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 INCLUDING 
 
 THE MERCHANDISE MARKS ACT, 1862, 
 
 THE TRADE MARKS REGISTRATION ACT, 1875, 
 
 tfic Ixulcs thereunder, 
 
 AND 
 
 PRACTICAL DIRECTIONS FOR OBTAINING 
 REGISTRATION; 
 
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 KINO'S COLLEGE, CAMBRIDGE. 
 
 LONDON : 
 
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 publishers anb goohstlkrs. 
 
 1876.
 
 T 
 
 LONDON : 
 STEVENS AND RICHARDSON, PRINTERS, 5, (/REAT QUEEN bTHEKT, 
 
 LINCOLN'S-INN-FIELDS, w.c.
 
 PREFACE. 
 
 ALTHOUGH the principles of trade mark law are well 
 ascertained, there has been since the 22nd Eliz. (a), a 
 large and increasing amount of litigation relating to trade 
 marks, shewing the value which is set by the world of 
 commerce upon the use of these symbols. 
 
 It may safely be asserted, that many cases of infringe- 
 ment would never have occurred at all, and many others 
 not have been brought into Court, had there been any 
 ready means of ascertaining the true proprietors of the 
 various trade marks in use in the different branches of 
 trade. 
 
 To provide these means appears to be the chief object 
 of the short Registration Act, passed on the 15th of July, 
 1875, and the numerous rules thereunder published in 
 January, 1876. 
 
 Tlie Act of 1875 has not greatly affected the Merchan- 
 dise Marks Act of 1862. - 
 
 (a) See the case mentioned by l)oderidge in Southern v. How, 
 Popham, 143. 
 
 A 2
 
 IV PREFACE. 
 
 The above mentioned Acts and Kules represent the 
 total result of legislative action on the general subject of 
 trade marks. 
 
 The case law bearing upon trade marks is scattered over 
 a large area of Reports. 
 
 The Act of 1875 has rendered it extremely advisable 
 that the owners of valuable trade marks should apply for 
 registration at least three months before the 1st of July, 
 1876. 
 
 These circumstances have led the author to believe, 
 that a publication in the present form would meet an 
 existing and pressing want. He has accordingly collected 
 into one small volume the text of the above mentioned 
 Acts and Rules, adding thereto such notes as appeared 
 to be in point, and has prefixed by way of introduction 
 first, such general view of the principles of the law of 
 trade marks, established by the reported cases, as appeared 
 suitable to enable the lay reader and legal student to 
 appreciate the general bearing of the Acts and Rules, 
 and, secondly, a few practical suggestions as to the selection 
 of a trade mark, and directions as to the method of 
 obtaining registration, which he hopes may be useful to 
 those who may have occasion to avail themselves of the 
 Act. 
 
 The writer has not forgotten that some readers may 
 not have facilities for referring to the reported cases, and
 
 PREFACE. V 
 
 has therefore quoted more at large, and generally 
 written in a style less terse, than he would have attempted 
 had he ventured to write exclusively for the use of the 
 profession. 
 
 On reading the cases, the writer found many which 
 appeared to have been reported merely to show the bear- 
 ing of special circumstances upon the principles then 
 already established by authority. Many of these cases 
 are not cited in the following pages, but it occurred to the 
 writer that his trouble in referring to the cases not cited, 
 might not be altogether wasted, if he prepared such a list of 
 all the trade mark cases to which he had referred, as might 
 perhaps serve to refresh the memory of the practitioner as 
 to the point or principle decided or mentioned in each case. 
 This list will be found at page vii., and it will be seen 
 that it is prepared in a somewhat novel form. Opposite 
 the name of each case are placed in one column the 
 references to the Reports in which the case appears, 
 and in a separate column such short index of its contents 
 as could be comprised in a few catchwords or a short 
 sentence. 
 
 As trade mark cases are often known either by the 
 article to which the mark was applied, or by the words 
 forming a portion of the mark itself, the practitioner will, 
 it is hoped, excuse the appearance of such unscientific
 
 Vi PREFACE. 
 
 terms as " the Omnibus Case," " Mexican Balm," and 
 others of a like nature among the catchwords. 
 
 In presenting this little work to the profession and 
 general public, the writer craves their indulgence, on the 
 ground of the short period which has elapsed since the 
 Eulei were made public, and the importance of proceeding 
 to press at the earliest possible data. 
 
 5, OLD SQUARE, LINCOLN'S INN. 
 March 11, 1876.
 
 TABLE OF CASES. 
 
 NOTE. This table contains a list of a large proportion of 
 the cases specially bearing upon the subject of Trade 
 Marks, showing the reports in which they are to be 
 found and briefly indicating the nature of each case. 
 
 The reference to the pages in the following text will be 
 found in column 3 after the catch word of the subject 
 upon which each case is cited. The letters " t. m." are 
 used as an abbreviation of " trade mark." 
 
 NAME OP CASE.. 
 
 KEPOKTS. 
 
 INDEX. 
 
 Ainsworth v. Walms- 
 ley . 
 
 L.R. 18, Eq. 518 
 
 T. m. in system of numbers 
 and surname, 10. 
 "Property," 12. 
 
 Batty v. Hill 
 
 1 H. & M. 264 
 
 Prize Medal, award of, does 
 not confer property in 
 words, 26 & 27 Vic. c. 119. 
 
 Blackwell v. Crabb 
 
 36 L.J. Ch. 504 
 
 Points of resemblance and 
 
 
 
 difference, 19. 
 
 Blanchard v. Hill 
 
 2 At. 484 
 
 Mogul card stamp, monopoly. 
 
 Blofield v. Payne 
 
 4B. & Ad. 410 
 
 Nominal damages, 2, 26. 
 
 Bradbury v. Dickens 
 
 27 Beav. 53 
 
 Right to title " Household 
 Words," an asset of 
 partnership. 
 
 Braham v. Bustard 
 
 1 H. & M. 447 
 2 N.R. 572 
 
 " Excelsjor " protected as if 
 t. m., 10. 
 Actual t. m. not infringed.
 
 Vlll 
 
 TABLE OF CASES. 
 
 NAME OF CASE. 
 
 Browne v. Freeman 
 
 v. 
 
 v. Hately 
 
 v. Hills 
 Bury v, Bedford 
 
 Oanham v. Jones 
 Cartier v. Carlile 
 Chappell v. Davidson 
 
 Chappell v Sheard 
 Churton v. Douglas 
 
 Clark v. Freeman 
 Clement v. Maddick 
 
 4 N.R. 476 
 11 W.R. 305 
 
 3DeG.M.&G.S96 
 26 Beav. 249 
 
 26 Beav. 244 
 
 4DeG.J.&S.352 
 10 Jur. N.S. 503 
 
 2 V. & B. 218 
 
 31 Beav. 292 
 8 Jur. N.S. 183 
 
 2 K. & J. 123 
 8 De G. M. & G. 1 
 
 2 K. & J. 117 
 
 1 Johns. 1 74 
 28 L.J. Ch. 841 
 
 11 Beav. 112 
 17 L.J. Ch. 142 
 
 1 Giff. 98 
 
 5 Jur. N.S. 592 
 
 Use of word "original" no 
 injunction for disparage- 
 ment of goods. 
 
 Right to use own name, 32. 
 
 Innocent infringer, account 
 
 waived, 30. 
 Costs, 34. 
 
 Account waived, 30. 
 Costs, 34. 
 
 Connection of t. m. with 
 
 goodwill, 13, 77. 
 T. m. asset of partnership, 14. 
 Assignment of Sheffield 
 
 mark, 87. 
 
 Monopoly, lawful use of 
 trade name. 
 
 Innocent infringer, account, 
 29, 30, 31. 
 
 Practice, Property in name 
 and description of song. 
 
 Same as last case. 
 
 Trade name part of goodwill, 
 
 13. 
 Trading by assignor of right 
 
 to use his name, 23. 
 
 No injunction against mere 
 libel by use of name. 
 
 Bell's Life v. Penny Bell's 
 
 Life. 
 
 No fraud. 
 Form of injunction.
 
 TABLE OF CASES. 
 
 IX 
 
 NAHB OP CASE. 
 
 Coates v. Holbrook 
 
 Cocks v. Chandler 
 Colburn v. Simms 
 
 Collins Co. v. Brown 
 Collins Co. v. Cowen 
 Collins Co. v. Keeves 
 
 Collins Co. v. Walker 
 Cope v. Evans 
 
 Cotton v. Gillard 
 
 Crawshay v. Thomp- 
 son 
 
 Croft v. Day 
 
 Davenport v. Rylands 
 
 Delondre v. Shaw 
 
 2 Sandford, Ch 
 R. 586 
 
 L.R. 11 Eq. 446 
 
 2 Hare, 543 
 
 3 K. & J. 423 
 3 K & J. 428 
 28 L.J. Ch. 58 
 
 7 W.R. 222 
 
 L.R. 18 Eq. 138 
 30 L.T. 292 
 
 44 L. J. Ch. 90 
 
 4 M. & Gr. 357 
 
 5 Scott N.R. 562 
 
 7 Beav. 84 
 
 ,.R. 1 Eq. 302 
 
 2 Sim. 237 
 
 INDEX. 
 
 American case. 
 Inferiority of goods. 
 Knowledge of Purchaser. 
 Aliens. 
 
 Reading sauce. 
 
 Acquiescence, 15. 
 
 " Original," use of word, 17. 
 
 Not a t. m. case. 
 Common law as to delivery up 
 of illegal copies of book, 31. 
 
 Aliens, 1. 
 
 Nature of right to t. m. 
 
 Old practice as to directing 
 trial at law. 
 
 Submission of defendant not 
 to continue. Costs. 
 
 Proof of infringment. 
 Similarity, 18, 19. 
 Seixo v. Provezende ex- 
 plained, 21. 
 
 T. m. cannot exist in gross. 
 Order and disposition. 
 
 Proof of scienter necessary at 
 common law, 26. 
 
 Blacking case, use of defen- 
 dant's name in fraud of 
 the plaintiff, 11, 23. 
 
 )bjects of infringement, 19. 
 
 Patent case, distinction as to 
 damages, 28. 
 
 'arties. Foreign copyright. 
 A 3
 
 TABLE OF CASES. 
 
 NAME OF CASE. 
 
 Dent v. Turpin 
 
 Dixon v. Fawcus 
 
 Edelsten v. Edelstcn 
 
 Edelsten v. Vick 
 
 Emperor of Austria v. 
 Day 
 
 Estcourt v. Estcourt 
 Hop Essence Co. 
 
 Farina v. Silverlock 
 
 Fisher v. Apollinaris 
 Water Co. 
 
 Ford v. Foster 
 
 2 J. & H. 139 
 30 L.J. Ch. 495 
 
 3 E. & E. 537 
 30 L.J. Q.B. 137 
 8 Jur. N.S. 896 
 
 1 De G. Jo. & Sin. 
 185 
 
 11 Hare, 78 
 
 3 De G. F. t J. 
 
 217 
 
 L.R. 10 Ch. 276 
 
 6 De G. M. & G. 
 
 214 
 4 K. & J. 650 
 
 L.R. 10 Ch. 297 
 44 L.J. Ch. 500 
 32 L.T. 628 
 
 L.R. 7 Ch. 611 
 
 T. m. in name of deceased 
 
 trader, 10. 
 Several owners, 15. 
 Account, 31. 
 Demurrer, allegation of 
 
 damage. 
 
 Remedy over of innocent in- 
 f ringer, 18. 
 
 Where proof of scienter ne- 
 cessary, 26. 
 
 10, 
 
 Name resulting from t. m., 21. 
 Account against innocent in- 
 fringer, 30. 
 
 Allegation on t. m. of patent 
 which had expired, 9. 
 
 Hungarian notes. 
 Specific relief, 32. 
 
 Fraudulent trade, 7. 
 Costs, 34. 
 
 Old practice as to directing 
 
 action in doubtful cases. 
 Specific relief, 32. 
 
 Compromise of criminal pro- 
 ceedings under M.M.A.,50. 
 Suspension of civil remedy,59. 
 
 Eureka, 10. 
 
 Ex turpi causa non oritur 
 
 actio, 7, 82. 
 Injunction as to public, not 
 
 trade, use, 11. 
 Publici juris, 16. 
 Old practice in equity, 26. 
 Account, 29. 
 " Patent," 56.
 
 TABLE OF CASES. 
 
 NAME OF CASE. 
 
 REPORTS. 
 
 INDEX. 
 
 Flavel v, Harrison 
 
 10 Hare, 467 
 22 L.J. Ch. N.S. 
 
 False allegation of patent, 8. 
 Laches. 
 
 
 886 
 
 
 Franks v. Weaver 
 
 10 Beav. 297 
 
 Deception without actual 
 falsehood, 10. 
 
 Glenny v. Smith 
 
 2 Dr. & Sm. 476 
 
 Name of former employer 
 improperly used, 10. 
 Practice as to evidence, 19. 
 
 Gout v. Aleploglu 
 
 6 Beav. 69 
 
 Turkish word for "war- 
 ranted " protected as t. m. 
 
 Hall v. Barrows 
 
 4DeG.J.&S. 150 
 32 L.J. Ch. 548 
 33 L.J. Ch. 204 
 10 Jur. N.S. 55 
 
 T.m.in initials 10,orname,89, 
 asset of partnership, good- 
 will, 13, 77, "property," 
 imposition a test of in- 
 
 
 
 vasion. 
 
 Harrison v. Taylor 
 
 11 Jur. N.S. 408 
 
 Delay, account refused. 
 
 Hine v. Last 
 
 10 Jur. 106 
 
 Intent presumed from close- 
 ness of imitation. 
 
 Hirst v. Denman 
 
 L.R. 14 Eq. 542 
 41 L.J. Ch. 752 
 27 L.T. 56 
 
 T.m. in name of unregistered 
 pattern. 
 
 Hogg v. Kirby 
 
 8 Ves. 215 
 
 Publication by defendant of 
 magazine as continuation 
 of plaintiff's restrained. 
 
 Hollowayv. Holloway 
 
 13 Beav. 209 
 
 Injunction affecting use of 
 defendant's own name, 
 fraud being proved. 
 
 I lookman v. Pottage 
 
 L.R 8 Ch. 91 
 
 Improper reference to name 
 of late firm, 10. 
 
 Hunt v. Maniere 
 
 34 Beav. 157 
 
 Goods in possession of whar- 
 finger, his duty before in- 
 junction.
 
 Xll 
 
 TABLE OF CASES. 
 
 NAME OP CASE. 
 
 Iiigram v. Stiff 
 James v. James 
 
 Kelly v. Hutton 
 Kinahan v. Bolton 
 
 Knott v. Morgan 
 
 Lawson v. Bank of 
 London 
 
 Leather Cloth Co. v. 
 American Leather 
 Cloth Co. 
 
 Leather Cloth Co. v. 
 Hirschfield 
 
 Leather Cloth Co. 
 v. Lorsont 
 
 Lee v. Haley 
 
 Leman v. Houseley L. E. 10 Q.B. 66 
 
 5 Jur.N.S. 947 
 L.R. 13 Eq. 421 
 
 L.R. 3 Ch. 703 
 15 IT. Ch. Rep. 75 
 
 2 Keen, 213 
 18 C.B. 84 
 
 11 H.L. Ca. 523 
 35 L.J. Ch. 53 
 
 L.R. 1 Eq. 299 
 L.R. 9 Eq. 345 
 L.R. 5 Ch. 155 
 
 London Journal v. Daily 
 London Journal. 
 
 Use of name of deceased 
 discoverer of secret pre- 
 paration, 4, 17. 
 
 Assignment of right in name 
 of newspaper. 
 
 "L.L." acquiescence. 
 
 Protest. 
 
 Account. 
 
 Omnibus case. . 
 Neglect of plaintiff to comply 
 with fiscal regulation. 
 
 Actual user necessary, 6, 76. 
 Note by editor on the cases. 
 
 " Patent " deception, 8, 9. 
 Similarity, 18. 
 
 Advertisement not t. m., 90. 
 Assignment causing decep- 
 tion, 89. 
 
 Damages, 27. 
 
 Not fully reported on t. m. 
 point. 
 
 The Guinea Coal Company, 
 Injunction limited as to 
 locality, 11. 
 
 Laches, 33. 
 
 Misconduct of plaintiff, 7. 
 
 Not a t. m. case, see p. 74.
 
 TABLE OF CASES. 
 
 Xlll 
 
 KAME OP CASE. 
 
 REPORTS. 
 
 Lewis v. Langdon 
 
 Liebig Extract, &c., 
 Co. v. Hanbury 
 
 Mack v. Fetter 
 
 M' Andrew v. Bassett 
 
 Marshall v. Ross 
 
 Maxwell v. Hogg 
 Millington v. Fox 
 
 Moet v . Couston 
 Morgan v. McAdam 
 
 Morison v. Moat 
 Morison v. Salmon 
 Motley v. Downman 
 
 7 Sim. 421 
 
 17 L.T.N.S. 298 
 
 L.R. 14 Eq. 431 
 41 L.J. Ch. 781 
 
 33 L.J. Ch. 561 
 10 L.T. N.S. 445 
 4 N.R 12, 123 
 
 L.R. 8 Eq. 651 
 
 L.R. 2 Ch. 307 
 3 My. & Cr. 338 
 
 33 Beav. 578 
 
 10 Jur. N.S. 1012 
 
 4 N.R. 86 
 
 36 L. J. Ch. 228 
 
 9 Hare, 241 
 15 Jur. 787 
 
 2 M. & Gr. 385 
 
 3 My. & Cr. 1 
 
 Right to style of partnership 
 held to survive. 
 
 Name of person becoming 
 name of article. 
 
 Colourable imitation of book. 
 
 Anatolia, t. m. in name of 
 
 country, 10. 
 Costs, 34. 
 Length of user, 6. 
 
 "Patent" used without re- 
 ference to letters patent, 
 9, 56. 
 
 Actual user required, 6, 7, 76. 
 No copyright in single word. 
 
 Ignorance no defence, 11, 
 
 13, 17. 
 Costs, 34. 
 Account waived, 30. 
 
 Account, innocent infringer, 
 
 30. 
 Costs, 35. 
 
 False allegation of patent in 
 
 t. m., 8. 
 Criminal proceedings, 45. 
 
 Trade secret, breach of faith. 
 
 Sufficiency of declaration, 
 false representation. 
 
 T. m. in initials denoting 
 place of manufacture, for- 
 mer v. present lessee.
 
 XIV 
 
 TABLE OF CASKS, 
 
 NAME OF CASE. 
 
 Oldham v. James 
 
 Partridge v. Menck 
 Perry v. Truefitt 
 
 Pidding v. How 
 Pierce v. Franks 
 
 Ponsardin v. Peto 
 
 Prudential Assurance 
 Co. v. Knott 
 
 Purser v. Brain 
 
 Pye v. Butterfield 
 Radde v. Norman 
 
 Raggett v. Findlater 
 Ransome v. Bentall 
 
 4 Ir. Ch. Rep. 
 
 2 Sandford Ch. 
 Rep. 622 
 
 6 Beav. 66 
 
 8 Sim. 477 
 
 15 L.J. Ch. N.S. 
 
 122 
 10 Jur. 25 
 
 33 L. J. Ch. 371 
 33 Beav. 642 
 10 Jur. N.S. 6 
 
 L.R. 10 Ch. 142 
 17 L.J. Ch. 141 
 
 34 L. J. Q.B. 17 
 5 B. & S. 829 
 
 L.R 14 Eq. 348 
 
 L.R, 17 Eq. 29 
 43 L.J. Ch. 64 
 29 L.T. 715 
 
 3 L.J. N.S. 161 
 
 When compromise of action 
 for infringement not en- 
 forced. 
 
 American case, test of colour- 
 able imitation. 
 
 Mexican Balm, false state- 
 ment by plaintiff as to 
 article. 
 
 Howqua tea mixture, false 
 representation as to article. 
 
 What not unnecessary litiga- 
 tion. 
 Costs. 
 
 Removal of fraudulent t. m., 
 innocent holders, 32, 54. 
 
 Mortgagee's priority over 
 plaintiff's costs. 
 
 Libel no ground for injunc- 
 tion. 
 
 Old practice as to directing 
 trial at law. 
 
 Not a t. in. case, privilege of 
 witness, 59. 
 
 T. m. in name of place of 
 
 origin, 10. 
 Evidence in interlocutory 
 
 application. 
 
 No t. m. in word of quality 
 as "nourishing." 
 
 " H.H. 6 " use of combina- 
 tion restrained.
 
 TABLE OF CASES. 
 
 XV 
 
 NAME OF CASK. 
 
 Reg. v. Gloss 
 
 Reg. v, Dundas 
 Reg. v. Gray 
 
 Reg. v. Hardey 
 Reg. v. Smith 
 
 Reg. v.Sutor & Coulson 
 
 Richards v. William- 
 son 
 
 Robertson v. Quid- 
 dington 
 
 Rodgers v. Nowill 
 
 Rodgers v. Nowill 
 Rodgers v. Nowill 
 
 Seeley v. Fisher 
 
 1 Dears & B. C.C. 
 
 460 
 27 L.J. M.C. 54 
 
 6 Cox 380 
 
 May 13, 1854 
 See 23 L.T. 2nd 
 Pt. 77 
 
 14 Q.B. 529 
 
 1 Dears & B.C.C. 
 
 566 
 27 L.J. M.C. 225 
 
 10 Cox C.C. 577 
 
 30 L.T. N.S. 746 
 
 28 Beav. 529 
 
 6 Hare, 325 
 
 5 C.B. 109 
 
 3 De G. M. & G. 
 
 614 
 
 11 Sim. 581, 10 
 L J. Ch. 275 
 
 Painting artist's name on 
 picture not his, what com" 
 mon law offence, 47. 
 
 False pretences, 48. 
 
 Alsopp's beer. 
 False pretences. 
 Fraudulent conspiracy. 
 
 When civil and criminal 
 remedies concurrent, 59. 
 
 Uttering fraudulent wrappers 
 not forgery at common 
 law, 47. 
 
 False pretences, spurious hall 
 mark, 48. 
 
 Use of discarded lock plates 
 with plaintiffs mark on so 
 as to make whole gun 
 appear his. 
 
 Legacy of share of goodwill. 
 
 Old practice as to directing 
 
 action. 
 Defendant of same name as 
 
 plaintiff. 
 
 Intent to deceive. 
 
 No proof of special damage, 2 6. 
 
 Motion to commit, acqui- 
 escence, 15. 
 
 Distinction between misre- 
 presentation as to owner 
 and disparagement. 3.
 
 XVI 
 
 TABLE OF CASES. 
 
 NAME OF CASE. 
 
 REPORTS. 
 
 Seixo v. Provezende 
 Shrimpton v. Laight 
 
 Singleton v. Bolton 
 Southern v. How 
 Spottiswoodev.Clarke 
 
 Sykee v. Sykes 
 Taylor v. Carpenter 
 TJpman v. Elkan 
 
 Ward v. Beeton 
 
 Welch v. Knott 
 
 Williams v. Bayley 
 Woollam v. Ratcliffe 
 
 Wotherspoon v. Currie 
 
 L.R. 1 Ch. 192 
 18 Beav. 164 
 
 3 Doug. 293 
 Pop. 143 
 
 2 Ph. 154 
 
 3 B. & C. 541 
 
 2 Sandford, Ch. R. 
 603, 11 Paige 
 292 
 
 L.R. 12 Eq. 140, 
 367 Ch. 130 
 
 L.R. 19 Eq. 207 
 
 4 K. & J. 747 
 
 L.R. 1 H.L. 200 
 1 H. & M. 259 
 
 L.R. 5 H.L. 508 
 42 L.J. Gh. 130 
 
 Same trade name from dis- 
 similar t. m., 21. 
 
 Liability to deceive skilled 
 persons neednot be proved. 
 
 Name of original inventor. 
 Reference to case in 22 Eliz. 
 
 Distinction between t. m. and 
 title page. 
 
 Knowledge of immediate pur- 
 chaser not a defence, 18, 
 expired patent, 56. 
 
 Vendor as well as manufac- 
 turer entitled to t. m. 
 Where fraud presumed. 
 
 Goods in hands of innocent 
 persons, specific relief, 32, 
 51. 
 
 Assignor of right to use his 
 name in connexion with 
 magazine restrained. 
 
