case of disputed claim. 19. Prohibition of registration of identical trade marks. 20. Entries to be made in register. 21. Notice of registration. 22. Trust not to be entered in register. Registration of subsequent Proprietors. 23. Registration of assignee or transmittee. 24. Production of assignment, &c., by assignee. 25. Right of transmittee or his assignee. 25. Evidence to be produced on transmission. 27. Declaration by assignee and transmittee. 28. Assignee, &c., of joint owners. 29. Registration of joint owners as separate owners of separate trade marks. Continuance of a Trade Mark on the Register. 30. Removal of trade mark after fourteen years, unless fee paid. 31. Payment of additional fee after expiration of fourteen years. 32. Power of Commissioners to restore trade marks. 33. Trade mark like one removed not to be registered for five 34. Removal of trade mark where no business in goods. years. Rule. Alteration and Rectification of Register. 35. Alteration of non-essential parts of trade mark. 36. Entry of rectification in register. 37. Publication of rectification or alteration of register. 38. Notice to registrar of opposition in any matter. 39. Alteration of address, &c., in register. 46. Time for delivery of old Sheffield marks. 47. Manner of delivery of old Sheffield marks. 48. Time for delivery of new Sheffield marks. 49. Manner of delivery of new Sheffield marks. 50. Period between notice to registrar and assignment of new Sheffield marks. 51. Time for notice of application to register new trade marks to Cutlers Company. 52. Manner of giving notice to Cutlers Company of application. 53. Time between notice to Cutlers Company and registration of trade mark. 54. Time for notice of assignment of mark, or registration of mark. 55. Manner of giving notice of assignment or registration of mark. 56. Description of copies for purpose of Cutlers Company. Cotton Goods. 57. Establishment of office for exhibition of cotton trade marks at Manchester. 58.* Representations of cotton marks to be sent to Manchester Office on or before the 1st December 1876. 39. Committee of experts to be appointed, and to divide cotton marks into two classes. 60. Committee to form list of marks sent in to Manchester office. 61. Marks may be added to list. 62. Any person claiming to be the proprietor of a cotton mark in Class 1. may apply to be registered. 63. Cotton mark not to be registered except in manner herein prescribed. Declaration and Evidence. 64. Dispensing with declaration, evidence, &c. 65. Manner in which and persons before whom declaration is to be taken. *See Amended Rule 58, page 108. Rule. 66. Notice of seal of officer taking declaration to prove itself. 67. Declaration by infant, lunatic, &c. Commissioners of Patents. 68. Registrar subject to Commissioners of Patents. Notices. 69. Notices to be in writing and served by post. 70. Mode of addressing notices. 71. Construction of Rules. 72. Forms. ADDITIONAL RULES RELATING TO COTTON MARKS. Representations of cotton marks to be sent to the Manchester office by owners resident in the United Kingdom on or before the 1st January 1877; by owners resident abroad on or before the 1st March 1877. Advertisement of cotton marks. Time of registration of cotton marks. APPLICATION OF REGISTERED PROPRIETOR TO CANCEL ENTRY ON RULES. WHEREAS by the Trade Marks Registration Act, 1875, the Lord Chancellor is authorised from time to time, with the assent of the Treasury as to fees, to make general rules as to the registry of trade marks, and other matters connected therewith, and also when made to alter, annul, or vary such rules, as is in the said Act mentioned: Now, therefore, I, the Right Honourable Hugh MacCalmont Baron Cairns, of Garmoyle in the County of Antrim, Lord High Chancellor of Great Britain, in pursuance of the said Act, and of all other powers enabling me in this behalf, do hereby, without prejudice to any proceedings that may have been taken under any former rules as to the registry of trade marks before made by me, annul all such rules, and do hereby make the following Rules: PRELIMINARY. 1. [Classification of goods in schedule.] For the purposes of these Rules goods are classified in the manner appearing in the first schedule hereto. 2. [Fees.] The fees to be charged in pursuance of these Rules are the fees specified in the second schedule hereto. 3. [Determination of doubt as to classes.] If any doubt arises as to what class any particular description of goods belongs to, the doubt shall be determined by the registrar. 4. [Registration of different trade marks, or trade marks in different classes.] A trade mark or trade marks may be registered in pursuance |