45. Borders are not recognised as distinctive parts of Trade Marks or Labels in the Cotton Classes; it is necessary, therefore, when any border appears in connection with a proposed new Cotton Trade Mark, that the following note (signed by the Applicant) should be written upon the face or back of each of the papers to which the representations of the Mark are affixed : 66 The border of this Mark is not in itself claimed as the property of the Applicant." CERTIFICATES OF REFUSAL. 46. Owners desirous of obtaining the Registrar's Certificate of Refusal under section 2 of the Trade Marks Registration Amendment Act, 1876, should forward a written application for the same to The Registrar, Trade Marks Registry Office, 4, Quality Court, The letter of application should be accompanied by two unmounted copies of each Mark for which a certificate is required, and tue Registrar's number (or numbers) should be quoted. A Post Office Order (made payable to H. Reader Lack at the General Post Office, London, and crossed) should be forwarded in payment of the proper fees, which are calculated at the rate of 11. for the first Mark refused, and 108. for each subsequent Mark for which a certificate is required for the same owner at the same time. When the certificate required relates to a Mark placed by the Manchester Committee of Experts in the Second Class of Cotton Marks, the number given to the Mark at the Manchester Branch Office should be quoted in the letter of application. Certificates of Refusal relating to Marks placed in the Second Class of Cotton Marks will be in due course advertised in the Trade Marks Journal. ASSIGNMENT OF REGISTERED MARKS. 47. If the assignee resides within the United Kingdom, the deed of assignment, or a certified copy of such deed, should be sent to, or left at, the Trade Marks Registry Office, and Application should at the same time be made by the assignee to be registered as proprietor. The following Form gives the particulars the Registrar requires: Form of Application by Assignee of registered Trade Mark applying to be registered as Proprietor. *Here enter number or other means of identifying Trade Mark on Register. on business at in the county of apply to be registered as proprietor of the Trade Mark above mentioned in succession day of assigned to me the said Trade Mark, together with the goodwill of the business concerned in the goods with respect to which the said Trade Mark is registered. The day of 18 (Signed) A.B. This form of Application should be verified by a declaration as in Form C. given in the Third Schedule to the Rules, substituting for paragraphs (2) and (3) in that Form the words "And I am lawfully entitled to the goodwill of the business concerned in the goods with respect to which the Trade Mark referred to in the said statement marked with the letter 'A' is registered. And I make, &c." The Application Form and the Declaration should be accompanied by the fee for registering a subsequent proprietor, as prescribed in the Second Schedule to the Rules under the Trade Marks Registration, Act, 1875-7, item S. RECTIFICATION OF REGISTER. 48. Where an Order of Court has been obtained to rectify the register the person interested or his agent should send the Registrar an office copy of the Order or of the material part thereof, with a Post Office Order for the amount 10s. The following is suggested as a convenient form :- Sir, Mark No. Enclosed is an office copy of an Order of Court to rectify the entry of the Trade Mark No. on the Register of Trade Marks as to the particulars in said order specified, together with a Post Office Order for 10s., the fee prescribed by the Second Schedule to the Rules published under the Trade Marks Registration Acts 1875-7. 49. Copies of the Rules under the Trade Marks Registration Acts, 1875-7, and of each number of the Trade Marks Journal, may be obtained, on payment of a shilling for each copy, of the following publishers : Knight and Co., 90, Fleet Street; Stevens and Sons, 119, Chancery Lane; E. Stanford, 55, Charing Cross; Butterworths, 7, Fleet Street; G. Downing, 8, Quality Court, Chancery Lane; Waterlow and Sons, Limited, 25, 26, and 27, Great Winchester *Here state calling. J. M. Johnson and Sons, Limited, 3, Castle Street, Holborn, Palmer and Howe, 1, 3, and 5, Bond Street, Manchester; A. and C. Black, Edinburgh. Copies will also be sent by post by any of the above publishers on a prepaid application, containing the name and address of the sender, and accompanied by a Post Office Order for the amount due in respect of the copies required Printed Forms of Declaration and of Statement on Application for the use of person wishing to register Trade Marks are not sold at the Registry Office, but they may be obtained from several of the firms named above. Trade Marks Registry Office, 4, Quality Court, Chancery Lane, H. READER LACK, Registrar. 13th February, 1878. INDEX. ACTS OF PARLIAMENT, Reference to Acts of 1875 & 1876..1 Act of 1875 does not state whether trade mark is or is not does not on that point disturb doctrines of recent authorities, 2 Act of 25 & 26 Vict c. 42..2 Act of 25 & 26 Vict. c. 88; definition of the word person, 14 COMMON LAW, Jurisdiction of Courts of Common Law at an early period in trade marks not treated as property in the cases referred to, 7 the legal title of, disputed, formerly submitted to the exclusive COPYRIGHT, whether copyright constitutes a trade mark, 25, 26, 27 DOCTRINE, now settled that a trade mark is property, 14, 15 EQUITY, Equity would not, before the Act of 25 & 26 Vict. c. 42, grant cases of trade marks in Equity not now sent to Law under the Equity must now decide on the legal right as well as the former doctrine in Equity as well as at Law, that a trade mark |