 Using bottles with plaintiff's 
 name moulded thereon. 
 
 Compromising prosecution,50. 
 
 Proof required when general 
 imitation, but not of t. m. 
 
 Glenfield, t. m. in name of 
 
 place, 10. 
 Where fraud must be proved.
 
 TABLE OF CASES. 
 
 XVli 
 
 NAME OP CASE. 
 
 Wright v. Tallis 
 Young v. Macrae 
 
 1 C.B. 893 
 
 9 Jur. N.S. 322 
 
 Deceit on part of plaintiff, 
 copyright case. 
 
 Paraffine. 
 
 Distinction between fancy 
 
 and other names. 
 Nameacquiredduringpatent.
 
 CONTENTS OF THE INTRODUCTION. 
 
 PAGE 
 
 Division into two parts . ' . . ' . . , . 1 
 Objects of parts one and two . . '. . '. . . . 1 
 
 PART I. 
 
 General principle representations and misrepresentations 
 
 apart from all question of trade marks .... 1 
 
 Result general proposition, explanation and example . . 3 
 Representations may be made by express or circumstantial 
 
 affirmation .......... 4 
 
 Instances of the latter ........ 5 
 
 How representations may be lawfully made .... 5 
 
 By marks, brands, &c., if properly chosen .... 5 
 
 Conditions of proper choice . . . . . . 5 
 
 Mark selected must not be already in use .... 5 
 
 Exclusive public user required ...... 6 
 
 Theoretical objection ........ 6 
 
 Alteration introduced by Act of 1875 . . . . . 7 
 
 Remaining conditions of proper choice ..... 7 
 
 Ex turpi causa nan oritur actio ...... 7 
 
 Fraudulent trade ......... 7 
 
 Falsehood in trade mark itself 7 
 
 Use of word patent in trade mark ...... 8 
 
 Deception caused thereby 8 
 
 Case of patent having expired ...... 9 
 
 Essential particulars of trade mark not important before the 
 
 passing of the Act of 1 875 ....... 9 
 
 Instances of injunctions . . . . . . . .10 
 
 Trade mark law does not depend upon law as to representa- 
 tions alone . . . . . . . . . .11 
 
 Ignorance of infringer no excuse 11 
 
 In what sense the right to use a trade mark is property . . 12 
 
 Explanation of M'dliiujton v. F(tx 13 
 
 How the right to a trade mark may be dealt with . . .13 
 
 Connexion with goodwill of business 13 
 
 An asset of partnership . . . . . . . .14 
 
 Conditions of valid assignment . . . . . .14 
 
 Change in meaning of trade names and symbols from lapse 
 
 of time 1 4
 
 CONTENTS. 
 
 Several owners 
 
 Eight lost by abandonment or acquiescence 
 
 As to cases where injunction obtained 
 
 Test of abandonment to public use 
 
 " Publici juris" 
 
 Effect of Act of 1875 on this point 
 
 Use of the word " original " 
 
 Infringement . 
 
 How proved . 
 
 When exact copy used 
 
 When colourable imitation 
 
 Similarity 
 
 Object of infringer may be twofold 
 
 Cases where relief granted, although no similarity of t. m. but 
 
 similarity of trade name resulting therefrom . . .21 
 When alleged infringer bears the name which appears in the 
 mark ........... 21 
 
 Caution exercised by Court in framing injunction ... 23 
 Remedies : 
 
 Criminal proceedings . ..... 24 
 
 Civil remedies under .Act of 1862 24 
 
 Civil remedies apart from that Act .... 25 
 To which division action should be assigned . . 25 
 Remedies prior to November 1, 1875 .... 25 
 At common law 
 
 Damages, substantial and nominal ... 25 
 
 Proof of fraud necessary 26 
 
 In equity 
 
 Injunction ........ 26 
 
 Equitable relief in aid of legal right ... 26 
 Form of injunction . . . . . .27 
 
 Equitable jurisdiction as to damages ... 27 
 Former procedure . . . . . . .27 
 
 Principles of assessment of damages the same at law and in 
 equity ........... 27 
 
 Exception 27 
 
 Distinction between patent and trade mark cases as to damages 28 
 
 Account in equity 29 
 
 Specific relief under Act of 1862 31 
 
 Other specific relief 31 
 
 Defences 32 
 
 Costs 34 
 
 PART II. 
 
 Reasons for registering 35 
 
 Practical suggestions as to the selection of a trade mark . 36 
 
 Practical directions for obtaining registration ... 39
 
 THE INTRODUCTION 
 
 Is divided into two parts, the first being intended Object and 
 to furnish some general information on the Law of introduc- 
 Trade Marks, which would have been out of place 
 in the notes to the Acts themselves, but which 
 appeared necessary to enable the lay reader and 
 law student to appreciate the bearing of the Acts 
 and Eules upon the subject. The second, com- 
 mencing at page 35, contains practical directions 
 as to obtaining registration, with a few sugges- 
 tions on the selection of a Mark for the purpose 
 of registration, which can be of use only to 
 persons engaged in obtaining or contemplating 
 registration. 
 
 PART I. 
 
 Generally speaking, all the Queen's subjects, General 
 all persons residing in her dominions, and the pn " 
 subjects of all friendly states (a), carrying on 
 lawful trading, have the right, if they will, to 
 manufacture or sell goods, and to announce the 
 fact to the public. None of such persons have 
 
 (a) See for instance the cases in which the Collins 
 Company of America were plaintiffs.
 
 2 TBADE MAKES. 
 
 Represent- the right to vend goods, not "being goods manu- 
 
 tions and , . - 111* 
 
 misrepre- lactured by or coming from the hands of any 
 
 senutions . , , - , 
 
 apart from particular person, as manufactured by or coming 
 of trade l from the hands of such particular person. If a 
 trader induces the purchaser of goods to buy them, 
 by affirming contrary to the fact that another 
 trader has had anything to do with them, he 
 cheats two persons, the purchaser and the rival 
 trader; and each of them may sue him in the 
 Civil Courts, and anybody may prosecute him in 
 the name of the Queen by criminal proceedings 
 for a cheat, or for obtaining money under false 
 pretences. In cases where, on a sale of goods in 
 this manner, the trader sells goods inferior to 
 those which he represents them to be, he thereby 
 damages the person whose goods he represents 
 them to be, in two ways ; first, he has sold what 
 the rival trader, or those buying from him, would 
 otherwise have sold ; secondly, he has passed off 
 an inferior article as being his rival's production, 
 whereby his rival's reputation will be prejudiced, 
 and in either case the rival trader may suffer in 
 pocket. But it is not necessary in an action for 
 damages, founded on such misrepresentations, 
 that the rival should prove the inferiority in 
 the goods sold, or any specific damage, to entitle 
 himself to some damages (a). 
 
 Instances might be given of injunctions issued 
 on the ground of the specific misrepresentation 
 that an article sold by one is the article of the 
 
 (a) Blofitld v. Paine, 4 B. & Ad. 410.
 
 TRADE MARKS. 
 
 other where no question of trade mark would 
 arise. Thus in Seeley v. Fisher (a), although an 
 injunction was refused upon the facts, it was 
 held that where there are two rival works, the 
 Court will restrain the proprietor of one from 
 advertising it in terms calculated to induce the 
 public to believe that it is the other work, but 
 will not restrain him from publishing an adver- 
 tisement tending to disparage that other work ; 
 a mere libel or disparagement of property not 
 giving a right to an injunction (&). 
 
 Every man therefore has a right to prevent General 
 
 . 111-1 i proposition. 
 
 goods other than his being sold as his by another 
 person. 
 
 In this proposition, and generally in trade 
 mark cases, the word " his " and expressions 
 tantamount thereto are used for the sake of 
 convenience, not with the meaning of present 
 ownership, but to denote some connection of the 
 person whose the goods are said to be, with the 
 goods. . 
 
 If Jones is or has been engaged in manufac- 
 turing, selling, inspecting, or doing anything in 
 connection with goods, Smith must not sell goods 
 with which Jones has had nothing to do, and in 
 selling them affirm them to be goods with which 
 Jones has had something to do, either by using 
 the expression " Jones's goods " or .by any other 
 means of representation. 
 
 (a 11 Sim. 581 ; 10 L. J. Ch. 275. 
 (b) Prudential Assurance Co. v. Knott, L. K. 10 Ch. 142. 
 
 B 2
 
 4 TRADE MARKS. 
 
 Thus for instance, if Jones manufactures iron, 
 Smith in selling iron which Jones has not manu- 
 factured may, with reference to the quality of the 
 iron sold, say that it is as good as, or better than 
 Jones's, but he must not say "this is Jones's 
 quality," even if the qualities are scientifically 
 identical, lest the public draw the not unreasonable 
 deduction that iron which is of Jones's quality is 
 Jones's iron, so long as there is any danger of the 
 public drawing such a deduction. It may be, 
 if Jones had manufactured iron of a par- 
 ticular kind in a particular way, and Jones is 
 well-known to have died long since, that in using 
 the expression Jones's quality, Smith does not 
 mean, and no one would take him to mean, that 
 Jones or his successors in business had had 
 anything to do with the particular iron sold, in 
 which case he might use the expression " Jones's 
 quality" lawfully (a), but in this and similar 
 instances Smith would not be making such 
 misrepresentation as we have seen to be un- 
 lawful. 
 
 Represents- T ne representations which may, and the 
 
 tions may be 
 
 made by misrepresentations which may not be made, as to 
 
 express or . 
 
 circumstan- the relation of specific goods to specific traders or 
 
 tial affirm- . . 
 
 ation. manufacturers, are, it is evident, capable of being 
 made, either by express verbal or written affirm- 
 ation, or impliedly by what may be called circum- 
 stantial affirmation. 
 
 (a) James v. James, L. K. 13 Eq. 421.
 
 TRADE MARKS. O 
 
 If a notice is put in the window of a public instances of 
 
 i < circumstan- 
 
 house that only Bass s ale is sold there, or it a tiai affirm- 
 customer asks for Bass's ale, or seeing a bottle of 
 ale with Bass's label upon it, says he will buy 
 that bottle ; in all these cases it is as much 
 affirmed to him that the liquor he obtains is 
 Bass's ale, as if the landlord told him so in so 
 many words, or gave him a written statement of 
 the fact. 
 
 The representation which every man may make HOW repre- 
 
 * J J sentations 
 
 to the public, as to his connection with his goods, may be 
 may be made in any form which does not interfere made. 
 with the rights of others, either in making the 
 like representations as to their own goods or 
 otherwise. 
 
 Hence, any man may select a mark to be applied By marks, 
 to his goods as a means of making representations if propeHy '' 
 to the public, and will be protected in the use of 
 this mark so long as he does not select as his Conditions 
 mark one which is calculated to interfere with choice^ 
 the rights of others. 
 
 It will be agreed on a little consideration, Mark 
 
 selected 
 
 that to use any mark which is already in use in must not be 
 
 i i 1-11 already in 
 
 the same trade either generally or by particular use. 
 persons, is the chief instance in which the pro- 
 tected use of the selected mark would be cal- 
 culated to interfere with the rights of others. In 
 other words, the mark selected must be capable of 
 being used exclusively by the person adopting it. 
 Altering the phrase once more, and taking the
 
 TKADE MARKS. 
 
 Exclusive preliminary proposition for granted, the right 
 public to use a mark, for the purpose of making re- 
 presentations as to the relation of the person 
 adopting the mark to the goods to which it is 
 applied, must be acquired by exclusive public 
 user (a), though the period of exclusive user need 
 not be for any great length of time (6). 
 
 Ji/rction* 1 ^ s * ^ e bJ ec tion that by allowing one 
 person to select, and be protected in his selec- 
 tion, of a particular trade mark on his goods, 
 the rights of others must be pro tanto inter- 
 fered with it is a theoretical objection which 
 attaches to all private rights (c) ; but it may be 
 remarked (1) that the use of the mark, as a 
 mark, cannot be intrinsically valuable, and that 
 if A. uses the symbol of a bear on guns made by 
 him, when this symbol is not otherwise in use 
 in the trade, and B. another gun-maker subse- 
 quently objects to A.'s so doing, and in protest 
 begins to mark his own guns with a bear mark, 
 it would appear more than probable that his 
 object was not so much the assertion of an 
 abstract right as the perpetration of a concrete 
 wrong the stealing of the benefit of A.'s repu- 
 tation as a gun-maker ; (2) that the danger of 
 interfering with the right of others has been so 
 
 (a) Lawson v. Bank of London, 18 C. B. 84 ; Maxwell 
 v. Hogg, L. R 2 Ch. 307. As to the effect of the Act of 
 1875 upon this doctrine see sec. 2. 
 
 (b) M' Andrew v.assett,33L. J. Ch. 561, 4 N. R.12,123. 
 
 (c) See Mill's Essay on Liberty.
 
 TRADE MARKS. 7 
 
 far recognized that the right to a trade mark 
 cannot be claimed, where the intention of user 
 only, and not the fact of user, has existed (a), 
 the law insisting upon actual exclusive user in 
 public. 
 
 The Act of 1875 may at first sight appear to Alteration 
 have introduced an alteration in the law requir- by Act of 
 ing exclusive public user, by making registration * 7S ' 
 equivalent to public user (&); and although it 
 may be suggested that registration may be con- 
 sidered as being public user, it must be confessed 
 that the theoretical symmetry of trade mark law 
 is in the Act somewhat sacrificed to the claims 
 of practical convenience. 
 
 The remaining cases in which the selected mark Remaining 
 would not be protected, because calculated to of proper 
 interfere with the rights of others, are those in EX turpi 
 which the maxim ex turpi causd non oritur actio orUur "ctio. 
 applies ; as would be the case where the mark was trade." e 
 used in a fraudulent trade (c), ,or where the mark 
 itself contained a misrepresentation calculated to Falsehood in 
 deceive the public, the fact of the claimant of [?, mark 
 the mark having been guilty of collateral fraud 
 not being a ground for enabling another person 
 to commit a further fraud with impunity (d). 
 
 (a) Maxwell v. Hogg, L. E. 2 Ch. 307. 
 
 (b) See Act of 1875, sec. 2. 
 
 (c) See remarks in Lee v. Haley, L. R. 5 Ch. 155. 
 
 (d) Ford v. Foster, L. E, 7 Ch. 611, where the older 
 cases are cited and explained.
 
 8 TRADE MARKS. 
 
 Use of word An instance of misrepresentation in the mark 
 
 Patent in 
 
 trade mark, itself which has frequently come before the Court, 
 is the use of the word Patent, in the trade mark, 
 in a sense which was untrue (a). 
 
 Deception The deception which arises in these cases was 
 
 thereby. thus expressed by Wood, V.-C., in refusing an 
 
 injunction in Morgan v. McAdam (b). 
 
 "All those who are induced to buy these 
 crucibles thus described as ' Patent Plum- 
 bago Crucibles/ are to a certain extent 
 deceived, because they are led to believe 
 that the article is protected by a patent, 
 and they may be induced to purchase it 
 from the plaintiffs, under the belief that 
 there is a patent, and that the plaintiffs, or 
 at least some limited number of persons, are 
 the only persons authorized to sell it, and 
 further they are led to believe that, if they 
 should be minded to set up any manu- 
 factory of the same kind for themselves, 
 they would be unable to do so, in conse- 
 quence of the plaintiffs being the possessors, 
 either by way of license or . ownership, of 
 a patent preventing the world at large 
 from imitating the article which is sold by 
 them under this particular designation." 
 
 (a) Flavel v. Harrison, 10 Hare 467, 22 L. J. Ch. (N.S.), 
 886 ; Morgan v. McAdam, 36 L. J. Ch. 228. See also 
 Leather Cloth Co. v. American Leather Cloth Co., 11 H. L. 
 Ca. 523, 35 L. J. Ch. 53, and Ford v. Foster, ubi tuprd. 
 
 (b) 36 L. J. Ch. 228.
 
 TRADE MARKS. 
 
 How far the owner of goods, which, during the Case of 
 existence of a patent, have become known by a having 
 trade name or mark containing the word patent, " 
 can continue to use the old name or mark, does 
 not appear to be quite decided (a). 
 
 Of course it would be better, and those who 
 are inclined to act with proper honesty would 
 take care, to put the date of their patent upon the 
 articles which they designate as patented; but 
 when this has not been done, it is submitted that 
 a plaintiff who could adduce strong proof that the 
 word patent had become a mere descriptive name 
 or mark of quality, and no longer made to the 
 public the deceptive representations above-men- 
 tioned, would not be deprived of his remedy 
 against an infringer because of the word patent 
 in the plaintiff's trade mark (&). 
 
 Prior to the passing of the Act of 1875, in Essential 
 
 particulars 
 
 cases not connected with the Act of 1862. but of trade 
 
 mark not 
 
 founded on circumstantial misrepresentation, the important 
 
 . before the 
 
 question whether the misrepresentation was made passing of 
 
 the Act oi 
 
 by means of a trade mark or by some other form 1875. 
 of circumstantial affirmation, which involves the 
 question of what the essential particulars of a 
 trade mark are, was not of so great importance as 
 
 (a) See Edelsten v. Vick, 11 Hare 78 ; Lord Kingsdown's 
 remarks on that case in the Leather Cloth Co.'s case ubi 
 supra, and Morgan v. McAdam, ubi suprd. 
 
 (b) Marshall v. Ross, L. R. 8 Eq. 651. See the somewhat 
 analogous reasons quoted at page 16 as to the test of a 
 trade name or mark having become publici juris. 
 
 B 3
 
 10 TRADE MARKS. 
 
 it is likely to become in future. (See Act of 
 1875, Section 1.) 
 
 instances of Hitherto the use of that which served the pur- 
 
 injunctions. 
 
 pose of making unlawful representations, whether 
 it was a surname of a living (a) or of a deceased 
 trader (b), a fancy name as Eureka (c), initials (d), 
 a, particular kind of tallies applied to bundles of 
 iron wire (e), an adjective, as Excelsior (/), the 
 name of a country as Anatolia (g), of a place as 
 Glenfield (h), or Leopoldshall (i), the name of a 
 former employer so written over a shop as to 
 make it look like his (k), the name of a former 
 partnership firm employed in the same way (I), 
 skilful and correct references to a rival trader, and 
 certificates in his favour in order to introduce his 
 name in connection with the goods (m), a com- 
 bination of common colours, inscriptions, route, 
 and livery of driver and conductor in an omni- 
 bus case (n), a name in a particular locality, as 
 
 (a) Ainsworth v. Walmaley, L. R. 1 Eq. 518. 
 
 (6) Dent v. Turpin, 2 J. & H. 139, 30 L. J. Ch. 495. 
 
 (c) Ford v. Foster, L. R. 7 Ch. 611. 
 
 (d) Hall v. Barrows, 4 De G. J. & S. 150. 
 
 (e) Eddsten v. Edelsten, 1 De G. J. & S. 185. 
 (/ ) Braham v. Bustard, 1 H. & M. 447. 
 
 (g) M' Andrew v. Bassett, 33 L. J. Ch. 561. 
 (h) Wotherspoon v. Currie, L. R. 5 H. L. 508, 42 L. J., 
 Ch. 130. 
 
 (i) Radde v. Norman, L. R. 14 Eq. 348. 
 (k) Glenny v. Smith, 2 Dr. & Sin. 476. 
 (Z) Hookham v. Pottage, L. R. 8 Ch. 91. 
 (m) Franks v. Weaver, 10 Beav. 297. 
 (n) Knott v. Morgan, 2 Keen 213.
 
 TRADE MARKS. 11 
 
 "The Pall Mall Guinea Coal Company" in 
 Pall Mall (a), a fancy name in lawful use by 
 traders inter se (b), or surnames, being the name 
 of the defendant and a person whose permission 
 he had obtained, and not the name of the plaintiff, 
 but used so as to be a fraud upon the plaintiff (c), 
 has been equally and within proper limits (d) 
 restrained, on a fit case for protection being made 
 out, without any nice distinctions being raised 
 as to the essential particulars of a trade mark, 
 because the same principle was applied in all 
 cases, whether trade mark cases or not. 
 
 Although, however, trade mark law is greatly Trade mark 
 
 b \ J law does not 
 
 concerned with the consideration of what represen- depend on 
 
 law as to re- 
 
 tations in respect of goods are lawful and what presentations 
 unlawful, it does not depend solely thereon; for the 
 Court of Chancery in an early case (e) decided, that, ignorance of 
 if the defendant had used the plaintiffs trade mark excuse, 
 ignorantly, under such circumstances that if he 
 had used it knowingly he would have been liable 
 at common law in an action for deceit and mis- 
 representation, the Court would, notwithstanding 
 his innocence, restrain the infringer; thus re- 
 cognizing the right to the exclusive use of a trade 
 mark as a species of property. Whether and if 
 so in what sense the word property could be 
 properly applied to the right thus recognized, has 
 
 (a) Lee v. Haley, L. R. 5 Ch. 155. 
 
 (6) Ford v. Foster, L. R 7 Ch. 611. 
 
 (c) Croft v. Day, 7 Beav. 84. 
 
 (<f) See post, page 23. 
 
 (e) Millington v. Fox, 3 My. & Cr. 358.
 
 12 TRADE MARKS. 
 
 in what been a question upon which different judges have 
 right to use expressed themselves differently. In a recent 
 "property."* case (a) Wood, V.-C., put the matter as follows : 
 " This Court has taken upon itself to protect a 
 man in the use of a certain trade mark as 
 applied to a particular description of article. 
 He has no property in that mark per se, 
 any more than in any other fanciful de- 
 nomination he may assume for his own 
 private use otherwise than with reference 
 to his trade. If he does not carry on a 
 trade in iron, but carries on a trade in 
 linen, and stamps a lion on his linen, another 
 person may stamp a lion on iron ; but when 
 he has appropriated a mark to a particular 
 species of goods, and caused his goods to 
 circulate with this mark upon them, the 
 Court has said that no one shall be at 
 liberty to defraud that man by using that 
 mark, and passing off goods of his manu- 
 facture as being the goods of the owner of 
 that mark. And inasmuch as the Court 
 protects the owner of the mark, he is en- 
 titled to authorize another, when he hands 
 over his business to him, to place that 
 mark on his goods. That is a right which, 
 being protected by this Court, may be dis- 
 posed of for value, may be bought and sold, 
 and is therefore, in that sense of the word, 
 ' property.* " 
 
 (a) AinswortK v. Walmttey, L. K. 1 Eq. 518.
 
 TRADE MARKS. 13 
 
 The following remarks of Wood, V.-C., on the Explanation 
 case of Millington v. Fox (a), explain the bearing ton . Few. 
 of that case very clearly : 
 
 " I never could understand why the case of 
 Millington v. Fox introduced any diffi- 
 culty. The principle of Millington v. Fox 
 is this, that although a person has used 
 another man's trade mark perfectly inno- 
 cently, if he continues for one moment after 
 he has been told of it to use another man's 
 trade mark, he does so fraudulently, and, if 
 he seeks to keep in his pocket profits 
 which he has made by representing, how- 
 ever innocently, that his goods are another 
 person's, after he has been told of the fact, 
 it is fraud" (6). 
 
 Property in a trade mark being acquired can HOW the 
 be dealt with only to a limited extent in connec- trade mark 
 tion with the goodwill, or some part of the good- wfth. e ea * 
 will of the business in which it is acquired. 
 
 Indeed, it would appear to form part of the Connection 
 
 1 with good- 
 
 gOOdwill of the business (c), if the second sec- win of 
 
 tion of the Act of 1875 did not appear to suggest 
 a distinction between the two. 
 
 (a) 3 My. & Cr. 338. 
 
 ' (6) M'Andrew v. Bassett, 33 L. J. Ch. 561, 10 L. T. 
 (N. S.) 445. 
 
 (c) Bury v. Bedford, 4 De G. J. & S. 352, 10 Jur. 
 N. S. 503 ; Hall v. Barrows, 4 De G. J. & S. 150, 33 
 L. J. Ch. 204, 10 Jur. N. S. 55 ; Churton v. Douglas, 1 
 Johns. 174, 28 L. J. Ch. 841.
 
 14 TRADE MARKS. 
 
 An asset of A trade mark forms part of the assets of a 
 
 s lp ' partnership, and if upon forming a partnership 
 
 nothing is said as to the right which one partner 
 
 has to use a particular mark, he will be held to 
 
 have contributed it to the common stock (a). 
 
 Conditions Although the right to a trade mark may be 
 
 of valid c ^ J 
 
 assignment assigned or transmitted in connection with the 
 goodwill of the business to which it applies, it 
 must be remembered that the use of the mark 
 cannot be protected in the new owner, if the 
 change of ownership has caused the mark to 
 become calculated to deceive the public. Thus, 
 if an engraver, whose profits and reputation de- 
 pended upon the personal skill he applied to his 
 work, were to assign the goodwill of his business 
 to another engraver, that engraver could no more 
 be protected in the use, upon engravings of his 
 own, of a mark which had by the retiring en- 
 graver been exclusively used upon engravings 
 executed by him, than in the use of a written 
 statement that the engravings of the one are the 
 engravings of the other artist. 
 
 change in Upon this point however, it must be remem- 
 
 trade names bered that names, and initials, and symbols, used 
 
 from S k^eof in the first instance to denote the relation of 
 
 goods to specific persons, may in the course of 
 
 time become mere trade marks denoting quality, 
 
 and assignable under the same conditions as other 
 
 trade marks. 
 
 (a) Bury v. Bedford, ubi ewprd.
 
 TRADE MAKES. 15 
 
 In such cases the use of the names or 
 initials does not, and is not calculated to, deceive 
 the public, who, if they take the name for 
 anything more than a sign of the quality of the 
 goods, consider that the makers or vendors are 
 thereby represented as the successors in business 
 of the original maker or vendor. 
 
 When the right to a trade mark is assigned inter Several 
 vivos or transmitted on death, it may come to 
 belong to several persons having separate rights, 
 each of whom must recognize the other's right, 
 but can enforce his own exclusive right against 
 the rest of the world, without making the other 
 several owners parties to his suit. 
 
 Thus, in Dent v. Turpin (a), the original 
 watchmaker of that name, having carried on 
 business in more places than one, bequeathed his 
 several businesses to distinct persons, each of 
 whom brought a separate suit against a wilful 
 infringer of their common trade mark, "Dent, 
 London," and on a demurrer for want of parties 
 it was held that there was not such a common 
 interest in the wrong done that the plaintiffs 
 must necessarily join in one suit. 
 
 It appears that the right to a trade mark may Right lost by 
 be lost by abandonment or acquiescence (b), mentorac- 
 but where an injunction has been obtained against As'tocases 
 particular persons, it will be enforced at any sub- function 
 
 obtained. 
 
 (a) 2 J. & H. 139 ; 30 L. J. Ch. 495. 
 (6) Cocks v. Chandler, L. K. 11 Eq. 446.
 
 16 TKADE MARKS. 
 
 sequent time unless such acquiescence on the 
 plaintiffs part is made out as amounts to a license 
 to use the mark (a). 
 
 Test of The test by which a decision is to be arrived 
 
 abandon- 
 ment to at whether a word which was originally a trade 
 
 public use ; , .. 
 
 liability to mark has been abandoned to public use, and 
 Pubiici juris, become, as it is commonly called, publici juris, is 
 whether the use of it by other persons is still 
 calculated to deceive the public; whether it may 
 still have the effect of inducing the public to buy 
 goods not made by the original owner of the 
 trade mark, as if they were his goods. If the 
 mark has come to be so public and in such uni- 
 versal use that nobody can be deceived by the 
 use of it, and can be induced from the use of it 
 to believe that he is buying the goods of the 
 original trader, then, however hard it to some 
 extent may appear on the trader, yet practically, 
 as the right to a trade mark is simply a right to 
 prevent the trader from being cheated by other 
 person's goods being sold as his goods, through 
 the fraudulent use of the trade mark, the right to 
 the trade mark must be gone (&). With reference, 
 Effect of Act however, to this test and questions of abandon- 
 the' point" ment generally, it will be found that the Act of 
 1875, sec. 3, introduces important alterations 
 in the case of registered trade marks, but the 
 
 (a) Rodgers v. Nowttl, 3 De G. M. & G. 614. 
 (6) Ford v. Foster, L. E. 7 Ch. 611, at p. 628.
 
 "TRADE MAKES. 17 
 
 question of abandonment is still likely to arise 
 where registration is opposed, or the rectification 
 of the Register is sought. 
 
 Although the right to a trade mark may be lost Use of the 
 
 ... word 
 
 by abandonment or acquiescence, yet the original original, 
 inventor of a new manufacture and those claiming 
 under him are alone apart from all question of 
 trade mark entitled to designate such manu- 
 facture as " the original," and, if he or they have 
 been in the habit of so designating their manu- 
 facture, an injunction will be granted to restrain 
 another manufacturer from applying the desig- 
 nation to his goods (a). 
 
 A trade mark is said to be infringed, when it or infringo- 
 an imitation of it is so applied to goods other 
 than those of the owner of the mark as to deceive 
 the immediate purchasers of the goods, or those to 
 whom the goods are ultimately sold, into the belief 
 that they are buying the goods of the owner of 
 the trade mark. Thus it is an infringement, not 
 only when a mark is fraudulently applied and 
 sold to those who are ignorant of the deception, 
 but also when a manufacturer applies a mark 
 which he thinks is a mere brand of quality, and 
 which neither he nor his immediate customers 
 know to be a trade mark belonging to anybody 
 at all (&) ; or when an innocent manufacturer 
 
 (a) Cocks v. Chandler, L. E. 11 Eq. 446. See also 
 James v. James, L. E. 13 Eq. 421. 
 (6) Millington v. Fox, 3 M. & Cr. 338.
 
 18 TRADE MARKS. 
 
 applies a mark at the request of an innocent or 
 fraudulent retail dealer (a), or when both manu- 
 facturer and retail dealer concur in the fraud (b) ; 
 in any case, if the goods are or are likely to be 
 actually passed off to the public as the goods of the 
 true owner of the mark, the infringement has 
 taken place. 
 
 Proof of in- Where an exact copy of the plaintiff's mark 
 
 has been applied by the defendant to goods of 
 
 Where exact a class to which the plaintiff establishes his 
 
 used. fmark exclusive right to apply his trade mark, the 
 
 infringement will generally be made out by 
 
 proof of these facts. 
 
 where In cases where a similar, and not the identical 
 
 imitation? mark is adopted, that is to say, where there has 
 been what is called a colourable imitation of the 
 plaintiff's mark, the infringement will be proved 
 by shewing actual cases of deception of persons 
 of ordinary caution, acquainted with the plain- 
 Similarity. Biff's mark, or such similarity in the similar 
 mark as is under the circumstances calculated to 
 deceive a person of ordinary caution, acquainted 
 with the plaintiff's mark (c). Proof of an actual 
 fraudulent intent to deceive on the part of the 
 person using the similar mark, will have great 
 
 (a) In these cases the manufacturer, if exposed to legal 
 proceedings, has a remedy over against the retail dealer. 
 Dixon v. Fawcus, 3 E. & E. 537, 30 L. J. Q. B. 137, 
 8 Jnr. N. S. 896. 
 
 (b) Sykes v. Sykes, 3 B. & C. 541. 
 
 (c) Leather Cloth Co. v. American Leather Cloth Co., 
 11 H. L. Ca. 523, 35 L. J. Ch. 53.
 
 TRADE MAKES. 19 
 
 weight on this point (a), but, where such intent 
 is not proved, proof of actual deception will be 
 expected from the plaintiff, who will not find the 
 Court ready to discover sufficient similarity in 
 the marks to entitle him to an injunction (&). 
 
 When the question of similarity arises, the 
 Court will judge by actual comparison in court, 
 and witnesses have also been allowed to state 
 their opinion as to the chance of the mark deceiv- 
 ing the public (c). 
 
 In considering questions of similarity, it should Similarity, 
 be remembered that two marks may be very 
 similar without being calculated to lead the 
 public to mistake one for the other. Thus, 
 where Crosse and Blackwell, and Crabb and Co., 
 each used very similar labels on their Piccalilli 
 pickle bottles, the former were refused an injunc- 
 tion against the latter, because as each party had 
 their own name printed in large letters on their own 
 labels the two labels differed in the very point at 
 which customers would be sure to look (d). 
 
 It must, however, be remembered thst the ob- ^ n c g " r of 
 ject of the infringer of a trade mark may be and ^^ 
 generally is twofold. This was explained by 
 Lord Langdale (e) in the following words : 
 
 " It is perfectly manifest that two things are 
 
 (a) See the cases cited in Cope v. Evans, L. K. 18 Eq. 138, 
 30 L. T. 292. 
 
 (6) Cope v. Evans, ubi supra. 
 
 (c) e.g. Glenny v. Smith, 2 Dr. & Sm. 476. 
 
 (d) Blackwett v. Crabb, 36 L. J. Ch. 504. 
 
 (e) Croft v. Day, 7 Beav. 84, at p. 88.
 
 20 TRADE MARKS. 
 
 required for the accomplishment of a fraud 
 such as is here contemplated. First, there 
 must be such a general resemblance of the 
 forms, words, symbols, and accompani- 
 ments, as to mislead the public. And 
 secondly, a sufficient distinctive individu- 
 ality must be preserved, so as to procure 
 for the person himself the benefit of that 
 deception which the general resemblance is 
 calculated to produce. To have a copy of 
 the thing would not do, for, though it might 
 mislead the public in one respect, it would 
 lead them back to the place where they 
 were to get the genuine article, an imitation 
 of which is improperly sought to be sold. 
 For the accomplishment of such a fraud it 
 is necessary, in the first instance, to mislead 
 the public, and in the next place, to secure 
 a benefit to the party practising the decep- 
 tion by preserving his own individuality." 
 The fact, therefore, that the alleged infringer's 
 name and address appear upon the goods with 
 reference to which complaint is made, will not 
 have weight in the defendant's favour in con- 
 sidering the question whether infringement has 
 been made out; but it may, it is suggested, have 
 considerable weight on the question of damages, 
 when the plaintiff alleges that his trade reputa- 
 tion has suffered from the inferiority of the 
 spurious goods brought into the market by the 
 defendant. 
 
 It is not necessary that the similarity should
 
 TRADE MA.RKS. 21 
 
 be so great as to deceive when the two marks are 
 placed side by side for comparison (a). 
 
 There is one class of cases where the same Cases where 
 relief will be given as if the mark had been although no 
 copied, although there may be no similarity be- s " 
 tween the true mark and that adopted by the 
 infringers, namely, where from the use of a par- 
 ticular mark, an article of trade has become 
 known under a particular name. Here the right 
 of the person using the mark extends both to the 
 use of the mark and the use of the distinctive 
 appellation resulting therefrom (&), and, there- 
 fore, if another person adopt a mark not similar 
 to the mark of the person entitled to have the 
 distinctive appellation applied to his goods, but Similarity of 
 still such as will cause the goods to which the resulting 
 dissimilar mark is applied to bear the same dis- similar mark, 
 tinctive appellation in the market, the use of 
 such dissimilar mark will be restrained (c). 
 
 Where the alleged infringer bears the same where 
 
 alleged 
 
 name as appears in the trade mark, or name infnnger 
 alleged to have been infringed, it is often difficult name ap- 
 to decide whether there has been any infringe- trademark, 
 ment. 
 
 (a) Seixo v. Provezende, L. R. 1 Ch. 192. 
 
 (6) See remarks of L. C. in Edelsten v. Edelsten, 1 
 De G. J. & S. 185, at p. 201. 
 
 (c) Seixo v. Provezende, L. R. 1 Ch. 192. See remarks 
 on this case in Cope v. Evant, L. R. 18 Eq. 138.
 
 22 TRADE MARKS. 
 
 For, as Lord Justice Knight Brace said in a 
 celebrated judgment (a), where the right to sell 
 an Essence of Anchovies under the name of 
 Burgess was in dispute : 
 
 " All the Queen's subjects have a right, if they 
 will, to manufacture and sell pickles and 
 sauces, and not the less that their fathers 
 have done so before them. All the Queen's 
 subjects have a right to sell these articles 
 in their own names, and not the less that 
 they bear the same name as their fathers." 
 And Lord Justice Turner in the same case 
 said : 
 
 "Where a person is selling goods under a 
 particular name, and another person not 
 having that name is using it, it may be 
 presumed that he so uses it to represent 
 the goods sold by himself as the goods of 
 the person whose name he uses ; but where 
 the defendant sells goods under his own 
 name and it happens that the plaintiff has 
 the same name, it does not follow that the 
 defendant is selling his goods as the goods 
 of the plaintiff. It is a question of evidence 
 in each case whether there is a false repre- 
 sentation or not " (&). 
 
 But where a case of fraud is made out, the 
 Court will not hesitate to grant an injunction, 
 
 (a) Burgess v. Burgets, 3 De G. M. & G. 896. 
 (6) This point was also considered in Badgers v. Nowill, 
 6 Hare, 325.
 
 TRADE MARKS. 23 
 
 even where the defendants are in ordinary cases 
 entitled to use the name by which the deception 
 has been carried out, and the plaintiffs are not. 
 Thus, in Croft v. Day (a), the plaintiff Croft 
 claimed the exclusive right to use the style of 
 Day and Martin in a particular business and 
 way, and the defendant, whose name was Day, 
 had obtained from one Martin the right to use 
 his name, yet the Court did not hesitate to 
 interfere sufficiently to protect Croft. 
 
 In all cases, and even where fraud is estab- Caution 
 lished, the Court will be very careful not to act the Court in 
 
 . .11 granting 
 
 in any way which will operate to restrict a injunctions, 
 person in the proper use which he may make of 
 his own name. Thus in Churton v. Douglas (b), 
 the defendant, John Douglas, had assigned to 
 the plaintiffs, two of his partners, his share in a 
 business which the defendant, the plaintiffs, and 
 another person, had carried on under the style of 
 " John Douglas and Co." ; the defendant after- 
 wards got some other persons to join him in a 
 partnership in the same class of business and 
 locality, which it was proposed to carry on under 
 the style of "John Douglas and Co.," under 
 circumstances .which shewed his intention of 
 depriving the plaintiffs of the benefit of the 
 assignment of his interest in the old firm, which 
 he had made to them. It was held that all that 
 
 (a) 7 Beav. 84. 
 
 (b) 1 Johns. 174, 28 L. J. Cb. 841.
 
 24 TRADE MARKS. 
 
 was wanted was a fair representation on the 
 defendant's part that he was carrying on a 
 totally different business, and although provision 
 was made, in the injunction which was granted, 
 that the defendant should not trade under the 
 style of John Douglas and Co., the injunction 
 was carefully framed not to prevent him using 
 his name of John Douglas if he could contrive 
 to do so without holding out to the public that 
 he was carrying on the old business. 
 
 The same caution is applied in all cases. Thus, 
 where it vras decided that the plaintiff was 
 entitled to the exclusive use of a trade name, 
 only so far as the public was concerned, the 
 injunction was carefully framed to prevent 
 its operating to hamper the use of the name in 
 trade circulars, and generally amongst traders 
 inter se (a). 
 
 Remedies The remedies to which an owner of a trade 
 
 mark is entitled, on infringement of his mark 
 
 by criminal being made out, are various. He may, in cases 
 
 proceedings. O f f rau( j j resort to criminal proceedings, either 
 
 founded upon the Act of 1862, or upon the law 
 
 as to cheating and obtaining money under false 
 
 pretences. 
 
 Civi ' . He may also resort to the civil remedies given 
 
 remedies 
 
 under the him by the Act of 1862. 
 
 Act of 1 86a. 
 
 (a) Ford v. Foster, L. R 7 Ch. 611. See the instances 
 of injunctions given at p. 10, ante.
 
 TRADE MARKS. 25 
 
 The reader is referred on these points to the 
 Act itself and the notes thereon. 
 
 The 34th section of the Judicature Act of Civil . 
 1873 enacts, that there shall be assigned to the apart from 
 Chancery Division of the High Court all causes 
 and matters for the purposes there mentioned, 
 which include the taking of partnership or other 
 accounts. In cases where this enactment applies, 
 the plaintiff in trade mark cases should assign 
 his action to the Chancery Division ; but in other To wh;ch 
 cases, it would appear that he may select which fhe 1S High f 
 division he pleases, and that in every case so far j^"^ 11 " 1 
 as jurisdiction is concerned, he may obtain the ^"'ne^ 6 
 relief formerly appropriate either to common law 
 or equity Courts, or, when not inconsistent, to both. 
 
 .If this is borne in mind, it will probably be the 
 safer plan to consider what remedies a plaintiff 
 could, previously to Nov. 1, 1875, have obtained, 
 rather than to attempt to forecast the manner in 
 which these remedies will be amalgamated in 
 future cases. 
 
 Previously to Nov. 1, 1875, the common law Civil 
 
 remedies 
 
 remedy, appropriate in trade mark cases apart prior to Nov. 
 from the Act of 1862, was damages in respect of Atc ^ I ^ m 
 past infringements, an injunction being also law - 
 obtainable under the Common Law Procedure 
 Acts. Substantial damages were usually obtained Damages, 
 where the plaintiff was shewn to have been 
 prevented from selling, by the defendant's having Substantial, 
 sold instead of him, and also where the plaintiff's 
 
 c
 
 26 TRADE MAKKS. 
 
 reputation was shewn to have suffered, by reason 
 of the defendant's passing off, as the plaintiff's, 
 goods inferior to the plaintiffs (a). 
 
 Nominal. If however, the plaintiff did not allege and 
 prove any specific damage, it was considered that 
 the action was brought to try the right, and if 
 the right was established the plaintiff recovered 
 nominal damages (b), 
 
 Proof of An action would not lie at common law against 
 
 necessary at what has been called an innocent inf ringer, as it 
 
 common law. - i / \ 
 
 was necessary to prove fraud (c). 
 
 Remedies in The chief remedy formerly appropriate to the 
 
 injunction equity courts took the form of an injunction to 
 
 restrain the defendant from continuing to do 
 
 that which if done after notice would have ren- 
 
 dered him liable to an action at law. 
 
 suitable The equitable relief by injunction was said to 
 
 relief in aid * J 
 
 ot the legal be in aid of the legal right, and therefore in 
 many cases, prior to the passing of Sir John 
 Eolt's Act, 25 & 26 Vic, c. 42, the Court before 
 assisting the plaintiff put him to the establish^ 
 ment of his right at law, by means of an action 
 against the defendant (d), 
 
 (a) As to the assessment of damages see post, page 27. 
 (6) Blofield v. Payne, 4 B. & Ad. 410 ; Rodyers v. 
 Nowill, 5 C. B. 109. 
 
 (c) Crawshay v. Thompson, 4 Man. & G-. 357 ; 5 Scott, 
 N. E. 562 ; 11 L. J. C. P. (N. S.) 301 ; Dixon v. Fawcus, 
 3 E. & E. 537 ; 30 L. J. Q. B. 137 ; 8 Jur. (N. S.) 896. 
 
 (d) For further information on this point see Ford v. 
 Foster, L. R. 7 Ch. 611 ; and compare the remarks on 
 MUlington v. Fox, quoted at page 13 ante.
 
 TRADE MARKS. 27 
 
 As to the form of injunction in trade mark cases ; Form of 
 see Seton on Decrees, and the remarks on page 23, ' njun ' 
 ante. 
 
 Under Lord Cairns's Act 21 & 22 Vic. c. 27, gJg n 
 in all cases where the Court of Chancery had 5 s to 
 
 damages. 
 
 jurisdiction to entertain an application for an 
 injunction against the commission or continuance 
 of any wrongful act, it was lawful for the Court, 
 if it thought fit, to award damages to the party 
 injured, either in addition to, or in substitution 
 for, such injunction. 
 
 For the procedure under this section, and the Form <j r 
 
 procedure. 
 
 consolidated orders relating thereto, see Morgan's 
 Chancery Acts and Orders, and Daniel's Chancery 
 Practice. 
 
 The principles upon which both at law and Principles of 
 
 assessment, 
 
 in equity, damages were assessed in respect of of damages 
 infringements of trade marks appear to have been q uit y the 
 the same except that, as the question of right 
 was always tried in Chancery apart from the Exception, 
 assessment, no case for merely nominal damages 
 could be made out in Chancery. 
 
 Where substantial damages were pressed for, 
 the onus of proving special damage lay upon the 
 plaintiff (a). 
 
 It was contended in the case of The Leather- 
 Cloth Co. v. Hirschfield (ft) in respect of one 
 head of damage that the measure of damage 
 would be the profit which the plaintiffs would 
 
 (a) Leather-Cloth Co. v. Hirsdifidd, L. R. 1 Eq. 299. 
 (6) L. R. 1 Eq. 299. 
 
 C 2
 
 28 TEADE MARKS. 
 
 hare made, if they had sold the same quantity 
 of their goods as the defendant had of his goods 
 marked with the imitation of their mark. This 
 contention was however over-ruled, for it did not 
 of course follow that the buyers of the low 
 priced goods, which the plaintiffs alleged to be 
 inferior to theirs, would have bought the plain- 
 tiffs' higher priced goods ; or that, if they had 
 wanted goods marked with the plaintiffs' mark, 
 they would have purchased directly from the 
 plaintiffs instead of going to some of the licensees 
 or customers of the plaintiffs. 
 
 Distinction In illustration of this point the distinction 
 patent and between trade marks and patent cases on the 
 
 trademark . , , j 
 
 cases as to question of damages, as stated in a recent 
 ease (a), may be quoted. It was put thus 
 " In the former case the article sold is open to 
 the whole world to manufacture, and the 
 only right the plaintiff seeks is that of 
 being able to say, 'Don't sell any goods 
 under my mark.' He may find his cus- 
 tomers fall off in consequence of the 
 defendant's manufacture; but it does not 
 necessarily follow that the plaintiff can 
 claim damages for every article manu- 
 factured by the defendant, even though it 
 be under that mark. On the other hand, 
 every sale of a patented article must be a 
 damage to the patentee." 
 
 (a) Davenport v. Rylandt, L. K. 1 Eq. 302.
 
 TRADE MARKS. 29 
 
 A suggestion has already been made as to the 
 bearing of the mode of infringement upon the ques- 
 tion of the assessment of damages, in respect of the 
 loss of reputation sustained by the plaintiff (a), 
 
 Except in cases in which the reputation of the Account in 
 plaintiff's goods has suffered severely on account 
 of the inferior articles which the defendant had 
 palmed off as the plaintiff's, the course usually 
 adopted by the plaintiff was to claim to treat 
 the defendant as having been the plaintiff's 
 agent in selling the goods which the defendant 
 had improperly marked, and accordingly to claim Account of 
 an account and payment by the defendant to 
 the plaintiff of the profits which had been made 
 by the sale of the marked articles. 
 
 An account was a remedy practically peculiar Peculiar to 
 
 equity. 
 
 to equity (&). 
 
 In. one case the account was limited to com- instances of 
 
 limitation or 
 
 mence at the date of the filing of the bill on refusal of an 
 
 account. 
 
 account of the laches and collateral misconduct 
 on the part of the plaintiff (c), and in the same 
 case Mellish, L.J., referred to an account in such 
 terms as would make it appear that it ought not 
 to be granted in cases where nominal damages 
 only would be recoverable at law. 
 
 In the case of Oartier v. Oarlile (d) the Accounts 
 
 x ' against 
 
 (a) Ante, page 20. 
 
 (6) As to the action of account at common law, see 
 Bullen and Leake's Precedents. 
 
 (c) Ford v. Poster, L. R. 7 Ch. 611. 
 
 (d) 31 Beav. 292, 8 Jur. (N. S.) 183.
 
 30 TKADE MARKS. 
 
 innocent late Master of the Rolls granted an account 
 
 infringers. . _ , ,, 
 
 against an innocent infrmger. In the loiiowing 
 year Lord "Westbury, in a case in which the point 
 was not material, and Cartier v. Carlile was not 
 cited, said : 
 
 " It is well founded in reason, and also settled 
 "by decision, that if A . has acquired property 
 in a trade mark which is afterwards adopted 
 and used by B. in ignorance of A.'s right, 
 A. is entitled to an injunction ; yet he is 
 not entitled to any account of profits or 
 compensation, except in respect of any 
 user by B. after he became aware of the 
 prior ownership" (a). 
 
 And in a case which subsequently came before 
 the same Master of the Eolls he followed the 
 dictum in Edelsten v. Edelsten, but made no 
 reference to the case of Cartier v. Carlile, which 
 was cited to him (b). 
 
 In most of the reported trade mark cases, an 
 account against an innocent infringer has been 
 waived (c). 
 
 It is somewhat difficult to reconcile all the 
 cases referred to above, either with one another 
 or with principle; but it is submitted that, 
 however hard it may appear upon an innocent 
 infringer, and however ungenerous it may be for 
 
 (a) Edelsten v. Edelsten, 1 De G. J. & S. 185 at p. 199. 
 
 (b) Moet v. Couston, 33 Beav. 578, 10 Jur. N. S. 1012. 
 
 (c) E. g. Millinyton v. Fox, 3 My. & Or. 338 ; Burgess v. 
 Hills, 26 Beav. 244 ; Burgess v. Hately, ib. 249.
 
 TRADE MARKS. 31 
 
 the plaintiff to insist upon an account in suet 
 cases, yet that a plaintiff who is not in any 
 default, should be considered entitled to an 
 account of the profits properly attributable (a) to 
 the improper use of the mark by the defendant. 
 
 The account was limited to the six years prior 
 to the filing of the bill (b). 
 
 Limit of 
 account 
 
 When one of two persons, each entitled as Several 
 
 , owners. 
 
 against the rest of the world to the exclusive use 
 of a trade mark, asked for an account of profits 
 made by the infringer, and payment by him of 
 the portion of the profits to which the Court 
 might hold the plaintiff entitled, the account was 
 ordered (c), 
 
 As to the destruction or disposal of chattels fjjf e c f 'un der 
 to which a mark has been improperly applied see Act of l862 - 
 sections 2, 3, and 21 of the Act of 1862 (d). 
 
 Various instances (e) have occurred in which Oth ^ 
 
 ) / specific 
 
 the Court of Chancery has ordered specific relief rdief - 
 of a similar character, interfering more or less 
 with the defendant's rights of property, and 
 without reference to the Act of 1862. 
 
 (a) See directions on this point in Cartier v. Carlile, 31 
 Beav. 292 ; 8 Jur. (N. S.) 183. 
 
 (6) Cartier v. Carlile, ubi supra. See also L. R. 7 Ch. 633. 
 
 (c) Dent v. Turpin, 2 J. & H. 139, 30 L. J. Ch. 495. 
 
 (d) Pages 46, 49, and 66. 
 
 (e) Sed quaere ; How far they are capable of being recon- 
 ciled with the principle of Colburn v. Simmg, 2 Hare, 543.
 
 32 TRADE MARKS. 
 
 Thus, in Upmann v. Elkan (a), where certain 
 boxes of cigars to which the plaintiffs' brand 
 had been fraudulently applied were in the hands 
 of innocent consignees, it was ordered that if the 
 consignors did not intervene the brands of the 
 plaintiffs should be erased from the boxes of 
 cigars in the bill mentioned, and that the plaintiffs 
 should have a lien on the boxes of cigars bearing 
 the brand of the plaintiffs, for certain costs men- 
 tioned in the order. 
 
 So, too, in Farina v. Silverlock (b) a decree 
 was made for the delivery up to the plaintiff of 
 the defendant's stock of labels, which were 
 colourable imitations of the plaintiff's labels. 
 
 Again, in another case (c), which was not 
 however a trade mark case, part of the decree 
 was that Messrs. Day and Son should give up 
 to the plaintiff certain lithographic plates, and 
 any documents printed or lithographed there- 
 from. The report does not state, but it would 
 appear that the plates were to be restored to 
 Messrs. Day and Son when defaced. 
 
 Defences. The defences which have been commonly made 
 in cases of infringement are suggested by the 
 topics already mentioned. They consisted usually 
 of one or more of the following points : 
 
 ( 1 . ) Denial of the plaintiff's having acquired the 
 
 (a) L. R. 12 Eq. 140, affirmed on appeal ib. 7 Ch. 130. 
 See also Ponsardin v. Peto, 33 Beav. 642 ; 32 L. J. Ch. 371. 
 (6) See report in 4 K. & J. 650. 
 (c) JSmperor of Austria v. Day, 3 De G. F. & J. 217.
 
 TRADE MARKS. 33 
 
 tight he claims, raising the questions of 
 
 exclusive public user (a) and publicijuris, 
 
 (2.) Assertion that the defendant has lost his 
 
 right by abandonment or acquiescence (V). 
 
 (3.) That the maxim ex turpi causa non orittur 
 
 actio applies (c). 
 (4.) Denial of infringement (d). 
 (5.) In common law cases, that the defendant's 
 guilty knowledge had not been shewn(e). 
 (6.) Upon the question of costs, that the 
 defendant offered the plaintiff all the 
 redress and satisfaction to which he 
 was entitled before the hearing (/). 
 Laches and delay on the plaintiff's part may 
 also be available against him, but in considering 
 the question of delay, it must not be forgotten 
 that the plaintiffs are justified in waiting to 
 collect evidence of actual deception, so as not to 
 have to call upon the Court to decide on grounds 
 of conjecture (</), and also that delay on the part 
 of the plaintiff will be no reason against granting 
 an injunction, if the nature of the injunction is 
 such that, even if it is granted, the defendant will 
 not have been injured by the delay (li). 
 
 (a) Ante, page 5. 
 (6) See page 15. 
 
 (c) See page 7. 
 
 (d) See page 17. 
 
 (e) See page 26. 
 
 (/) See cases cited on the question of costs, page 34. 
 (g) Lee v. Haley, L. R. 5 Ch. 155. 
 (A) Lee v. Ualey, ubi suprd. 
 
 c 3
 
 34 TRADE MARKS, 
 
 Costs. The cos t s O f a n proceedings in the High Court 
 
 are in the discretion of the Court (a) ; but the 
 Court will be guided in their discretion by the 
 older cases, and where proper by the enact- 
 ments in the Act of 1862 (&). 
 
 As a general rule the costs would be given to 
 the successful party. 
 
 Where the defendant is an innocent infringer, 
 and upon receiving notice of the plaintiffs claim 
 offers to give him all he can obtain by a suit, an 
 undertaking not to continue the infringement, 
 compensation, and the costs of all proceedings 
 the plaintiff has already taken, the plaintiff will 
 not get his costs ; but if the defendant needlessly 
 dispute the plaintiff's claim, or does not offer 
 him all he can claim, the costs will follow the 
 event (e). 
 
 In a case where the Court held that both 
 parties were in the wrong, no costs were given to 
 either side (d) ; which was also the case where 
 both parties were engaged in vending an article 
 used for the deception of the public (e). 
 
 (a) Ord. LV. of the first Sched. to the Jud. Act, 1875. 
 (6) See that Act, post. 
 
 (c) MUlington v. Fox, 3 My. & Cr. 338 ; Burgess v. Hills, 
 26 Beav. 244 ; Burgess v. Hately, ib. 249. See also 
 remarks of the V.C. in M' Andrew v. Bassett, 33 L. J. Ch. 
 561, 4 N. R. 12. 
 
 (d) Meet v. Couston, 33 Beav. 578 ; 10 Jur. (N. S.) 1012. 
 
 (e) Estcourt v. Estcourt Hop Essence Co., L. R. 10 
 Ch. 276.
 
 TRADE MARKS. 35 
 
 PART II 
 
 Contains practical suggestions as to the selection 
 of trade marks and directions as to obtaining regis- 
 tration. 
 
 The Trade Mark Registration Act provides Reasons for 
 that from and after the 1st of July, 1876, l 
 a person shall not be entitled to institute any 
 proceeding to prevent the infringement of any 
 trade mark as defined by the Act, until and 
 unless such trade mark is registered in pursuance 
 of the Act. 
 
 The reason, therefore, for registering is plain 
 to all traders who value the reputation which 
 attaches to a trade mark. 
 
 In return for the compulsion thus put upon Advantages, 
 the trader to register, the act greatly facilitates 
 the proof of his title to use the mark which 
 was formerly often a matter of extreme diffi- 
 culty, proof of exclusive public user being re- 
 quired and the discovery of information as to 
 marks already in use. 
 
 Registration is by sec. 3 of the Act, made for 
 the first five years primd facie, and subsequently 
 incontrovertible proof of the right to the exclu- 
 sive use of the mark. 
 
 When registration is determined upon, the first 
 point to be decided is of what the trade mark 
 shall consist.
 
 36 TRADE MARKS. 
 
 Suggestions When the trader has a trade mark already in 
 selection of a use, under which his goods have obtained a 
 valuable repute in the market and with his 
 business connections, he will naturally seek to 
 register that mark, unless he knows of anyone 
 who claims a conflicting right to use the same 
 or a similar mark, and who will be likely to 
 oppose his registration ; in which case the intend- 
 ing registeree will consider whether the use of 
 the old trade mark is of sufficient value to him 
 to make it worth his while to combat that oppo- 
 sition ; if not, he will select a new trade mark. 
 
 There is a provision made in the 10th section 
 of the Act defining what may be registered as a 
 trade mark, in favour of trade marks in use as 
 trade marks before August 13th, 1875, so that 
 there will rarely be any difficulty in registering 
 such old trade marks, although they may not 
 come within the definition of the Act adopted 
 for new trade marks. If, however, that which 
 has been used as a trade mark does not correspond 
 with the general notion of a trade mark, stronger 
 evidence of its use as a trade mark will probably 
 be required by the Registrar, than in ordinary 
 cases. 
 
 Those who have adopted, a trade mark since 
 August 13th, 1875, must compare their trade 
 mark with the definition in the Act (sec. 10 p. 
 87), and see that their mark corresponds with 
 the ordinary definition there given ; as the pro- 
 vision in favour of a wider definition in cases of 
 what may be called old trade marks does not
 
 TEADE MAEKS. 37 
 
 extend to marks adopted since August 13th, 
 1875. 
 
 When therefore, the mark adopted since 
 August 13th, 1875, does not correspond with the 
 definition in the Act, a new one must be chosen. 
 
 When a new mark is selected instead of one 
 already in use, the new one should be made as 
 like the old one as is consistent with its being 
 made to correspond with the definition in the 
 Act, and the general purposes of a trade mark ; 
 in order that the public and the trade may, even 
 if they perceive any differences, recognize the 
 new mark as being that of the person who 
 formerly used the old mark. 
 
 Previously to selecting a new trade mark, the 
 definition in the Act should be carefully read 
 through, in order that the mark may be made to 
 contain one or more of the particulars of a trade 
 mark, made essential by the Act. 
 
 Care should also be taken to avoid selecting a 
 mark resembling that of any other person in the 
 same trade, in order that no excuse may be given 
 for opposition to the registration, or for mistake 
 in the market. 
 
 Generally in selecting a mark care should be 
 taken to make it plain and distinct in order that 
 it may be easily remembered and recognized by a 
 careless purchaser, and also that it should so 
 refer to the user of the mark that the purchaser 
 may, if he wishes to give fresh orders, have no 
 difficulty in discovering the name and address of 
 the user.
 
 38 TRADE M1EKS. 
 
 Where the trade is in articles which are to be 
 sold to people who cannot read without trouble 
 at home, or are meant for foreign trade, a symbol 
 or device of some kind should also be used. 
 
 In making a trade mark plain and simple, care 
 must be taken to make it include all that the 
 trader intends to use as a trade mark. In other 
 words, when a trade mark is selected, no other 
 mark should be used for the purpose of a trade 
 mark lest that other mark be infringed, and the 
 object of registration frustrated. 
 
 Thus if A. wishes to use the symbol of a bear 
 and also to mark his goods with the fancy term 
 " Arctic Brand," he should not register his bear 
 alone, or he would not be able to institute pro- 
 ceedings to prevent B. marking his goods with a 
 walrus, and the words " Arctic Brand." 
 
 "Whether it is expedient to employ several 
 trade marks, having a special one for each class 
 of goods, so that each class of goods may get a 
 name of its own, or to use one mark on all the 
 goods dealt in, is a practical question, which 
 deserves consideration. 
 
 On the one hand, it might be difficult to find 
 an attractive mark appropriate to different kinds 
 of goods, and on the other hand it must be re- 
 membered that, where only one mark is employed, 
 the reputation gained by the quality of one 
 article would tend to obtain for the other articles 
 on which the same mark appeared, a corresponding 
 reputation in the market. 
 
 Subject to the foregoing remarks, it is suggested
 
 TRADE MAKKS. 39 
 
 that a simple symbol with the proprietor's name 
 above and address below, the date of establish- 
 ment or registration on each side of, and the 
 fancy name, or name of the brand (if any) across 
 the symbol, is one of the most convenient forms 
 of trade mark to adopt. 
 
 Each trade mark which is selected will have to Directions 
 
 , . ' , . , . , - for obtaining 
 
 be registered in respect of certain goods or classes registration, 
 of goods. The first schedule to the rules should 
 be looked through, and it should be ascertained 
 to which of the 50 classes into which goods are 
 there divided, the goods to which the trade mark 
 is to be applied, belong. 
 
 If the goods may be considered as belonging to Rule 4. 
 two or more classes, the trader may apply to have 
 the trade mark registered in each class, or he may 
 rely upon the protection afforded by rule 19, and 
 only apply to be registered in one of the classes. 
 
 If he applies to be registered in one class only R U I C 3 . 
 and there is any doubt whether he has selected 
 the right class, the Eegistrar has power to deter- 
 mine the doubt. 
 
 The rules do not state what course is to be 
 pursued when more than one person apply for 
 registration (a), but all questions will probably be 
 avoided if, when a firm desires to register, all the 
 partners join in the application. 
 
 When a mark is to be registered for a company, Rule 10. 
 the application should be made by the secretary 
 or other principal officer, who should be furnished 
 
 (a) See, however, Rule 10.
 
 40 TRADE MARKS. 
 
 with the means of proving to the Registrar's satis- 
 faction that the application is duly authorised. 
 
 Rule 60. As to the cases where the application is to be 
 
 made on behalf of an infant, a lunatic, or other 
 person under disability, see rule 60. 
 
 On application for registration the following 
 documents are required to be sent in (1) a state- 
 ment, (2) two representations of the trade mark, 
 (3) a declaration, and (4) an account of the fees 
 payable on application, with a P.O.O., or if the 
 amount be over 5, a cheque for the amount. 
 
 The above should be prepared on separate 
 pieces of foolscap paper, of a uniform size of 13 
 inches by 8 inches, having a margin of not less 
 than one inch and a half left blank down the 
 left side of the page. 
 
 Rules 6 & 7. (1) The Statement. Rules 6 and 7 should be 
 read, and the statement prepared accordingly, 
 Form A or B in schedule 3, whichever is appli- 
 cable, being taken as a guide, and attention being 
 paid to the marginal notes to the form selected. 
 
 Rule 8. (2) The Representations of the Trade Mark. 
 
 See rule 8, which gives full directions. 
 
 It will be advisable to have an additional copy 
 made of this and the other papers sent in, and to 
 preserve them for reference. 
 
 Rule 9 . (3) The Decktration. Read rule 9, and prepare 
 
 the declaration accordingly, taking the form C in 
 schedule 3 as a guide. 
 
 Rule 57. If from any reasonable cause, the person who 
 
 ought to make the declaration cannot do so, the 
 Registrar has power, upon the production of such
 
 TRADE MARKS. 41 
 
 other declaration, and subject to such terms as 
 he may think fit, to dispense with the regular 
 declaration. 
 
 The declaration being prepared recourse must 
 be had under rule 58 to a justice of the peace, or Rule 58. 
 other person authorised to administer an oath on 
 legal matters, and the declaration must be made 
 and signed before him, and his signature or seal 
 thereto obtained. 
 
 (4) Fees. Another paper must be prepared 
 containing (i.) the name and address of the 
 applicant, (ii.) an account of the fees payable 
 in respect of the application. What the fees on 
 application are will be found by reference to Sched. z. 
 schedule 2. 
 
 A specimen of this last paper will be found at 
 p. 97 in the note to rule 5. 
 
 Attached to this paper must be a P. 0.0. for 
 the amount of the fees if under 5, and either a 
 P.O.O. or cheque if the fees exceed 5. 
 
 P. 0. Orders should be made payable to the 
 Eegistrar at the General Post Office, London. 
 Cheques should be drawn payable to the " Eegis- 
 trar of Trade Marks or Bearer," and crossed 
 " Bank of England." 
 
 Application for registration should then be Rule 62. 
 made by sending in the above mentioned papers, 
 either by hand, or prepaid by post, addressed to 
 The Eegistrar, 
 
 Trade Marks Eegistry Office, Quality Court, 
 47, Chancery Lane, W.C. 
 
 If they are sent by post, a memorandum of the
 
 42 TfcABE MARKS. 
 
 fact and date should be taken at the time of 
 posting, to facilitate proof thereof if it should 
 become important! 
 
 The Registrar will acknowledge the receipt of 
 the application. 
 
 Rule 12. The next step taken Will be on the part of 
 
 the Kegistrar, who, either with the acknowledg- 
 ment last mentioned, or shortly afterwards, will 
 send to the applicant a requisition instructing 
 him to insert in the " official paper " an ad- 
 vertisement of his application. The Registrar 
 may also require the applicant to furnish the 
 
 Rule ii. printer with a block or other means of adver- 
 tising the intended mark. If any opposition is 
 raised to the proposed registration, the opposing 
 
 See Rule 15 party will take action under rule 1 5, and the 
 
 and note 
 
 ther*on. dispute will be decided in the manner provided 
 by that rule and the rules in connection therewith. 
 
 Rule 16. After the lapse of three months from the first 
 
 appearance of the advertisement the Registrar 
 may, if he be satisfied that the applicant is 
 entitled to registration, proceed to make the 
 registration on payment of the required fee. 
 What this fee will be can be ascertained by 
 reference to the schedule 2. 
 
 The Registrar will, it is presumed, give the 
 applicant notice when he is to forward the 
 registration fees. 
 
 Rule 20. When the registration is complete it will date 
 
 from the time of application for registration. 
 
 Rule 21, The Registrar will send notice to the applicant 
 
 of the fact of registration.
 
 THE 
 
 MERCHANDISE MARKS ACT 
 
 (25 & 26 Vic. c. 88). 
 
 An Act to amend the Law relating to the 
 fraudulent marking of Merchandise. 
 
 [1th August, 1862.] 
 
 WHEREAS it is expedient to amend the Laws M. M. Act, 
 relating to the fraudulent marking of Mer- 
 chandise, and to the sale of Merchandise falsely 
 marked for the purpose of fraud : Be it there- 
 fore 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. In the construction of this Act the word Constructiou 
 ' person ' shall include any person, whether a 
 subject of Her Majesty or not, and any body 
 corporate or body of the like nature, whether 
 constituted according to the law of this country 
 or of any of Her Majesty's colonies or dominions, 
 or according to the law of any foreign country, 
 and also any company, association, or society of 
 persons, whether the members thereof be subjects 
 of Her Majesty or not, or some of such persona
 
 44 TRADE MARKS, ' 
 
 M. M. Act, subjects of Her Majesty and some of them not, 
 1862 si 
 
 ' and whether such body corporate, body of the 
 
 like nature, company, association, or society be 
 established or carry on business within Her 
 Majesty's dominions or elsewhere, or partly 
 within Her Majesty's dominions and partly 
 elsewhere ; the word ' Mark ' shall include any 
 name, signature, word, letter, device, emblem, 
 figure, sign, seal, stamp, diagram, label, ticket, 
 or other mark of any other description ; and 
 the expression ' Trade Mark ' shall include any 
 and every such name, signature, word, letter, 
 device, emblem, figure, sign, seal, stamp, diagram, 
 label, ticket, or other mark as aforesaid lawfully 
 used by any person to denote any chattel, or (in 
 Scotland} any article of trade, manufacture, or 
 merchandise, to be an article or thing of the 
 manufacture, workmanship, production, or mer- 
 chandise of such person, or to be an article or 
 thing of any peculiar or particular description 
 made or sold by such person, and shall also 
 include any name, signature, word, letter, number, 
 figure, mark, or sign which in pursuance of any 
 statute or statutes for the time being in force 
 relating to registered designs is to be put or placed 
 upon or attached to any chattel or article during 
 the existence or continuance of any copyright or 
 other sole right acquired under the provisions of 
 such statutes or any of them ; the word ' Mis- 
 demeanor' shall include crime and offence in 
 Scotland ; and the word ' Court ' shall include 
 any Sheriff or Sheriff substitute in Scotland."
 
 TRADE MABKS. 45 
 
 The Act of 1875, sec. 10 (87) gives a definition of JJM. Act, 
 a trade mark for the purposes of that Act. 1862, s. . 
 
 It will be observed that the definition here given of a 
 trade mark, includes the fact of lawful use. Therefore, 
 if the trade mark itself contain a misrepresentation, so 
 calculated to deceive the public that it cannot be lawfully 
 used, no criminal proceedings under this Act can be taken 
 against an infringer. It appears from the report of 
 Morgan v. McAdam, in Chancery (26 L. J. Ch. 228), that 
 in that case proceedings under this Act were successfully 
 resisted upon this ground. 
 
 The statutes at the present time in force relating to 
 registered designs, are the Act 38 & 39 Vic. c. 93, and 
 the Acts enumerated in the schedule thereto. The Act 
 38 & 39 Vic. c. 93, transfers the powers and duties of the 
 Board of Trade, and of the Registrar, under the copyright 
 of Designs Acts, to the Commissioners of Patents. 
 
 2. Every person who, with, intent to defraud, Forging 
 
 trade mark 
 
 or to enable another to defraud any person, shall r fc^eiy 
 
 applying any 
 
 forge or counterfeit, or cause or procure to be trade mark 
 
 * with intent 
 
 forged or counterfeited, any trade mark, or shall to defraud, 
 
 J a misde- 
 
 apply, or cause or procure to be applied, any meaner, 
 trade mark or any forged or counterfeited trade 
 mark to any chattel or article not being the 
 manufacture, workmanship, production, or mer- 
 chandise of any person denoted or intended to be 
 denoted by such trade mark, or denoted or intended 
 to be denoted by such forged or counterfeited 
 trade mark, or not being the manufacture, work- 
 manship, production, or merchandise of any person 
 whose trade mark shall be so forged or counter- 
 feited, or shall apply, or cause or procure to be 
 applied, any trade mark or any forged or counter- 
 feited trade mark to any chattel or article, not
 
 46 TEADE MAEKS. 
 
 M. M. Act, being the particular or peculiar description of 
 manufacture, workmanship, production, or mer- 
 chandise denoted or intended to be denoted by 
 such trade mark or by such forged or counter- 
 feited trade mark, shall be guilty of a misde- 
 meanor, and every person so committing a mis- 
 demeanor shall also forfeit to Her Majesty every 
 chattel and article belonging to such person to 
 which he shall have so unlawfully applied, or 
 caused or procured to be applied, any such trade 
 mark or forged or counterfeited trade mark as 
 aforesaid, and every instrument in the possession 
 or power of such person, and by means of which 
 any such trade mark or forged or counterfeited 
 trade mark as aforesaid shall have been so applied, 
 and every instrument in the possession or power 
 of such person for applying any such trade mark 
 or forged or counterfeit trade mark as aforesaid, 
 shall be forfeited to Her Majesty ; and the Court 
 before which any such misdemeanor shall be tried 
 may order such forfeited articles as aforesaid to 
 be destroyed or otherwise disposed of as such 
 Court shall think fit. 
 
 As to the intention to defraud see sec. 12. 
 
 As to the punishment of the misdemeanors constituted 
 by this Act, see sec. 14. 
 
 The operation of this and the following section is 
 extended by sec. 5 to cases where genuine trade marks 
 are so added to or altered as to resemble another genuine 
 trade mark, or in such a manner as to be calculated or 
 liable to deceive. 
 
 The definitions of forgery at common law adopted in 
 " Russell on Crimes," the modern standard work upon the 
 subject, are : " the fraudulent making or alteration of a
 
 TRADE MARKS. 47 
 
 writing to the prejudice of another man's right," and " a M. M. Act, 
 false making or making malo anirtw of any written instru- 1862. 
 ment for the purposes of fraud or deceit," the word 
 making being in this last definition, considered as includ- 
 ing every alteration of or addition to a true instrument. 
 
 The principal statute as to this offence, is the consoli- 
 dating and amending Act 24 & 25 Vic. c. 98, itself 
 amended by 33 & 84 Vic. c. 58. 
 
 It will be observed that the mischief against which this 
 act is directed, does not come within the usual definition 
 of a forgery. The following cases bear this out, and shew 
 that the dishonest use of trade marks, where money has 
 been obtained thereby, may be given in evidence in support 
 of a count for obtaining money under false pretences. 
 
 In the case of Reg. y. Smith (1 Dears and B. C. C. 566 
 and 27 L. J. M. C. 225), which occurred in 1858, the jury 
 having in effect found, by the verdict of guilty, that the 
 prisoner had used on the wrappers to his own baking 
 powders, labels which so far resembled those used by 
 Berwick the prosecutor, as to deceive persons of ordinary 
 observation and to make them believe them to be Berwick's 
 labels, and that they were made and altered by the prisoner 
 with intent to defraud the different purchasers by so 
 deceiving them ; the point that the making or altering such 
 document did not constitute forgery was reserved and after- 
 wards decided in the prisoner's favour. Willes, J., in giving 
 judgment pointed out that it was absurd to suppose that 
 the prisoner had committed as many forgeries as he 
 had distributed wrappers, and " that the fraud consisted 
 in putting inside the wrappers powder which was not 
 genuine, and selling that," and that he might have been 
 indicted for obtaining money under false pretences. 
 
 In Beg. v. Closs(l Dears &B. 460, 27 L. J. M. C. 541) it 
 was held that painting an artist's name on a copy not by 
 him of his picture, in order to pass it off as his, was not & 
 forgery. The second count was for a cheat at common 
 law, as to which Cockburn, C. J., said : 
 
 " We have carefully examined the authorities, and the
 
 48 TRADE MARKS. 
 
 M. M. Act, result is we think if a person in the course of his trade, 
 1862. openly and publicly carried on, were to put a false mark 
 or token upon an article so as to pass it off as a genuine 
 one, when in fact it was only a spurious one, and the 
 article was sold and money obtained by means of that 
 false mark or token, that would be a cheat at common 
 law." 
 
 In Reg. v. Dundas (6 Cox, C.C. 380) the prisoner was 
 convicted of obtaining money under false pretences, the 
 .cheat being the passing off a spurious article as a true one, 
 and a spurious label being one of the means employed. 
 
 A false representation that a stamp on a watch was 
 the hall mark of the Goldsmiths' Company was held 
 indictable, and the prisoner convicted on proof that the 
 mark on the case was not the hall mark, but a counter- 
 feited imitation in Reg. v. Suter and Couhon, 10 Cox 
 C.C. 577. 
 
 As to false pretences generally, see 24 & 25 Vic. c. 96, 
 e. 88, Russell on Crimes, and Roscoe's Evidence in 
 Criminal Cases. 
 
 Applying a 3. Every person who, with intend to defraud, or 
 
 forged trade * r 
 
 mark to any fco enable another to defraud, any person, shall apply 
 
 vessel, case, 
 
 wrapper, or cause or procure to be applied any trade mark 
 
 &c. , in or . 
 
 with which or any forged or counterfeited trade mark to any 
 
 any article , 
 
 is sold or in- cask, bottle, stopper, vessel, case, cover, wrapper, 
 old, a mis- band, reel, ticket, label, or other thing in, on, or 
 with which any chattel or article shall be intended 
 to be sold or shall be sold or uttered or exposed 
 for sale, or intended for any purpose of trade or 
 manufacture, or shall enclose or place any chattel 
 or article, or cause or procure any chattel or article 
 to be enclosed or placed in, upon, under, or 
 with any cask, bottle, stopper, vessel, case, cover, 
 wrapper, band, reel, ticket, label, or other thing
 
 TRADE MARKS. 49 
 
 to which any trade mark shall have been falsely M. M. Act, 
 applied, or to which any forged or counterfeited 
 trade mark shall have been applied, or shall 
 apply or attach or cause or procure to be applied 
 or attached to any chattel or article any case, 
 cover, reel, ticket, label, or other thing to which 
 any trade mark shall have been falsely applied, 
 or to which any forged or counterfeited trade 
 mark shall have been applied, or shall enclose, 
 place, or attach any chattel or article, or cause or 
 procure any chattel or article to be enclosed, 
 placed, or attached, in, upon, under, with, or to 
 any cask, bottle, stopper, vessel, case, cover, 
 wrapper, band, reel, ticket, label, or other thing 
 having thereon any trade mark of any other 
 person, shall be guilty of a misdemeanor, and 
 every person so committing a misdemeanor shall 
 also forfeit to Her Majesty every such chattel and 
 article, and also every such cask, bottle, stopper, 
 vessel, case, cover, wrapper, band, reel, ticket, 
 label, or other thing as aforesaid in the possession 
 or power of such person ; and every other similar 
 cask, bottle, stopper, vessel, case, cover, wrapper, 
 band, reel, ticket, label, or other thing made to 
 be used in like manner as aforesaid, and every 
 instrument in the possession or power of such 
 person, and by means of which any such trade 
 mark or forged or counterfeited trade mark as 
 aforesaid shall have been applied, and also every 
 instrument in the possession or power of such 
 person for applying any such trade mark or forged 
 or counterfeit trade mark as aforesaid, shall be for-
 
 50 TEADE MARKS. 
 
 M. M. Act, felted to Her Majesty ; and the Court before which 
 
 3 4 ' any such misdemeanor shall be tried may order such 
 
 forfeited articles as aforesaid to be destroyed or 
 
 otherwise disposed of as such Court shall think fit. 
 
 Section 2 is directed against the application of a 
 fraudulent mark to an article itself ; sec. 3 is directed 
 against the application of such mark, not to the article 
 itself, but to the case in which it is packed or some other 
 accessory of the article the resulting deception being the 
 same in both cases. 
 
 In the recent case of Fisher v. Apollina/ris Water Co. 
 (L. R. 10 Ch. 297 ; 44 L. J. Ch. 500) it was held that the 
 compromise of an indictment under this section was 
 lawful, and did not come within the principle of 
 Williams v. Bayley, L. E. 1 H. L. 200. 
 
 Selling 4. Every person who, after the 31st day of 
 
 articles with _ . ir/o i -n n -J/L 
 
 forged or December, 1863, shall sell, utter, or expose either 
 marks after for sale or for any purpose of trade or manuf ac- 
 ber i863? em ture, or cause or procure to be sold, uttered, or 
 equal to exposed for sale or other purpose as aforesaid, 
 artic!e f soid, an y chattel or article, together with any forged or 
 no? exceed- counterfeited trade mark, which he shall know to 
 less^tiia'nios ^ f r g e( ^ or counterfeited, or together with the 
 trade mark of any other person applied or used 
 falsely or wrongfully or without lawful authority 
 or excuse, knowing such trade mark of another 
 person to haye been so applied or used as afore- 
 said, and that whether any such trade mark or 
 forged or counterfeited trade mark as aforesaid, 
 together with which any such chattel or article 
 shall be sold, uttered, or exposed for sale or other 
 purpose as aforesaid, shall be in, upon, about, or 
 with such chattel or article, or in, upon, about, or
 
 TRADE MAKKS. 51 
 
 with any cask, bottle, stopper, vessel, case, cover, M. M. Act, 
 
 wrapper, band, reel, ticket, label, or other thing 4 5 ' 
 
 in, upon, about, or with which such chattel or 
 
 article shall be so sold or uttered or exposed for 
 
 sale or other purpose as aforesaid, shall for every 
 
 such offence forfeit and pay to Her Majesty a 
 
 sum of money equal to the value of the chattel 
 
 or article so sold, uttered, offered, or exposed for 
 
 sale or other purpose as aforesaid, and a further 
 
 sum not exceeding 5, and not less than 10s. 
 
 This section is directed against fraudulent dealings with 
 goods, in respect of which the misdemeanors created 
 by sees. 2 and 3 may have been already committed. No one 
 could deal with goods in the manner and with the intent 
 mentioned in sees. 2 and 3 without a guilty knowledge, 
 which is not, therefore, mentioned in these sections as 
 an ingredient in the offence ; but, as goods with fraudu- 
 lent marks on or attached to them may but ought not 
 to be sold or otherwise dealt with as mentioned in 
 sec. 4 by a person innocent of actual intent to defraud, 
 knowledge alone will here constitute the animus of the 
 offence, and by sec. 6 a refusal to give information 
 as to the person from whom, and the time at which 
 goods dealt with as mentioned in sec. 4 were obtained, is 
 made prima facie evidence of such guilty knowledge. As 
 to the civil remedies of the " proprietor " of the trade 
 mark, when the goods bearing a false mark are in the 
 hands of innocent holders, and the duties of such innocent 
 holders, see Upman v. Elkan, L. R. 12 Eq. 140, and s.c. 
 L. R. 7 Ch. 130. 
 
 As to the recovery of penalties under this Act, see sec. 1 5. 
 5. Every addition to and every alteration of Additions to 
 
 > * and alter- 
 
 and also every imitation of any trade mark ations of 
 
 J trade marks 
 
 which shall be made, applied, or used with intent made with 
 
 ' intent to de- 
 
 to defraud or to enable any other person to defraud, fraud to be 
 
 D 2
 
 52 TRADE MAEKS. 
 
 m. M. Act, or which shall cause a trade mark with such 
 
 5 6 ' S alteration or addition, or shall cause such imitation 
 
 deemed for- of a trade mark, to resemble any genuine trade 
 
 mark so or in such manner as to be calculated or 
 
 likely to deceive, shall be and be deemed to be 
 
 a false, forged, and counterfeited trade mark 
 
 within the meaning of this Act ; and every act 
 
 of making, applying, or otherwise using any such 
 
 addition to or alteration of a trade mark or any 
 
 such imitation of a trade mark as aforesaid done 
 
 by any person with intent to defraud, or to enable 
 
 any other person to defraud, shall be and be 
 
 deemed to be forging and counterfeiting a trade 
 
 mark within the meaning of this Act. 
 
 See sects. 2 and 3. 
 
 Any Person 6. Where any person who, at any time after 
 sist'Decem- the 31st day of December, 1863, shall have sold, 
 
 ber, 1863, 
 
 shall have uttered, or exposed lor sale or other purpose as 
 cie having a af oresaid, or shall have caused or procured to be 
 mark tcfbe sold, uttered, or exposed for sale or other purpose 
 informa'timT 6 as aforesaid, any chattel or article, together with 
 procured it. any forged or counterfeited trade mark, or 
 together with the trade mark of any other person 
 used without lawful authority or excuse as afore- 
 said, and that whether any such trade mark, or 
 such forged or counterfeited trade mark as afore- 
 said, be in, upon, about, or with such chattel or 
 article, or in, upon, about, or with any cask, 
 bottle, stopper, vessel, case, cover, wrapper, band, 
 reel, ticket, label, or other thing in, upon, about, 
 or with which such chattel or article shall have
 
 TRADE MARKS. 53 
 
 been sold or exposed for sale, such person shall M. M. Act, 
 
 be bound, upon demand in writing delivered to him 
 
 or left for him at his last known dwelling-house 
 
 or at the place 'of sale or exposure for sale by or 
 
 on the behalf of any person whose trade mark 
 
 shall have been so forged -or counterfeited or used 
 
 without lawful authority or excuse as aforesaid, 
 
 to give to the person requiring the same or his 
 
 attorney or agent, within forty-eight hours after 
 
 such demand, full information in writing of the 
 
 name and address of the person from whom he 
 
 shall have purchased or obtained such chattel or 
 
 article, and of the time when he obtained the 
 
 same ; and it shall be lawful for any justice of Power to 
 
 f i n j justices to 
 
 the peace, on information on oath of such demand summon 
 
 T e i f i ii parties re- 
 
 and refusal, to summon before him the party re- fusing to 
 fusing, and) on being satisfied that such demand madon. 
 ought to be complied with, to order such infor- 
 mation to be given within a certain time to be 
 appointed by him; and any such party who shall 
 refuse or neglect to comply with such order shall 
 for every such offence forfeit and pay to Her 
 Majesty the sum of 5, and such refusal or neglect Penalty for 
 
 refusal $1. 
 
 shall be primd facie evidence that the person so 
 refusing or neglecting had full knowledge that 
 the trade mark, together with which such chattel 
 or article was sold, uttered, or exposed for sale or 
 other purpose as aforesaid, at the time of such 
 selling, uttering, or exposing was a forged, coun- 
 terfeited, and false trade mark, or was the trade 
 mark of a person which had been used without 
 lawful authority or excuse, as the case may be.
 
 54 TRADE MAKES. 
 
 M M. Act, This section makes it important for a trader to keep his 
 1862, ss. stock accounts in such a manner as to enable him readily 
 ' ' to give the information here mentioned. Inability to give 
 
 the information would not, it is presumed, be a ground of 
 relief against the penalties here imposed upon neglect, 
 and in the case of proceedings being instituted against 
 him under sec. 4 the trader would have to prove his 
 innocence instead of being able in the first instance to 
 call upon the other side to prove his guilty knowledge. 
 When goods with improper marks thereon are in the hands 
 of innocent consignees, wharfingers, and others, who are 
 at the most distributors, and not vendors, and cannot be 
 said even to procure a sale of the goods, the owner of the 
 trade mark is not without remedy, as he can obtain the 
 removal of the marks by civil proceedings for an in- 
 junction (a). As to what course such innocent persons 
 should pursue on becoming acquainted with the facts, see 
 the cases cited below (a). 
 
 Marking any 7. Every person who, with intent to defraud 
 
 tfonofquan- or to enable another to defraud, shall put or 
 
 upon an'' cause or procure to be put upon any chattel or 
 
 fntent e tcTde- article, or upon any cask, bottle, stopper, vessel, 
 
 n ra ity'a P sum case, cover, wrapper, band, reel, ticket) label, or 
 
 tauTeof th? other thing, together with which any chattel or 
 
 further tum a article shall be intended to be or shall be sold or 
 
 r n g5J XC and~ uttered or exposed for sale, or for any purpose 
 
 "' lessthan ^ t ra< ie or manufacture, or upon any case, 
 
 frame, or other thing in or by means of which 
 
 any chattel or article shall be intended to be or 
 
 shall be exposed for sale, any false description, 
 
 (a) Ponsardin \. Peto, 33 Beav. 642, 33 L. J. Cb. 371 ; 
 Hunt v. Maniere, 34 Beav. 157 ; Upman v. Elkan, L. K. 
 12 Eq. 140, Ib. 7 Oh. 130.
 
 TRADE MARKS. 55 
 
 statement, or other indication of or respecting M. M. Act, 
 the number, quantity, measure, or weight of ' Sl 
 such chattel or article, or any part thereof, or of 
 the place or country in which such chattel or 
 article shall have heen made, manufactured, or 
 produced, or shall put or cause or procure to be 
 put upon any such chattel or article, cask, bottle, 
 stopper, vessel, case, cover, wrapper, band, reel, 
 ticket, label, or thing as aforesaid, any word, 
 letter, figure, signature, or mark for the purpose 
 of falsely indicating such chattel or article, or 
 the mode of manufacturing or producing the 
 same, or the ornamentation, shape, or configura- 
 tion thereto, to be the subject of any existing 
 patent, privilege, or copyright, shall for every 
 such offence forfeit and pay to Her Majesty a 
 sum of money equal to the value of the chattel 
 or article so sold or uttered or exposed for sale, 
 and a further sum not exceeding five pounds and 
 not less than ten shillings. 
 
 This section would probably have had greater effect if 
 the Act had provided for the appointment of some one 
 whose duty it should be to take action thereunder. 
 
 An article may be falsely indicated as being the subject 
 of an existing patent, either when there is an existing 
 patent as to such articles and the particular article is not 
 the subject thereof, or when there is no such patent in 
 existence. It does not clearly appear whether the Act 
 was intended to apply to both these cases or only th 
 former, but in any case it must be remembered that 
 fraudulent intent is an essential ingredient in the offence, 
 and that there are many cases in which the word " patent " 
 occurs in a trade mark, the right to which was gained by
 
 5 6 TRADE MARKS. 
 
 M. M. Act, use during the continuance of the patent, and in which the 
 1862, a. 8. trade mark has continued, after the expiry of the patent, 
 to be used in the same form, when the whole world might 
 know that the patent has expired and the word is simply 
 used as a description of the article (Sykes v. Sykes, 3 B. & 
 C. 541, Ford v. Foster, L. R. 7 Ch. 611, p. 631). For an 
 instance of the word patent being honestly used without 
 any reference to Letters Patent see Marshall v. Ross, 
 L. R. 8 Eq. 651. 
 
 This and the following section are modified by the 
 proviso contained in the 9th section. 
 
 Selling or 8. Every person who, after the 31st day of 
 sTS f r December, 1863, shall sell, utter, or expose for 
 camber* ^863 sa ^ e or f r an y purpose of trade or manufacture, 
 faise^ate- 111 or sna ^ cause or procure to be sold, uttered, or 
 ^anthies exposed for sale or other purpose as aforesaid, 
 rf t nwre alty an y c h a ttel or article upon which shall have been, 
 
 than 51. or to hig knowledge, put, or upon any cask, bottle, 
 
 less than 58. 
 
 stopper, vessel, case, cover, wrapper, band, reel, 
 ticket, label, or other thing, together with which 
 such chattel or article shall be sold or uttered or 
 exposed for sale or other purpose as aforesaid, 
 shall have been so put, or upon any case, frame, 
 or other thing used or employed to expose or 
 exhibit such chattel or article for sale shall have 
 been so put, any false description, statement, or 
 other indication of or respecting the number, 
 quantity, measure, or weight of such chattel or 
 article or any part thereof, or the place or country 
 in which such chattel or article shall have been 
 made, manufactured, or produced, shall for every 
 such offence forfeit and pay to Her Majesty a 
 sum not exceeding 5 and not less than 5s.
 
 TRADE MARKS. 5? 
 
 It will be noticed that no reference to the false indication M. M. Act, 
 of articles or chattels being " the subject of an existing i^^j ss> 
 patent, <tc.," is made in this section as in the 7th section ; ' 
 so that an article, in respect of which the manufacturer 
 had been fined, for placing thereon a mark for the purpose 
 of indicating that it was the subject of an existing patent, 
 might be sold by the retail dealer without liability under 
 the 8th section. 
 
 9. Provided always, that the provisions of this Proviso that 
 Act shall not be construed so as to make it any be an offence 
 offence for any person to apply to any chattel or names or 
 article, or to any cask, bottle, stopper, vessel, known to be 
 
 i n i i i . i i T used for in- 
 
 case, cover, wrapper, band, reel, ticket, label, or dkating par- 
 other thing with which such chattel or article 'iSLes of 
 shall be sold or intended to be sold, any name, ^r"^ fac 
 word, or expression generally used for indicating 
 such chattel or article to be of some particular 
 class or description of manufacture only, or so as 
 to make it any offence for any person to sell, utter, 
 or offer or expose for sale any chattel or article to 
 which, or to any cask, bottle, stopper, vessel, 
 case, cover, wrapper, band, reel, ticket, label, or 
 other thing sold therewith, any such generally 
 used name, word, or expression as aforesaid shall 
 have been applied. 
 See note to section 7. 
 
 10. In every indictment, pleading, proceeding, Description 
 
 i i f tr ade 
 
 and document whatsoever, in which any trade marks and 
 mark shall be intended to be mentioned, it shall marks in 
 be sufficient to mention or state the same to be a & c . 
 trade mark, without further or otherwise describ- 
 ing such trade mark, or setting forth any copy or 
 fac-simile thereof; and in every indictment, 
 
 D 3
 
 58 TRADE MARKS. 
 
 M. M. Act, pleading, proceeding, and document whatsoever in 
 10, 11. which it shall be intended to mention any forged 
 or counterfeit trade mark it shall be sufficient to 
 mention or state the same to be a forged or 
 counterfeit trade mark, without further or other- 
 wise describing such forged or counterfeit trade 
 mark, or setting forth any copy or fac-simile 
 thereof. 
 
 Conviction 11. The provisions in this Act contained of or 
 
 not to affect . 
 
 any right concerning any act or any proceeding, judgment, 
 remedy. or conviction for any act hereby declared to be 
 a misdemeanor or offence, shall not nor shall, any 
 of them take away, diminish, or prejudicially affect 
 any suit, process, proceeding, right, or remedy 
 which any person aggrieved by such act may be 
 entitled to at law, in equity, or otherwise, and 
 shall not nor shall any of them exempt or excuse 
 any person from answering or making discovery 
 upon examination as a witness or upon interroga- 
 tories or otherwise in any suit or other civil pro- 
 ceeding : Provided always, that no evidence, 
 statement or discovery which any person shall be 
 compelled to give or make shall be admissible in 
 evidence against such person in support of any in- 
 dictment for a misdemeanor at common law or 
 otherwise, or of any proceeding under the pro- 
 visions of this Act. 
 
 The general principle as to concurrent civil and criminal 
 proceeding is : 
 
 " When the wrongful act amounts only to a misde- 
 meanor the remedy for the wrong is not suspended until 
 the offender has been brought to trial for the indictable
 
 TEADE MARKS. 59 
 
 offence ; but the injured party may at once bring an M. M. Act, 
 action for damages, whether he does or does not subse- 1862, s. 12. 
 quently prosecute." Addison on Torts, 4th ed., p. 33, 
 citing Reg. v. Hardey, 14 Q. B. 529, see also Fisher v. 
 Apollinaris Water Co., L. R. 10 Ch. 297 ; 44 L. J. Ch. 
 500 ; 32 L. T. 628. 
 
 The latter part of the section is inserted to prevent the 
 application of the maxim nemo tenetur seipsum prodere, 
 which allows a witness to refuse to answer " where the 
 answer would have a tendency to expose the witness, or 
 as it seems the husband or wife of the witness, to any 
 land of criminal charge, whether in common law or 
 ecclesiastical courts, or to a penalty or forfeiture of any 
 nature whatsoever." Taylor on Evidence, 6th ed., p. 1258, 
 where the case of Pye v. Butter-field, 34 L. J. Q. B. 17, 5 
 B. & S. 829, is cited as to the limitations to be placed upon 
 the words "penalty or forfeiture." In this case the 
 authorities upon which the Court of Chancery used to act 
 are referred to. 
 
 1 2. In every indictment, information, con- J n *ent to de- 
 
 J fraud, &c., 
 
 viction, pleading, and proceeding against any ny panicu- 
 person for any misdemeanor or other offence " e , ed n t be 
 
 alleged in an 
 
 against the provisions of this Act, in which it shall indictment, 
 be necessary to allege or mention an intent to proved, 
 defraud, or to enable another to defraud, it shall 
 be sufficient to allege or mention that the person 
 accused of having done any act which is hereby 
 made a misdemeanor or other offence did such 
 act with intent to defraud, or with intent to 
 enable some other person to defraud, without 
 alleging or mentioning an intent to defraud any 
 particular person ; and on the trial of any such 
 indictment or information for any such misde- 
 meanor, and on the hearing of any information or 
 charge of or for any such other offence as afore-
 
 60 TRADE MARKS. 
 
 M. M. Act, said, and on the trial of any action against any 
 I i'g ' person to recover a penalty for any such other 
 
 14, 15. offence as aforesaid, it shall not be necessary to 
 prove an intent to defraud any particular person, 
 or an intent to enable any particular person to 
 defraud any particular person, but it shall be suf- 
 ficient to prove with respect to every such mis- 
 demeanor and offence that the person accused did 
 the act charged with intent to defraud, or with 
 intent to enable some other person to defraud, or 
 with the intent that any other person might be 
 enabled to defraud. 
 
 Persons who 13. Every person who shall aid. abet, counsel, 
 
 aid in the J r i . 
 
 commission or procure the commission of any offence which 
 
 of a misde- A 
 
 meanor to be is by this Act made a misdemeanor shall also be 
 
 also guilty. 
 
 guilty of a misdemeanor. 
 See sections 2 and 3. 
 
 Punishment 14. Every person who shall be convicted or 
 meanor un- f ound guilty of any offence which is by this Act 
 made a misdemeanor shall be liable, at the dis- 
 cretion of the Court and as the Court shall award, 
 to suffer such punishment by imprisonment for 
 not more than two years, with or without hard 
 labour, or by fine or both by imprisonment with 
 or without hard labour and fine, and also by im- 
 prisonment until the fine (if any) shall have been 
 paid and satisfied. 
 
 Recovery of 15. In every case in which any person shall 
 have committed or done any offence or act where- 
 by he shall have forfeited or become liable to pay
 
 TRADE MARKS. 61 
 
 to Her Maiesty any of the penalties or sums of M. M. Act, 
 
 . ., . . , 1862,8.15. 
 money mentioned in the provisions ot this Act, 
 
 every such penalty or sum of money shall or may 
 be recovered in England, Wales, or Ireland in an 
 action of debt, which any person may as plaintiff 
 for and on behalf of Her Majesty commence and 
 prosecute to judgment in any Court of Eecord, 
 and the amount of every such penalty or sum of 
 money to be recovered in any such action shall or 
 may be determined by the jury (if any) sworn to 
 try any issue in such action, and if there shall be 
 no such jury then by the Court or some other 
 jury, as the Court shall think fit, or instead of 
 any such action being commenced such penalty 
 or sum of money shall or may in England or "Wales 
 be recovered by a summary proceeding before two 
 justices of the peace having jurisdiction in the 
 county or place where the party offending shall 
 reside or have any place of business, or in the 
 county or place in which the offence shall have 
 been committed; and shall or may in Ireland be 
 recovered in like manner by civil bill in the' Civil 
 Bill Court of the county or place in which the 
 offence was committed, or in which the offender 
 shall reside or have any place of business ; and 
 shall or may in Scotland be recovered by action 
 before the Court of Session in ordinary form or by 
 summary action before the Sheriff of the county 
 where the offence shall have been committed or the 
 offender may reside or have any place of business, 
 which Sheriff, upon proof of the offence, either 
 by the confession of the person offending or by
 
 62 TRADE MARKS. 
 
 M. M. Act, the oath or affirmation of one or more credible 
 15, 16. ' witnesses, shall convict the offender, and find him 
 liable in the penalty or penalties aforesaid as also 
 in expenses; and it shall be lawful for the Sheriff 
 in pronouncing such judgment for the penalty or 
 penalties and costs to insert in such judgment a 
 warrant in the event of such penalty or penalties 
 and costs not being paid to levy and recover the 
 amount of the same by poinding : provided always, 
 that it shall be lawful to the Sheriff, in the event 
 of his dismissing the action and assoilzing the 
 defender, to find the complainer liable in expenses, 
 and any judgment so to be pronounced by the 
 Sheriff in such summary action shall be final and 
 conclusive, and not subject to review by advoca- 
 tion, suspension, reduction, or otherwise. 
 
 See sect. 4 of the Debtor's Act, 1869, as to the excep- 
 tion from the abolition of imprisonment for debt in case 
 of default in payment of penalties. 
 
 Summary 16. In every case in which any such penalty 
 
 EefofjS? s or sum of money forfeited to Her Majesty as 
 
 whhin be herein-before mentioned shall be sought to be 
 
 ii & 12 v ic t. recovere( j by a Bummary proceeding before two 
 
 justices of the peace, the offence or act by the 
 
 committing or doing of which such penalty or 
 
 sum of money shall have been so forfeited shall 
 
 be and be deemed to be an offence and act within 
 
 the meaning of a statute passed in the twelfth 
 
 year of the reign of her present Majesty, intituled 
 
 "an Act to facilitate the performance of the duties 
 
 of justices of the peace out of sessions within
 
 TRADE MARKS. 63 
 
 England and Wales with respect to summary M. M. Act, 
 convictions and orders ;" and the information, jg 17 
 conviction of the offender, and other proceedings 
 for the recovery of the penalty or sum so forfeited, 
 shall be had according to the provisions of the 
 said Act. 
 
 Default in payment of a sum recovered summarily before 
 a justice or justices of the peace is also within the excep- 
 tions of sec. 4 of the Debtors' Act, 1869. 
 
 17. In every case in which judgment shall be inactions 
 
 J penalties to 
 
 obtained in any such action as aforesaid for the be accounted 
 
 for in like 
 
 amount of any such penalty or sum of money manner as 
 
 * other monies 
 
 forfeited to Her Majesty, the amount thereof payable to 
 
 ' ' the crown 
 
 shall be paid by the defendant to the sheriff or and piain- 
 the officer of the Court, who shall account for cover full 
 
 11 costs of 
 
 the same in like manner as other monies payable suit, 
 to Her Majesty, and, if it be not paid, may be 
 recovered, or the amount thereof levied, or the 
 payment thereof enforced, by execution or other 
 proper proceeding, as money due to Her Majesty; 
 and the plaintiff suing on behalf of Her Majesty, 
 upon obtaining judgment, shall be entitled to 
 recover and have execution for all his costs of 
 suit, which shall include a full indemnity for all 
 costs and charges which he shall or may have 
 expended or incurred in, about, or for the pur- 
 poses of the action, unless the Court, or a Judge 
 thereof, shall direct that costs of the ordinary 
 amount only shall be allowed. 
 
 This section appears to have been impliedly repealed aa 
 to the High Court of Justice, for, by order 55 of the rules 
 of court made under the Judicature Act, 1875, the costs
 
 64 TRADE MARKS. 
 
 M. M. Act, of all proceedings in the High Court are to be in the 
 
 1862, ss. discretion of the Court ; but, if proceedings for the recovery 
 ' of penalties are taken in the High Court, it is presumed 
 
 that the discretion of the Court would be guided by the 
 enactment as to the title of the plaintiff to the full costs 
 mentioned in this section. 
 
 Limitations jg. N"o person shall commence any action or 
 
 of actions, 
 
 &c. proceeding for the recovery of any penalty, or pro- 
 
 curing the conviction of any offender in manner 
 herein-before provided, after the expiration of 
 three years next after the committing of the 
 offence, or one year next after the first discovery 
 thereof by the person proceeding. 
 
 After 3 ist 19 i n every case in which at any time after 
 
 December, 
 
 1863, vendor the 31st day of December, 1863, anv person 
 
 of an article ' ' 
 
 with a trade shall sell, or contract to sell (whether by writing 
 
 mark to be J 
 
 deemed to or not), to any other person, any chattel or article 
 
 contract that 
 
 the mark is with any trade mark thereon, or upon any cask, 
 
 genuine. J J 
 
 bottle, stopper, vessel, case, cover, wrapper, band, 
 reel, ticket, label, or other thing, together with 
 which such chattel or article shall be sold or con- 
 tracted to be sold, the sale or contract to sell shall 
 in every such case be deemed to have been made 
 with a warranty or contract by the vendor to or 
 with the vendee that every trade mark upon such 
 chattel or article, or upon any such cask, bottle, 
 stopper, vessel, case, cover, wrapper, band, reel, 
 ticket, label, or other thing as aforesaid, was 
 genuine and true, and not forged or counterfeit, 
 and not wrongfully used, unless the contrary shall 
 be expressed in some writing signed by or on
 
 TRADE MAKKS. 65 
 
 behalf of the vendor, and delivered to and ac- M. M. Act, 
 , 1862, a. 20. 
 
 cepted by the vendee. 
 
 20. In every case in which at any time after Af t er 3t 
 
 December, 
 
 the 31st day of December, 1863, any person shall 1863, vendor 
 
 ^ . of an article 
 
 sell or contract to sell (whether by writing or with de- 
 scription 
 not) to any other person any chattel or article upon it 
 
 J , of its quan- 
 
 upon which, or upon any cask, bottle, stopper, tity to be 
 
 i i T i i- i x deemed to 
 
 vessel, case, cover, wrapper, band, reel, ticket, contract that 
 label, or other thing together with which such tioli w*" P 
 chattel or article shall be sold or contracted to be 
 sold, any description, statement, or other indica- 
 tion of or respecting the number, quantity, 
 measure, or weight of such chattel or article, or 
 the place or country in which such chattel or 
 article shall have been made, manufactured, or 
 produced, the sale or contract to sell shall in 
 every such case be deemed to have been made 
 with a warranty or contract by the vendor to or 
 with the vendee that no such description, state- 
 ment, or other indication was in any material 
 respect false or untrue, unless the contrary shall 
 be expressed in some writing signed by, or on 
 behalf of the vendor, and delivered to and 
 accepted by the vendee. 
 
 In the Acts regulating the sale of hops, 48 Geo. 3, 
 c, 134 ; 54 Geo. 3, c. 123, and "The Hop (Prevention of 
 Frauds) Act, 1866," (29 Vic. c. 37) provision is made for 
 marking every bag or pocket of hops' with certain 
 particulars, and by sec. 18 of 29 Vic. c. 37, it is enacted 
 that every person "who shall sell any hops in any bag or 
 pocket having marked thereon any name, description, 
 date, trade mark or symbol intended to indicate the
 
 66 TRADE MARKS. 
 
 M. M. Act, name of the person by whom, or the pari&h, county, or 
 1862, s. 21. place where, or the year when the said hops were 
 grown, shall be deemed to contract that the said descrip- 
 tion, date, trade mark and symbol were genuine and true, 
 and that such description, date, trade mark and symbol 
 were in accordance " with that Act and the above men- 
 tioned Acts of Geo. 3. 
 
 in suits at 21. In every case in any suit at law or in 
 
 law or in ... . . 
 
 equity equity against any person for forging or counter- 
 sf"?oV Sing feiting any trade mark, or for fraudulently apply- 
 mafks, ' e ing any trade mark to any chattel or article, or 
 order "article for selling, exposing for sale, or uttering any 
 destroyed, chattel or article with any trade mark falsely or 
 award ay wrongfully applied thereto, or with any forged 
 &c Unctl n> or counterfeit trade mark applied thereto, or for 
 preventing the repetition or continuance of any 
 such wrongful act, or the committal of any similar 
 act, in which the plaintiff shall obtain a judg- 
 ment or decree against the defendant, the Court 
 shall have power to direct every such chattel and 
 article to be destroyed or otherwise disposed of ; 
 and in every such suit in a court of law, the 
 Court shall or may upon giving judgment for the 
 plaintiff award a writ of injunction or injunctions 
 to the defendant, commanding him to forbear 
 from committing and not by himself or otherwise 
 to repeat or commit any offence or wrongful act 
 of the like nature as that of which he shall or 
 may have been convicted by such judgment, 
 and any disobedience of any such writ of 
 injunction or injunctions shall be punished as 
 a contempt of Court ; and in every such
 
 TRADE MAKES. 67 
 
 suit at law or in equity it shall be lawful for the M - M Aot 
 Court or a Judge thereof to make such order as 21, 22. 
 such Court or Judge shall think fit for the 
 inspection of every or any manufacture or pro- 
 cess carried on by the defendant, in which any 
 such forged or counterfeit trade mark, or any 
 such trade mark as aforesaid, shall be alleged to 
 be used or applied as aforesaid, and of every or 
 any chattel, article, and thing in the possession 
 or power of the defendant, alleged to have thereon 
 or in any way attached thereto any forged or 
 counterfeit trade mark, or any trade mark falsely 
 or wrongfully applied, and every or any instru- 
 ment in the possession or power of the defendant, 
 used or intended to be or capable of being used 
 for producing or making any forged or counterfeit 
 trade mark, or trade mark alleged to be forged or 
 counterfeit, or for falsely or wrongfully applying 
 any trade mark; and any person who shall refuse 
 or neglect to obey any such order shall be guilty 
 of a contempt of Court. 
 
 See the Introduction as to the relief of a similar nature 
 formerly granted in Chancery. 
 
 22. In every case in which any person shall Persons 
 do or cause to, be done any of the wrongful acts by forgeries 
 following (that is to say) : shall forge or counter- damages v "' 
 feit any trade mark; or for the purpose of sale, guti 
 or for the purpose of any manufacture or trade, part 
 shall apply any forged or counterfeit trade mark 
 to any chattel or article, or to any cask, bottle, 
 stopper, vessel, case, cover, wrapper, band, reel,
 
 68 !tRAt)E MARKS; 
 
 M. M. Act, ticket, label, or thing, in or with which any 
 1862 s 22 
 
 ' chattel or article shall be intended to be sold, or 
 
 shall be sold or uttered or exposed for sale, or for 
 any purpose of trade or manufacture ; or shall 
 inclose or place any chattel or article in, upon, 
 under, or with any cask, bottle, stopper, vessel, 
 case, cover, wrapper, band, reel, ticket, label, or 
 other thing, to which any trade mark shall have 
 been falsely applied, or to which any forged or 
 counterfeit trade mark shall have been applied ; 
 or shall apply or attach to any chattel or article 
 any case, covet, reel, wrapper, band, ticket, label, 
 or other thing, to which any trade mark shall 
 have been falsely applied, or to which any forged 
 or counterfeit trade mark shall have been applied j 
 or shall inclose, place, or attach any chattel or 
 article in, upon, under, with, or to any cask, 
 bottle, stopper, vessel, case, cover, reel, wrapper, 
 band, ticket, label, or other thing, having thereon 
 any trade mark of any other person; every 
 person aggrieved by any such wrongful act shall 
 be entitled to maintain an action or suit for 
 damages in respect thereof against the person who 
 shall be guilty of having done such act or causing 
 or procuring the same to be done, and for prevent- 
 ing the repetition or continuance of the wrongful 
 act, and the committal of any similar act. 
 
 Actions and suits by the persons aggrieved must not, 
 when such persons are owners of trade marks and the 
 grievance lies in the infringment of such trade marks, be 
 instituted without considering the bearing upon this 
 section of sec. 1 of the Act of 1875 (see p. 72).
 
 TEADE MASKS. 69 
 
 23. In every action which any person shall, M. M. Act, 
 under the provisions of this Act, commence as 23 24 ' 
 plaintiff for or on behalf of Her Majesty for 
 
 d Defendant 
 
 recovering any penalty or sum of money, if the obtaining a 
 
 5 J * J J> verdict to 
 
 defendant shall obtain judgment, he shall be have full 
 
 ' indemnity 
 
 entitled to recover his costs of suit, which shall for costs, 
 include a full indemnity for all the costs, charges, 
 and expenses by him expended or incurred in, 
 about, or for the purposes of the action, unless 
 the Court or a Judge thereof shall direct that 
 costs of the ordinary amount only shall be 
 allowed, 
 
 As to the probable effect of the Judicature Acts and 
 rules upon this section, see note to sec. 17, ante, p. 63. 
 
 24. In any action which any person shall, A plaintiff 
 
 J " ' suing for a 
 
 under the provisions of this Act, commence as penalty may 
 
 be compelled 
 
 plaintiff for or on behalf of Her Majesty for to give 
 
 secunty for 
 
 recovering any penalty or sum 01 money, if it costs, 
 shall be shown to the satisfaction of the Court, 
 or a Judge thereof, that the person suing as plain- 
 tiff for or on behalf of Her Majesty has no ground 
 for alleging that he has been aggrieved by the 
 committing of the alleged offence in respect of 
 which the penalty or sum of money is alleged to 
 have become payable, and also that the person so 
 suing as plaintiff is not resident within the juris^ 
 diction of the Court, or not a person of sufficient 
 property to be able to pay any costs which the 
 defendant may recover in the action, the Court 
 or Judge shall or may order that the plaintiff shall 
 give security by the bond or recognizance of
 
 70 TRADE MARKS. 
 
 BL M. Act, himself and a surety, or by the deposit of a sum 
 24 25*26 ^ mone y> or otherwise, as the Court or Judge 
 
 shall think fit, for the payment to the defendant 
 
 of any costs which he may be entitled to recover 
 
 in the action. 
 
 Sees. 23 & 24 are incorporated into the Hop (Prevention 
 
 of Frauds) Act, 1866, as to which see note to sec. 20, ante. 
 
 Act not to 25. Nothing in this Act contained shall be 
 corporation construed to affect the rights and privileges of the 
 Corporation of Cutlers of the liberty of Hallam- 
 shire in the county of York, nor shall anything 
 in this Act contained be construed in any way x to 
 repeal or make void any of the provision con- 
 tained in the 59 Geo. 3, c. 7, intituled "An Act 
 to regulate the Cutlery Trade in England." 
 
 As to the Cutlers' Company, see their Acts. In the 
 last of these, 23 Vic. c. xliii, the prior Acts are scheduled. 
 < The Act of 59 Geo. 3, c. 7 is a general Act for the 
 regulation of the cutlery trade in England, and is chiefly 
 directed to insure that goods marked with a hammer 
 shall have been hammer-made ; and goods marked 
 " London " or " London made " shall have been made 
 within the City of London, or within the distance of 20 
 miles therefrom. 
 
 Short title. 26. The expression "The Merchandise Marks 
 Act, 1862," shall be a sufficient description of 
 this Act
 
 TEADE MARKS REGISTRATION 
 ACT, 1875. 
 
 (38 & 39 VICT. CHAP. 91.) 
 ARRANGEMENT OF CLAUSES. 
 
 CLAUSE 
 
 1. Registration of trade marks. 
 
 2. Characteristics of registered trade mark, 
 
 3. Title of first proprietor of a trade mark. 
 
 4. Title of proprietor claiming "by transmitted 
 
 proprietorship. 
 
 5. Rectification of register. 
 
 6. Restrictions on registry of trade marks. 
 
 7. Establishment of registry and general rules. 
 
 8. Certificate of registrar to be evidence. 
 
 9. Provision as to Cutlers' Company and Sheffield 
 
 corporate marks. 
 
 10. Definitions. 
 
 11. Short title of Act. 
 
 An Act to establish a Register of Trade 
 Marks. 
 
 [13th August 1875.] 
 
 BE it enacted by the Queen's Most Excellent T.Y.E.Act, 
 
 1875 
 Majesty, by and with the advice and consent of
 
 72 TRADE MARKS. 
 
 T.M.E.Act the Lords Spiritual and Temporal, and Commons, 
 ' in this present Parliament assembled, and by the 
 
 authority of the same, as follows : 
 Registration 1. A register of trade marks as defined by 
 
 of trade * 
 
 marks. this Act, and of the proprietors thereof, shall be 
 established under the superintendence of the 
 Commissioners of Patents, and from and after 
 the 1st day of July, 1876, a person shall not be 
 entitled to institute any proceeding to prevent 
 the infringement of any trade mark as defined 
 by this Act, until and unless such trade mark is 
 registered in pursuance of this Act. 
 
 For the definition of a trade mark for the purposes of 
 this Act, see sec. 10. 
 
 The register when open, which cannot be till three 
 months after the first publication of the official paper (see 
 rules 12, 13, and 16), will be keptj in the Trades' Marks 
 Registry Office, at No. 4, Quality Court, 47, Chancery 
 Lane, W.C., where it will be open to public inspection 
 under the regulations referred to in rule 40. 
 
 As to the method of obtaining registration, see the 
 rules (p. 91), and the directions (p. 39). 
 
 The owners of Sheffield marks do not appear to be 
 restrained by this section from instituting proceedings to 
 prevent infringement, see sec. 9, clause 7, and note 
 thereon. 
 
 It is submitted that this section will have no operation 
 in cases founded upon the defendants having passed off 
 goods not the plaintiff's as the plaintiff's, so long as the 
 plaintiff can establish his case without giving his trade 
 mark in evidence, with a view of shewing that the 
 defendant has copied it. 
 
 In these cases, however, questions of practical diffi- 
 culty will occur where the plaintiff proposes to show that 
 the defendant has copied the plaintiff's advertisements, or
 
 TRADE MARKS. 73 
 
 other indicia of his connexion with goods, not being his T.M E.Act, 
 trade mark, and the defendant alleges that what the 1875, s. 1. 
 plaintiff affirms not to be his trade mark, is in reality his 
 trade mark, and ought to have been registered as such. 
 
 A question would seem to be likely to arise under sec. 1 
 of the Act read in conjunction with the rules 5, 12, 16, 20, 
 and 21 whether during the period to elapse between the 
 sending in of the statement required by rule 5 and the 
 receipt of the notice provided for by rule 21 a person 
 claiming to be the owner of a trade mark will be able, on 
 or after the 1st of July, 1876, to institute any proceeding 
 for the prevention of the infringement of his trade mark 
 if it corresponds with the definition in the Act. The Act 
 says that no such proceeding shall be instituted until and 
 unless the trade mark is registered, and in a suit so insti- 
 tuted, assuming a case for an injunction were made out in 
 all other respects, it would be open to the defendant to 
 object that the plaintiff was barred from claiming an in- 
 junction on the ground that the registration required by 
 the first section of the Act had not been perfected. On 
 an interlocutory application, or at the trial, if the registra- 
 tion were not then perfected, it is conceived that the 
 objection would be valid and fatal to the plaintiff ; but it 
 is submitted that if the registration should be completed 
 before the trial or before the hearing of any interlocutory 
 application upon which it could be raised, the objection 
 would be futile. 
 
 A somewhat similar case used to arise under the old 
 practice in Chancery, where a plaintiff filing a bill in the 
 character of a legal personal representative alleged in his 
 bill the grant of probate or letters of administration. It 
 was always held in such cases that the fact, that at the 
 date the bill was filed the plaintiffs title had not been 
 completed, was no objection to the suit at the hearing if 
 the grant had then been obtained, although it might be 
 raised by way of plea or in evidence on any interlo- 
 cutory application, if at the date of the plea or of the 
 interlocutory application there had been no grant. See 
 
 E
 
 74 TRADE MARKS. 
 
 T.M.K.Act, Daniell's Chan, Prac. page 301, 4th edition, and the cases 
 1875, B. 1. there citei 
 
 It is also submitted that the principle upon which the 
 somewhat similar case ofLemanv. Houscley (L. R. 10 Q. B. 
 66) was decided does not apply to this Act. There it was 
 held that an apothecary, whether registered at the 
 commencement of the action or only at the trial, could 
 not sue for services rendered while unregistered. It is to 
 be observed, however, that by the 55 Geo. 3, c. 194, s. 20, 
 the very rendering of such services is prohibited, and 
 although the 32nd section of the 21 & 22 Vic. c. 90 would 
 seem to point to registration at the date of trial being 
 sufficient, yet it is clear that there is a considerable dif- 
 ference between having a locus standi and having a cause 
 of action. One thing, however, is quite certain, that it is 
 desirable for every owner of a trade mark to register at 
 once, so as to avoid any such question. 
 
 As any proceedings under the Criminal Clauses of the 
 Act, of 1 862 (see p. 43) are instituted in the name of the 
 Crown this section, whatever interpretation may be put 
 upon it in civil matters, cannot affect such criminal pro- 
 ceedings 
 
 It is difficult to lay down beforehand any guide as to 
 what proceedings will be held to be proceedings to prevent 
 infringement. 
 
 It is submitted, however, that proceedings to prevent 
 continued i. e. future infringements, and for relief in the 
 nature of, and consequent upon an injunction, are the 
 only proceedings for prevention of infringement, to obtain 
 which registration is necessary. In support of this view 
 it may be urged : 
 
 i. That the Act is a dis-enabling Act, and must be 
 construed strictly, and that the grammatical meaning of 
 "prevention" is certainly not recovery of damages in 
 respect of that which has, ex hypothesi in an action for 
 damages, not been prevented. 
 
 ii. That the Act of 1862, which is in pari materid has 
 by sec. 22 (see that section, p. 67), enacted that the
 
 TRADE MAEKS. 75 
 
 person aggrieved by the wrongful acts there mentioned T.BLE.Act, 
 (forgeries of trade marks, &c.) " shall be entitled to main- 1875, s. 1. 
 tain an action or suit for damages in respect thereof 
 and for preventing the repetition or continuance of the 
 wrongful act, and the committal of any similar act." 
 That the rights there given ought not to be taken away, 
 except by express enactment or necessary implication and 
 that the distinction there drawn between cure and pre- 
 vention, would have been again drawn had it been 
 intended that the Act of 1875 should deal with cure as 
 well as prevention. 
 
 iii. That it would be strange if A. were allowed to take 
 advantage of bis knowledge that B. had not registered his 
 trade mark to cheat B. with impunity so far as the civil 
 remedy of B. was concerned. 
 
 If the strict construction contended for above is wrong, 
 and actions for damages are within the mischief of this 
 statute, various question may arise, to the considerations 
 of which the following part of this note is directed. 
 
 Thus a question may arise whether the infringement 
 of a trade mark, unregistered at the date of infringe- 
 ment, can be relied on as the ground of an action for 
 damages, brought on or after the 1st of July, 1876, by 
 a proprietor who has subsequently obtained registration. 
 In considering this point, a distinction may be made 
 between infringements committed before the 1st of July, 
 1876, and infringements committed on or after that date. 
 There are no words in the Act expressly protecting either 
 class of infringements, and it is submitted that as to 
 infringements committed before the 1st of July, 1876, 
 there is no reason why a right of action which would 
 clearly have been enforceable in a suit commenced on the 
 30th of June, should not be enforced in a suit commenced 
 on the 2nd of July. As to infringements on or after the 
 1st of July, 1876, and before registration, it may be argued 
 that inasmuch as a person proposing to use a particular 
 mark, has, by the register, a means afforded him of seeing 
 whether there is any similar trade mark on the register, 
 
 E 2
 
 76 TRADE MARKS. 
 
 T.M.R.Act, and so avoiding an infringement, he has a right, after 
 1875, 8. 2. the 1st of July, 1876, to assume that if there is no such 
 trade mark on the register there is none in use, the 
 owner of which would object to the use of this mark by 
 any other person. In addition, however, to the argu- 
 ments above urged in support of the writer's view of the 
 construction of this section, it is clear that in many cases, 
 to allow such defence to prevail, would work injustice. 
 For instance, in the case of a series of infringements 
 extending over the whole of the current year, why should 
 the infringer be in a better or worse position as to in- 
 fringements committed in the first six month than in 
 respect of those committed in the second six months of 
 the year. 
 
 Character- 2. A trade mark must be registered as belonar- 
 
 isticsof . . 
 
 registered ing to particular goods, or classes of goods ; and 
 
 trade mark. , j i i n i 
 
 when registered shall be assigned and transmit- 
 ted only in connexion with the goodwill of the 
 business concerned in such particular goods or 
 classes of goods, and shall be determinable with 
 such goodwill, but subject as aforesaid, registration 
 of a trade mark shall be deemed to be equivalent 
 to public use of such mark. 
 
 For the purposes of the rules, which by sec. 7 and 
 rule 64 are to be construed as if they were part of the 
 Act, goods are divided into 50 classes, (see rule 1 and 
 schedule 1). 
 
 Before the 1st January, 1876, protection in the use of 
 a trade mark could only be obtained after adducing 
 evidence of exclusive public user prior to the infringe- 
 ment complained of, see Introduction p. 5, and Lawson v. 
 Bank of London, 18 C. B. 84, extensive publication of 
 the intention to acquire the right to the trade mark being 
 insufficient, Maxwell v. Hogy, ~L. E., 2 Ch. 307. The 
 latter part of this iection renders registration, which dates
 
 TRADE MARKS. 77 
 
 from the date of the application for registration (rule T.M.E.Act, 
 20), equivalent to public user. Registration will thus 1875, s. 3. 
 be extremely useful in cases where it is desired to 
 advertise, either by means of or in connection with a mark 
 or other thing capable of being registered as a trade mark 
 articles not yet in the market. 
 
 The provision of this section coupling the trade mark 
 with the good-will of the business concerned in the goods 
 as to which the trade mark is registered, are generally in 
 accordance with the law prevailing before the passing of 
 the Act. (Hall v. Barrows, 4 De G. J. & S. 150, 33 L. J. 
 Ch. 204, 10 Jur. N.S. 55 ; Bury v. Bedford, 4 De G. J. 
 & S. 352, 10 Jur. N. S. 503). 
 
 It is not very clear what the meaning of a trade mark 
 being determinable with the good-will of a business may 
 be, nor to suggest a test of a good-will being determined. 
 
 By rule 34 the Court may remove any trade mark 
 from the registry on the ground, after the expiration of 
 five years from the date of the registry thereof, that 
 the registered proprietor is not engaged in any business 
 concerned in the goods with respect to which a trade 
 mark is registered. 
 
 There seems to be nothing in the Act or rules to prevent 
 registration of a mark intended to be used in a business to 
 be commenced after registration so long as a goodwill is 
 acquired before assigning or transmitting the mark. 
 
 3. The registration of a person as first proprietor Title of first 
 
 r t * e * propnetor of 
 
 of a trade mark shall be primd facie evidence of a trademark 
 his right to the exclusive use of such trade mark, 
 and shall, after the expiration of five years from the 
 date of such registration, be conclusive evidence 
 of his right to the exclusive use of such trade 
 mark, subject to the provisions of this Act as to 
 its connexion with the goodwill of a business. 
 For the benefit of the lay reader, it may be remarked
 
 78 TRADE MAEKS. 
 
 T. Iff .T?. Act, that the term "conclusive" applied to evidence, though 
 
 1875, s. 8. somewhat inaccurate, is commonly employed as here to 
 
 mean, that no other evidence would be required to 
 
 support, and no evidence admitted to contradict the facts, 
 
 as to which the conclusive evidence is given. 
 
 If under sec. 10, a trade mark is registered as having 
 been in use before August 13, 1875, in which case 
 an allegation of such user will have appeared in the 
 statement made on application (rule 6), and in the 
 advertisements in the official paper (rule 12), if not in 
 the register itself (see note on the word "such" in 
 sec. 10), it is clearly reasonable that such registration 
 should be made priind fane evidence of title in the pro- 
 prietor, not only from the date of registration, but also 
 from the 13th of August, 1875, and this may, perhaps, 
 be held to be the effect of this section, sed quaere? 
 Whether under any other circumstances, and if so, to 
 what extent a plaintiff in an action in respect of an 
 infringement alleged to have been committed before 
 registration, could avail himself of this section in proving 
 the existence of his right at the date of the infringement, 
 seems also open to question. The section certainly does 
 not expressly enact, and it is difficult to see upon what 
 ground, other than some supposed policy of the Act, the 
 construction of this section could be so strained as to 
 make the fact of A's. registration in 1876 primd facie 
 evidence of his title in 1874. 
 
 It is submitted that the term "exclusive" has reference 
 only to the use of the trade mark in respect of the goods 
 or classes of goods as to which it is registered. 
 
 A case might arise in which two or more persons having 
 adverse claims to the exclusive use of the same trade mark, 
 might be registered as proprietors thereof, either by over- 
 sight or under one of the rules numbered 17, 18, and 19. 
 In the latter case it is submitted, that such inconsistent 
 registrations would not be allowed except within five 
 years from the first registration of the trade mark in 
 question, and then only in cases in which it was deemed
 
 TRADE MARKS. 79 
 
 necessary to give the person or persons applying for T.M.E.Act, 
 registration subsequently to the first registration of the 1875, si. 
 trade mark in question, a locus standi to institute pro- ' 
 ceedings for the purpose of testing the right in dispute. 
 This would only be in cases in which proceedings under 
 sec. 5 were inapplicable. 
 
 Registration of separate persons as separate proprietors 
 of one trade mark may, under rule 29, take place with 
 the consent of all persons claiming to be entitled. As to 
 the construction to be put upon the word "exclusive " in 
 such cases, see note to rule 29. 
 
 4. Every proprietor registered in respect to a Tide of 
 trade mark subsequently to the first registered cSmingby 
 proprietor shall, as respects his title to that trade pro^rktor- 
 mark, stand in the same position as if his title s 
 
 were a continuation of the title of the first 
 registered proprietor. 
 
 5. If the name of any person who is not for Rectification 
 
 i * re S' ster - 
 
 the time being entitled to the exclusive use of a 
 trade mark in accordance with this Act, or other- 
 wise in accordance with law, is entered on the 
 register of trade marks as a proprietor of such 
 trade mark, or if the registrar refuses to enter on 
 the register as proprietor of a trade mark, the 
 name of any person who is for the time being 
 entitled to the exclusive use of such trade mark 
 in accordance with this Act, or otherwise in 
 accordance with law, or if any mark is registered 
 as a trade mark which is not authorised to be so 
 registered under this Act, any person aggrieved 
 may apply in the prescribed manner for an order 
 of the Court that the register may be rectified ;
 
 80 TRADE MARKS. 
 
 T.M.R. Act and the Court may either refuse such application, 
 ' s ' 'or it may, if satisfied of the justice of the case, 
 make an order for the rectification of the register, 
 and may award damages to the party aggrieved. 
 
 Where each of several persons claims to be 
 registered as proprietor of the same trade mark, 
 the registrar may refuse to comply with the 
 claims of any of such persons until their rights 
 have been determined by the Court, and the 
 registrar may himself submit or require the 
 claimants to submit in the prescribed manner 
 their rights to the Court. 
 
 The Court may, in any proceeding under this 
 section, decide any question as to whether a 
 mark is or is not such a trade mark as is 
 authorised to be registered under this Act, also 
 any question relating to the right of any person 
 who is party to such proceeding, to have his 
 name entered on the register of trade marks, or 
 to have the name of some other person removed 
 from such register, also any other question that 
 it may be necessary or expedient to decide for 
 the rectification of the register. 
 
 The Court may direct an issue to be tried for the 
 decision of any question of fact which may require 
 to be decided for the purposes of this section. 
 
 Whenever any order has been made rectifying 
 the register the Court shall by its order direct 
 that due notice of such rectification be given to 
 the registrar. 
 
 " The Court " is the Chancery Division of Her 
 Majesty's High Court of Justice (r. 42, p. 113).
 
 TRADE MARKS. 81 
 
 Applications to the Court may, subject to rules of T.M.K.Act 
 Court under the Supreme Court of Judicature Act, 1875, 1875, s. 6. 
 be made by motion or by application in chambers, or in 
 such other manner as the Court may direct (r. 43). 
 
 Provision is made by rule 44 for the case of a refusal 
 by the registrar under the circumstances there specified, 
 to comply with the claim of a person to have his name 
 entered on the register as proprietor of a trade mark, and 
 where rule 44 is in point an application under sec. 5 and 
 rule 43 would probably be irregular. 
 
 As to the entry of rectification on the register, see r. 36. 
 
 6. The registrar shall not, without the special Restrictions 
 leave of the Court, to be given, in the prescribed of trad'e ry 
 manner, register in respect of the same goods or m ' 
 classes of goods a trade mark identical with one 
 which is already registered with respect to such 
 goods or classes of goods, and the registrar shall 
 not register with respect to the same goods or 
 classes of goods a trade mark so nearly resembling 
 a trade mark already on the register with respect 
 to such goods or classes of goods as to be cal- 
 culated to deceive. 
 
 It shall not be lawful to register as part of or 
 in combination with a trade mark any words the 
 exclusive use of which would not, by reason of 
 their being calculated to deceive or otherwise, be 
 deemed entitled to protection in a Court of equity, 
 or any scandalous designs. 
 
 As to the first part of this section, see rules 18 and 19, 
 and notes thereon. 
 
 As to what words would not by reason of their being 
 calculated to deceive or otherwise, have been at the date 
 of the passing of this Act, deemed entitled to protection 
 
 E 5
 
 82 TRADE MARKS. 
 
 T.M R.Act, in a Court of equity, see Ford v. Foster, L. E. 7 Ch. 611, 
 1875, s. 7. where the older cases are cited and explained. 
 
 The judgment of Mellish, L. J., in that case refers to 
 the maxim Ex turpi causd non oritur actio as the common 
 principle upon which a trade mark case might fail either 
 at law or in equity. The dictum of the same learned 
 judge concerning the non-existence of any reported trade 
 mark case in which the above maxim was applied at 
 common law may account for the form of the reference 
 in the above section (L. R. 7 Ch. at p. 630). 
 
 The circumstances under which a Court of equity 
 would refuse protection to a trade mark which was not 
 calculated to deceive cannot of course be enumerated, 
 but an obvious instance would be where the trade in which 
 the trade mark was to be employed was in itself unlawful. 
 It is presumed that the prohibition of this section 
 would be deemed to apply, if the objectionable words 
 formed the whole trade mark and not a portion only. 
 
 Establish- 7. Subject as aforesaid, a register office shall 
 registry and be established from and after such time (not 
 e " being later than the 1st day of January, 1876), in 
 such manner and with such officers, and at such 
 salaries, to be paid out of moneys provided by 
 Parliament, as the Lord Chancellor may, with 
 the consent of the Treasury, direct ; and the 
 Lord Chancellor may from time to time, with 
 the assent of the Treasury as to fees, make, and, 
 when made, alter, annul, or vary, such general 
 rules as to the registry of trade marks, and as to 
 notices to be given by advertisement before the 
 registration of trade marks, and as to the classi- 
 fication of goods for the purposes of this Act, 
 and as to the registration of first and subsequent 
 proprietors of trade marks, and as to the fees
 
 TRADE MARKS. 83 
 
 to be charged for registration, and also for the T.M.R.Act, 
 continuance of a trade mark on the register or ^ 3 ' 8S> 
 otherwise, and as to the removal from the register 
 of any trade mark, as to notices, and as to the 
 persons, entitled to inspect the register, and as to 
 any proceedings to be taken to obtain the judg- 
 ment or leave of the Court in any matter in 
 which the judgment or leave of the Court is 
 required to be obtained under this Act, and 
 generally for the purpose of carrying into effect 
 this Act, as he may deem expedient. 
 
 Any rules made in pursuance of this section 
 shall be laid before both Houses of Parliament if 
 Parliament be then sitting, or if not then sitting, 
 then within ten days from the then next as- 
 sembling of Parliament, and shall be of the same 
 validity as if they had been enacted by Parlia- 
 ment ; provided that if either House of Parlia- 
 ment resolve, within one month after such rules 
 have been laid before such House, that any of 
 such rules ought not to continue in force, any 
 rule in respect of which such resolution has been 
 passed shall, after the date of such resolution, 
 cease to be of any force, without prejudice, never- 
 theless, to the making of any other rule in its 
 place, or to anything done in pursuance of any 
 such rules before the date of such resolution. 
 
 The rules issued under this section up to the present 
 date will be found post, p. 91. 
 
 8. The certificate of the registrar as to any Certificate of 
 
 . , registrar to 
 
 entry, matter, or thing which he is authorised by be evidence.
 
 84 TRADE MARKS. 
 
 T.M.E.Act, this Act, or any general rules made thereunder, 
 
 g g' 88 ' to make or do, shall be evidence of such entry 
 
 having been made, and of the contents thereof, 
 
 and of such matters and things having been done 
 
 or left undone. 
 
 See rule 41. 
 
 Under 8 & 9 Vic. c. 113, sec. 1, the certificate will 
 prove itself. 
 
 Provision a* 9. With respect to the master, wardens, 
 
 Company searchers, assistants, and commonalty of the 
 
 roifratf dd Company of Cutlers, in Hallamshire, in the 
 
 marks< county of York (in this Act caUed " the Cutlers' 
 
 Company") and the marks and devices (in this 
 
 Act called, *' Sheffield corporate marks") assigned 
 
 or to be assigned by the master, wardens, searchers, 
 
 and assistants of that company, be it enacted 
 
 as follows : 
 
 (1.) Within the prescribed time and in the 
 prescribed manner the Cutlers' Com- 
 pany shall at their own expense deliver 
 to the registrar under this Act copies 
 of all Sheffield corporate marks in force 
 at the time of such delivery : 
 ^2.) When any person, after the passing of 
 this Act, applies to the said master, 
 wardens, searchers, and assistants to 
 assign to him any mark or device, 
 notice of such application, with a copy 
 of such mark or device, shall, within 
 the prescribed time and in the pre- 
 scribed manner, be delivered to the 
 registrar under this Act ; and such
 
 TRADE MABKS. 85 
 
 mark or device shall not be assigned T.M.E.Act, 
 until after the expiration of the pre- ' *' 
 scribed period from the giving of such 
 notice. In like manner, when any 
 person applies for the registration under 
 this Act of a trade mark as belonging 
 to any goods or class of goods specified 
 in sec. 2 of the Cutlers' Company's Act 
 of 1860, notice of such application, 
 with a copy of such trade mark, shall 
 within the prescribed time and in the 
 prescribed manner, be delivered to the 
 Cutlers' Company; and such trade mark 
 shall not be registered until after the 
 expiration of the prescribed period from 
 the giving of the last-mentioned notice : 
 
 (3.) Upon the assigning of any such mark or 
 device, or the registration of any such 
 trade mark as aforesaid, notice of the 
 assignment or registration shall, within 
 the prescribed time and in the pre- 
 scribed manner, be given to the regis- 
 trar under this Act, or to the Cutlers' 
 Company, as the case may be : 
 
 (4.) The registrar under this Act, without the 
 special leave of the Court, to be given 
 only in cases where the applicant proves 
 his right, shall not in respect of any 
 goods or classes of goods with respect to 
 which a Sheffield corporate mark shall 
 have been assigned and actually used, 
 and of which mark a copy or description
 
 86 TRADE MARKS. 
 
 T.M.RAct, or notice of the assigning whereof shall 
 
 1875, 8.9. , , , ,. ., 
 
 have been delivered or given to the 
 
 registrar as aforesaid, register a trade 
 mark identical with such Sheffield cor- 
 porate mark, or so nearly resembling the 
 same as to be calculated to deceive : 
 
 (5.) The master, wardens, searchers, and 
 assistants of the Cutlers' Company shall 
 not assign to any person a mark or 
 device identical with any trade mark 
 registered under this Act, and notice of 
 the registration whereof shall have been 
 given to the Cutlers' Company as afore- 
 said, or so nearly resembling the same 
 as to be calculated to deceive : 
 
 (6.) Any person to whom a Sheffield corporate 
 mark legally belongs shall be entitled 
 to have the same mark registered also 
 as a trade mark under this Act, in 
 respect of any particular goods or classes 
 of goods, in the same manner, and upon 
 the same terms and conditions in and 
 upon which he might have registered 
 the same if it were not a Sheffield 
 corporate mark. 
 
 (7.) Nothing in this Act shall prejudice or 
 affect the rights and privileges of the 
 Cutlers' Company, nor, save as is other- 
 wise in this Act expressly provided, 
 shall any of the provisions of this Act 
 apply to or in the case of any Sheffield 
 corporate mark.
 
 TRADE MARKS. 
 
 87 
 
 (1). See rules 46, 47 and 56. T.MLB.Act, 
 
 (2). As to the notice to be given to the registrar, see ' 8 ' 
 rules 48 and 49. 
 
 As to the period to elapse after such notice before 
 assignment, see rule 50. 
 
 As to the converse case of an application to register 
 under the Act, see rules 51, 52, and 53. 
 
 Sec. 2 of the Cutlers' Company's Act 1860 (23 Vic. c. 
 xliii), refers to persons exercising the art or trade of a 
 maker of knives, sickles, shears, scissors, razors, files, 
 forks, saws, edge tools, or other articles of steel, or steel 
 and iron combined having a cutting edge, or of a manu- 
 facturer of steel. 
 
 (3). See rules 54 and 55. 
 
 (7). Considering the scope of this section and the absence 
 of any provisions which might be expected if it was 
 intended that the owners of Sheffield marks were to be 
 affected by sec. 2, it is submitted that the words "expressly 
 provided" in this clause must be construed as equivalent 
 to "provided with express reference to the Cutlers' 
 Company, &c." 
 
 A question as to the assignability of a Sheffield cor- 
 porate mark otherwise than by a surrender to the Com- 
 pany, and re-grant was decided in Bury v. Bedford, 4 De 
 G. J. & S. 352, 10 Jur. N.S. 55. 
 
 As to the Cutlers' Company generally, see "The 
 Cutlers' Company Acts," which are : , 
 
 21 James I. c. 31, The C. C. Act, 1623. 
 
 31 George III. c. 58, 1791. 
 
 41 George III. c. 97, 1801. 
 
 54 George III. c. 119, 1814. 
 
 23 Vic. c. 43, 1860. 
 
 10. For the purposes of this Act : Definitions. 
 
 A trade mark consists of one or more of the Trade mark, 
 following essential particulars ; that is to 
 say, 
 A name of an individual or firm printed,
 
 TRADE MARKS. 
 
 T.M.E.Act, impressed, or woven in some particular 
 
 1875, 8. 10. 
 
 and distinctive manner ; or 
 
 A written signature or copy of a written 
 
 signature of an individual or firm ; or 
 A distinctive device, mark, heading, label, 
 
 or ticket ; 
 
 and there may be added to any one or more of 
 the said particulars any letters, words, or figures, 
 or combination of letters, words or figures ; also 
 
 Any special and distinctive word or words or 
 combination of figures or letters used as a trade 
 mark before the passing of this Act may be regis- 
 tered as such under this Act. 
 
 Prescribed. Prescribed " means prescribed by general 
 rules made in pursuance of this Act ; and 
 Court " Court" means any of Her Majesty's superior 
 
 courts of law or equity at Westminister, or 
 any court to which the jurisdiction of such 
 courts may be transferred, or any one or 
 more of such courts which may be declared 
 to be the court for the purposes of this Act 
 by such general rules as aforesaid ; but the 
 provisions of this Act conferring a special 
 jurisdiction on the court as above defined 
 shall not, excepting so far as such jurisdic- 
 tion extends, affect the jurisdiction of any 
 court in Scotland or Ireland in causes, 
 actions, suits, or proceedings relating to 
 trades marks ; and if the register requires 
 to be rectified in consequence of any pro- 
 ceedings in any such court in Scotland or 
 Ireland, due notice of such requirements
 
 TRADE MARKS. 89 
 
 shall be given to the registrar, and he shall T.M.B.Act, 
 rectify the register accordingly. ' *' ' 
 
 In this section the word " figures" is used as equivalent 
 to " numbers " and does not in elude " devices " and " marks." 
 
 The name of an individual or firm can only be registered 
 as a trade mark when printed, impressed, or woven in 
 some particular and distinctive manner. 
 
 This appears to be a very proper stipulation to insert. 
 A name, may become merely equivalent to a mark and 
 cease to denote that the article on which it appears was 
 made by or passed through the hands of the person whose 
 name is on the article (see Hall v. Harrows 33 L. J. Ch. 
 204, 4 De G. J. & S. 150) but if all names could be 
 registered as trade marks, the use of a name for its 
 primary purpose would be much hampered and it might 
 even be urged that a person who had unintentionally used 
 name as a trade mark could be defeated on proceedings 
 for an injunction against a fraudulent person who used the 
 name as a trade mark, on the ground that the person 
 whose name was used had not registered it. 
 
 There is one drawback which attaches to the use of a 
 name as a trade mark, whether it be registered or not ; 
 namely, that if it be used by a person other than the 
 original person described by the name, the public may be 
 deceived. In this case, however, registration and assign- 
 ment under the Act, would not, in a civil action, rebut a 
 defence founded on the deception practised by the plaintiff, 
 nor, in criminal cases, prevent conviction. 
 
 If an artist or artisan has acquired by his personal skill 
 and ability, a reputation which gives to his works in the 
 market a higher value than those of other artists or 
 artisans he cannot give any other persons the right to 
 affix his name or mark to the goods, because he cannot 
 give to them a right to practise a fraud upon the public (a). 
 In such cases as these it is presumed that the regis- 
 trar would be justified in refusing to register a transfer. 
 
 (a) Leather Cloth Company v. American Leather Cloth 
 Company , 11 H. L. Ca. at p. 545.
 
 90 TBADE MARKS. 
 
 T.M.R.Act, It is submitted that where a mark has in any branch of 
 
 1875, a. 11. trade become puUici juris it is no longer a distinctive mark. 
 
 It will be observed that the permission to add any letters, 
 
 words, or figures, or combination of letters, words, or figures 
 
 to the essential particulars renders it possible though not 
 
 perhaps expedient to register, as a trade mark something 
 
 more corresponding to an advertisement than to the 
 
 general notion of a trade mark. See remarks of the L.C. 
 
 on this point in the Leather Cloth Co. v. American Leather 
 
 Cloth Co., 11 H.L. Ca. 523, 35 L.J. Ch. 53. 
 
 The definition of a trade mark in this section must be 
 taken in connection with the latter part of section 6. The 
 provision of the Act, with regard to any special or dis- 
 tinctive word, &c., used as a trade mark, before the passing 
 of the Act permits the registration of a trade mark 
 existing at the date of the Act, although it may not 
 correspond with the definition of a trade mark adopted 
 for the purposes of the Act. Those who have, since the 
 passing of the Act, or may hereafter adopt trade marks 
 not in accordance with the definition, will not be able to 
 register such marks. 
 
 It is submitted that the word " such " in this clause, 
 refers to the words trade mark. This clause therefore, 
 does not provide for any distinction being made in the 
 register between old and new trade marks, even in the 
 case of the particular class of old trade marks here 
 referred to ; nor does it appear from any other part of the 
 Act, nor from any of the rules, that any such distinction 
 is necessarily to be made (see rule 20). 
 
 The " Court," has by general rule 42, for the pur- 
 poses of the Act, been declared to be the Chancery 
 Division of Her Majesty's High Court of Justice. It is 
 perhaps unnecessary to point out, that there is nothing in 
 the Act or rules to limit the plaintiff in an action for 
 infringement in his selection of a forum. 
 
 Short title of 11. This Act may be cited for all purposes as 
 the Trade Marks Registration Act, 1875.
 
 RULES 
 
 UNDER THE 
 
 TRADE MARKS REGISTRATION 
 ACT, 1875, 
 
 ARRANGEMENT OF RULES. 
 
 Preliminary. 
 BULK 
 
 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. Acknowledgment of application by registrar.
 
 92 TRADE MARKS. 
 
 Advertisement of Application and Notice of 
 Opposition. 
 
 12. Advertisement of application. 
 
 13. Definition of official paper. 
 
 14. Means of advertising trade mark to be sup- 
 
 plied to official paper. 
 
 15. Notice and proceedings for opposition. 
 
 Registration of Trade Marks. 
 
 1 6. Time of registration of trade mark. 
 
 17. Duty of registrar in case of disputed claim. 
 
 18. Prohibition of registration of identical trade 
 
 marks. 
 
 19. Similar trade mark for similar goods not to 
 
 be registered in two classes. 
 
 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. 
 
 26. 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.
 
 TKADE MARKS. 93 
 
 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 re- 
 
 gistered for five years. 
 
 34. Eemoval of trade mark where no business in 
 
 goods. 
 
 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. 
 
 Inspection of Register. 
 
 40. Inspection and copies of register. 
 
 41. Certificate by registrar. 
 
 Application to the Court. 
 
 42. Definition of court. 
 
 43. Application to court. 
 
 44. Submission to court of conflicting claims. 
 
 45. Settlement of special case. 
 
 Cutlers' Company. 
 
 46. Time for delivery of old Sheffield marks. 
 
 47. Manner of delivery of old Sheffield marks. 
 
 48. Time for delivery of new Sheffield marks.
 
 TRADE MARKS. 
 
 49. Manner of delivery of new Sheffield marks. 
 
 50. Period between notice to registrar and assign- 
 
 ment 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. 
 
 Declaration and Evidence. 
 
 57. Dispensing with declaration, evidence, &c. 
 
 58. Mann p.r in which and persons before whom 
 
 declaration is to be taken. 
 
 59. Notice of seal of officer taking declaration to 
 
 prove itself. 
 
 60. Declaration by infant, lunatic, &c. 
 
 Commissioners of Patents. 
 
 61. Registrar subject to Commissioners of Patents. 
 
 Notices. 
 
 62. Notices to be in writing and served by post. 
 
 63. Mode of addressing notices. 
 
 64. Construction of Rules. 
 
 65. Forms. 
 SCHEDULES.
 
 TEADE MARKS. 95 
 
 RULES. 
 
 WHEREAS by the Trade Marks Registration Act, T.JLB. Act 
 1875, the Lord Chancellor is authorised from 1878 - 
 
 time to. time, with the assent of the Treasury as _ 
 
 : Bales, 1-3. 
 to fees, to make general rules as to the registry 
 
 of trade marks, and other matters connected 
 therewith, 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 make the following Rules : 
 
 Preliminary. 
 
 1. For the purposes of these Rules goods are ciassifica- 
 
 ,.,.., ,1 , tion of goods 
 
 classified in the manner appearing in the first in schedule, 
 schedule hereto. 
 
 See sec. 2 of the Act p. 76. 
 
 The first schedule will be found at p. 122. 
 
 2. The fees to be charged in pursuance of these Fees, 
 rules are the fees specified in the second schedule 
 hereto. 
 
 See page 134. 
 
 3. If any doubt arises as to what class any Dctermina- 
 particular description of goods belongs to, the as > tociases. 
 doubt shall be determined by the registrar. 
 
 As to wares made of mixed materials, see note at the 
 end of schedule 1.
 
 96 TEADE MARKS. 
 
 T.M.B. Act 4. A trade mark or trade marks may be re- 
 
 1 R7^ 
 
 gistered in pursuance of the same application by 
 Boles, 4, 5. the same person in respect of all or any goods, 
 Registration subject to the payment of the additional fees 
 
 of different J . ^ J 
 
 trade marks, specified in the second schedule in respect of the 
 
 or trade . 
 
 marks in dif- registration of different trade marks or the exten- 
 ciasses. sion of the same trade marks to goods in different 
 classes. 
 
 Application for Registry. 
 
 Proceedings 5. A person, whether a British subject or an 
 tion. alien, desiring to register a trade mark shall apply 
 
 to the registrar by sending to him a statement 
 accompanied by such declaration as is hereinafter 
 mentioned and the prescribed fee. 
 " Such declaration " see rule 9. 
 
 Applications must be addressed as follows : 
 The Registrar, 
 
 Trade Marks Registry Office, 
 Quality Court, 
 
 47, Chancery Lane, W.C. 
 
 See rule 62 Th e J ma y either be delivered by hand or sent prepaid 
 by post, but an application will not be attended to unless 
 it is accompanied by the proper fees specified in schedule 
 2 of the rules. 
 
 Fees will not be received in cash. They may be paid 
 by a Post Office Order payable to the Registrar at the 
 General Post Office, London ; or, if they exceed five 
 pounds, may be paid by a cheque drawn to the " Registrar 
 of Trade Marks or Bearer," and crossed " Bank of 
 England." 
 
 Each application for the registry of a trade mark or 
 marks must be accompanied by a statement, on foolscap 
 paper, of the following particulars :
 
 TEADE MAEKS. 97 
 
 1. Name and address of applicant. T.M.E. Act 
 
 (Example.) John Jones, 1875. 
 
 'Moon Street, R* 1 * 6. 
 
 Birmingham, 
 
 Pharmaceutical Chemist. 
 
 2. Account of fees for trade mark or marks required. 
 
 (Examples.) s. d. 
 
 One trade mark in class 4 - - - 1 
 
 or 
 Two trade marks in class 20 - - - 1 10 
 
 or 
 
 One trade mark in four classes - - 1 6 
 The post office orders or crossed cheques enclosed for 
 payment of fees should be fastened to the form of account 
 of fees. 
 
 6. The statement shall contain the following Contents of 
 
 statement 
 
 particulars : on appiica- 
 
 A. The name and address and calling of the 
 
 applicant : and 
 
 B. The description or reference to a description 
 
 of the trade mark to be registered : and 
 
 C. The class or classes of goods (being some 
 
 one or more of the classes mentioned in 
 the first schedule), and the particular 
 description or descriptions of goods in 
 such class or classes, with respect to which 
 he desires the trade mark to be registered : 
 and 
 
 D. In the case of a trade mark used before the 
 
 passing of this Act, a description of the 
 goods in respect of which it has been used, 
 and the length of time during which it 
 has been so used. 
 
 See the forms A. and B. given in schedule 3, post. 
 
 P
 
 98 TRADE MARKS. 
 
 T.H.R. Act It is submitted that the fact of particulars as to the 
 1875. description of goods in respect of which the trade mark is 
 
 Rules 7, 8. desired to be registered being 'required to be inserted in 
 the statement does not take away the privilege impliedly 
 given by sec. 2 of the Act of registering a trade mark in 
 respect of a whole class. 
 
 One reason why an applicant has to state the fact if 
 his trade mark was in use before the passing of the Act 
 (13th August, 1875), is that the registrar in such cases 
 does not have to see whether the trade mark corresponds 
 with the usual definition of a trade mark for the purposes 
 of the Act, but will apply a different test. See the Act, 
 sec. 10, and note thereon, p. 90. 
 
 Requisites 7. The above statement must bear a date and 
 ' be signed by the applicant. Subject to any other 
 directions that may be given by the registrar, 
 the statement sent to the registrar shall be upon 
 foolscap paper of a size of thirteen inches by 
 eight inches, and shall have on the left-hand 
 part thereof a margin of not less than one inch 
 and a half. 
 
 Where practicable, all the papers sent in to the registrar 
 should be of the same size, and have the same margin. 
 
 Nature 8. Subject to any other directions that may be 
 
 represent- given by the registrar, a description of a trade 
 
 mark tr le mark shall be given in writing, and shall be 
 
 accompanied, when practicable, by a drawing or 
 
 other representation in duplicate not less than 
 
 three inches square, on foolscap paper of the size 
 
 aforesaid, or by pasting or otherwise fastening on 
 
 such paper a specimen of the trade mark. 
 
 Where a drawing or other representation or
 
 Til AD E MAHKS. 99 
 
 specimen cannot be given in manner aforesaid, a TMt.ll. Act 
 
 specimen or copy of the trade mark may be sent. 
 
 .,,,,. . , / , . Kules8-10. 
 
 either 01 lull size or on a reduced scale, and in 
 
 such form as may be thought most convenient. 
 
 The registrar may, if dissatisfied with the 
 representation of a trade mark, require a fresh 
 representation either before he proceeds with the 
 application or before he registers the trade mark. 
 
 The registrar may also, in exceptional cases, 
 deposit in the Patent Museum a specimen or 
 copy of a trade mark which cannot conveniently 
 be placed on his register, and may refer thereto 
 in his register in such manner as he thinks 
 advisable. 
 
 9. The declaration must be on foolscap paper Declaration 
 
 1 1 tO aCCOm - 
 
 oi the above-mentioned size, and must verify the pany appii- 
 statement, and declare that, to the best ' of the 
 applicant's knowledge and belief, he is lawfully 
 entitled to use the trade mark, and must be made 
 and subscribed as herein-after mentioned. 
 
 For form of declaration, see schedule 3, form C. 
 
 As to when the registrar may dispense with a declara- 
 tion, see rule 57. 
 
 As to the manner in which and persons before whom a 
 declaration must be taken, see rule 58. 
 
 As to the seal or signature of the officer taking the 
 declaration proving itself, see rule 59. 
 
 As to making declarations, and doing other acts on 
 behalf of infants, lunatics, &c., see rule 60. 
 
 10. Where an application for the registry of a Application 
 trade mark is made by or on behalf of a corporate * 
 
 or quasi corporate body of persons, the statement 
 
 F 2
 
 100 TRADE MARKS. 
 
 T.M.R. Act and declaration shall be made by the secretary or 
 
 1875 
 
 other principal officer of the body of persons ; 
 Boles 10- , , r . * i 
 
 14. and the registrar may require such proof as he 
 
 thinks fit that the application made is duly 
 authorised by such body of persons. 
 
 The registrar will probably be satisfied with proof of a 
 resolution authorising the application by the person who 
 applies having been passed by the governing body. 
 
 Acknow- 11. On receipt of the application the registrar 
 
 ledgment of r . rr 
 
 application shall send to the applicant an acknowledgment 
 
 by registrar. 
 
 thereof. 
 
 Advertisement of Application and Notice of 
 
 Opposition. 
 Advertise- 12. As soon as may be after the receipt of an 
 
 ment of . J 
 
 application, application made as provided by these rules, the 
 registrar shall require the applicant to insert an 
 advertisement of the application in the official 
 paper, during such time, and in such form, and 
 generally in such manner as the registrar may 
 think desirable, and distinguishing whether the 
 mark has or has not been used before the 13th 
 day of August, 1875. 
 
 Definition of 13. The official paper for the purposes of these 
 
 official paper. 
 
 rules shall be some paper published under the 
 direction of the Commissioners of Patents, or such 
 other paper as such Commissioners, or any one 
 of them, may from time to time direct. 
 
 Means of 14. For the purposes of such advertisement the 
 
 advertising 
 
 trade mark applicant may be required to furnish the printer
 
 TRADE MARKS. 101 
 
 of the official paper with a wood block or electro- T.M.R. Act 
 
 1875 
 type of the trade mark, of such dimensions as 
 
 may from time to time be directed by the registrar 15 
 or with such other information or means of to be sup- 
 advertising the trade mark as may be allowed by offidaipaper. 
 the registrar. 
 
 15. A notice of opposition may be given by Notice and 
 sending to the registrar, together with the pre- for opposi- 
 scribed fee, a written notice in duplicate, on 
 foolscap paper of such size as aforesaid, stating 
 the grounds of the opposition. The registrar shall 
 send one copy of such notice to the applicant. 
 
 Within three weeks after the receipt of such 
 notice, or such further time as the registrar may 
 allow, the applicant may send to the registrar, on 
 foolscap paper of such size as aforesaid, a counter- 
 statement of the grounds on which he relies for 
 his application, and if he does not do so shall be 
 deemed to have withdrawn his application. 
 
 If the applicant sends such counter-statement 
 the registrar shall require the person who gave 
 notice of opposition to give security, in such 
 manner and to such amount as the registrar may 
 require, for such costs as may be awarded in res- 
 pect of such opposition ; and if such security is 
 not given within fourteen days after such require- 
 ment was made, or such further time as the 
 registrar may allow, the opposition shall be 
 deemed to be withdrawn. 
 
 As to the manner of serving notices, &c., see rule 
 62.
 
 102 TBADE MAKKS. 
 
 T.M.R. Act As to the decision of the points raised by opposition, 
 
 1875. see rule 17 and note to rule 16. 
 Boles 16, 
 17 
 
 Registration of Trade Marks. 
 
 re^tradoa 16t ^ n tlie expiration of three months from 
 m^k de *ke ^ ate * ^ e ^ rst a PP earance f t^e advertise- 
 ment in the official paper, the registrar may, if 
 he is satisfied that the applicant is entitled to 
 registration, register the trade mark in respect of 
 the description of goods for which he may be 
 entitled to be registered and the applicant as the 
 proprietor thereof, on payment of the prescribed 
 fee. 
 
 As to the entries to be made in the register and the 
 date of the registry, see rule 20. 
 
 It appears that where opposition has been raised to the 
 registry of a trade mark by a person not himself claiming 
 to be registered in respect of the same or a nearly identical 
 trade mark, i.e., in cases not coming within rule 17, that 
 the registrar may if satisfied that the applicant is entitled 
 to registration proceed under this section leaving the 
 opposing party to his remedy by way of application for 
 rectification of the register under sec. 5 of the Act 
 (P- 79). 
 
 Duty of 17. Where each of several persons claims to 
 
 registrar in . 
 
 case of dis- be registered as proprietor ot the same or a nearly 
 identical trade mark, in respect of the same goods 
 or goods belonging to the same class, the registrar 
 shall use his discretion as to registering all or any 
 of such trade marks, either unconditionally or on 
 the condition of the introduction of such varia- 
 tions (if any) or otherwise as he thinks fit, or 
 the registrar may, if in any case he thinks it
 
 TRADE MARKS. 103 
 
 expedient, submit or require the claimants to T.M.R. Act 
 
 submit their rights to the Court. 
 
 Eules 17- 
 See sec. 5 of the Act (p. 79), and rule 44. 19. 
 
 As to the possible registration under this and the two 
 next rules of two or more persons with conflicting claims, 
 seo note to sec. 3 of the Act (p. 78) . 
 
 18. Where a trade mark has been already Prohibition 
 
 ofregistra- 
 
 registered in respect of any goods or description tion of 
 of goods belonging to one particular class, a trade trade marks, 
 mark identical with such trade mark, or so nearly 
 resembling the same as to be calculated to deceive, 
 shall not, without leave of the Court, be registered 
 in the name of another person as proprietor thereof 
 with respect to any goods in that class. 
 
 It is presumed that the leave of the Court to register a 
 trade mark in respect of goods belonging to one class 
 identical with a trade mark, already registered as to the 
 same class, will be granted in all cases where the goods 
 to which the identical trade marks are applied, though 
 included in the same class, are so different that the identity 
 of the marks is not likely to deceive. For instance, a 
 purchaser of bricks marked with two crossed swords is not 
 likely to think that they were made at Dresden, though 
 china and bricks are both included in class 16 of schedule 1. 
 
 As to applications for leave, see rule 43. 
 
 19. Where goods may be considered as belong- similar trade 
 ing to two or more classes, and the trade mark ^ m r iiargoods 
 has been already registered in respect of such registered in 
 goods as belonging to one particular class, a trade two c asses ' 
 mark identical with such trade mark, or so nearly 
 resembling the same as to be calculated to deceive, 
 
 shall not, without leave of the court, be registered, 
 in the name of another person as proprietor thereof
 
 104 TRADE MARKS. 
 
 T.M.R. Act with respect to the same or similar goods as be- 
 
 1875 
 
 longing to another class. 
 Rules 19- 
 
 23. Were it not for this rule it would be necessary, in order 
 
 to protect one kind of goods, to register the trade mark 
 applied to them in every class in which such goods could 
 possibly be included. 
 
 Entries to 20. Upon registering any trade mark the re- 
 be made in f 
 
 register. gistrar shall enter in the register the date on 
 which the statement relating to the application for 
 registry was received by the registrar (which day 
 shall be deemed to be the date of the registry) 
 and such other particulars as he may think neces- 
 sary, including the name and address of the pro- 
 prietor. 
 
 The address is to be inserted for the purposes of rule 63. 
 
 If the registered proprietor has alleged user prior to 
 August 13, 1875, will this be deemed a necessary par- 
 ticular? 
 
 Notice of 21. The registrar shall send notice to the ap- 
 
 registration. 
 
 plicant of the registration of his trade mark. 
 Trust not to 22. There shall not be entered in the register, 
 
 be entered in 
 
 register. or be receiveable by the registrar, any notice of 
 any trust, expressed, implied, or constructive. 
 See also rule 28. 
 
 Registration of subsequent Proprietors. 
 Registration 23. The person to whom any registered trade 
 
 of assignee 111 , . 
 
 or trans- mark has been assigned or transmitted may apply 
 
 mittee. 
 
 to be registered as proprietor thereof. 
 
 No form of application by an assignee or transmittee 
 is given in the 3rd schedule. It will probably be sufficient
 
 TRADE MARKS. 105 
 
 to head the application in the same form as the other T.M.E. Act 
 papers sent in at the same time, and after stating the 1875. 
 name, address, and business of the applicant to refer to Rule 24. 
 the accompanying papers as shewing the grounds of the 
 application. The application should be dated and signed. 
 
 24. Where the trade mark has been assigned Production 
 the person claiming as assignee to be registered ment, &c. by 
 shall send to the registrar, with his application, as 
 an assignment by deed executed both by the 
 assignor and assignee, and a declaration verifying 
 such assignment. 
 
 A form of deed of assignment is given (Schedule 3, 
 Form D.) 
 
 It is suggested that as the deed is to be executed by the 
 assignee, some such addition as 
 
 "I accept the above assignment, and in witness 
 
 thereof, I have hereunto, &c.," 
 
 should be adopted in order to render the form more com- 
 plete, unless the deed of assignment be made in the form 
 of an indenture. Rule 65 does not render strict adherence 
 to the forms in schedule 3 compulsory. That rule only 
 provides that the forms may be used, i.e., that they shall 
 be sufficient in point of form ; they should not be varied 
 in any case without due cause. 
 
 It will be observed that the form of assignment given 
 in schedule 3 purports to assign the trade mark together 
 with the goodwill. Rule 24 makes it necessary to assign 
 a trade mark by deed, but it appears to be a very strict 
 construction of section 2 of the Act to hold that the 
 trade mark and goodwill must be assigned by one and the 
 same deed. The point may have considerable effect upon 
 the ad valorem duty. If the deed of assignment of the 
 trade mark does not also assign the goodwill, it should 
 refer to the goodwill so as to shew that the trade mark is 
 assigned in connection with the goodwill. 
 
 p 3
 
 106 TRADE MARKS. 
 
 T.M.B. Act As to the declaration verifying the assignment, see 
 1875. rulea 27 & 57. 
 
 Rules 25, 
 
 26. 25. Where a trade mark has been transmitted 
 
 Right of by the death of the registered proprietor, the legal 
 
 transmittee * _ 
 
 or his personal representative of such proprietor shall be 
 
 asagnee. A 
 
 recognised as having the title to the mark. 
 
 Where the trade mark has been transmitted by 
 marriage, bankruptcy, or otherwise by operation 
 of law, the person applying as the transmittee to 
 be registered shall send to the registrar, together 
 with his application, a statement of the manner 
 in which such trade mark has been transmitted, 
 and a declaration verifying such statement. 
 
 Any transmittee may assign his interest in the 
 mark, notwithstanding that he has not been 
 registered as proprietor thereof. 
 
 Where there are joint registered proprietors there 
 will be no transmission until the death of the survivor, 
 see rule 28. 
 
 As to the form of application by a transmittee, see note 
 to rule 23. 
 
 As to the form of the declaration to be made by a 
 transmittee, see rule 27 and schedule 3, form E. 
 
 Evidence to 26. Where the person applying to be registered 
 
 be produced . 
 
 on trans- claims as the transmittee of any registered pro- 
 mission. . , 
 
 prietor, or as the assignee of a transmittee, there 
 
 shall be produced to the registrar the following 
 
 evidence : 
 
 (1.) If the business concerned in the goods 
 with respect to which the trade mark is 
 registered is carried on in England or 
 Ireland, then
 
 TRADE MARKS. 107 
 
 A. If such transmission has taken place T.M.R. A< 
 
 by the death of any person, there ' 
 
 ,, 
 shall be produced the probate 01 
 
 the will of such deceased person, 
 or the letters of administration to 
 his estate, or an official extract 
 therefrom ; and 
 
 B. If such transmission has taken place 
 
 by the marriage of the female pro- 
 prietor, there shall be produced a 
 certified copy of the register of 
 such marriage, or other legal evi- 
 dence of the celebration thereof, 
 and a declaration of the identity 
 of such female proprietor ; and 
 
 C. If such transmission has taken place 
 
 by the bankruptcy of the registered 
 proprietor, or otherwise by opera- 
 tion of law, there shall be produced 
 to the registrar such evidence as 
 may, for the time being, be receiv- 
 able as proof of the title of the 
 applicant ; and 
 
 (2.) Where the said business is not carried on 
 in England or Ireland, 
 
 There shall be produced similar evidence 
 to that herein-before prescribed, or 
 such evidence as would be received 
 as sufficient evidence in the courts 
 of justice of the country or place
 
 108 TEADE MARKS. 
 
 T.M.B. Act at which the proprietor carries on 
 
 1875. 
 
 business. 
 Rules 26- 
 
 29 As to the power of the registrar to dispense with any 
 
 of this evidence, see rule 57. 
 
 Declaration 27. Every declaration made by an assignee or 
 and trans- transmittee shall state his name and address, and 
 that he is entitled to the goodwill of the busi- 
 ness concerned in the goods with respect to 
 which the trade mark is registered, or to some 
 part of such goodwill. 
 
 For form of declaration by transmittee see schedule 3, 
 form E. 
 
 As to the registrar's power of dispensing with a 
 declaration, see rule 57. 
 
 Assignee, 28. Where two or more persons are registered 
 owners. as joint proprietors of the same registered trade 
 mark, those proprietors, or the survivors or sur- 
 vivor of them, or their or his assignee or trans- 
 mittee, shall alone be recognised by the registrar 
 as having any title to the mark. 
 
 " Or their or his assignee or transmittee " should not 
 this be, "or their or his assignees or assignee, or the 
 transmittee of the survivor of them ?" 
 
 This rule does not of course prevent trusts or other 
 equities attaching to the property under the control of 
 the registered proprietors. 
 
 Registration 29. Where divers persons claim to be severally 
 
 of joint 
 
 owners as entitled to the goodwill of a business concerned 
 
 separate i i 
 
 owners of in the goods with respect to which a trade mark 
 
 separate . i 
 
 trade marks has been registered, sucn persons, or any of 
 them, may, if they all consent thereto, and on
 
 TRADE MARKS. 109 
 
 the production of the proper evidence, and on T.M.E. Act 
 payment of the prescribed fee, be registered 
 separately as separate proprietors of such trade gg 
 mark. 
 
 If all of such persons so entitled do not so 
 consent, the registrar shall not, without leave of 
 the court, register any of them as separate pro- 
 prietors of such trade mark. 
 
 If such separate registrations take place the word 
 " exclusive " in sec. 3 of the Act will as to each of the 
 separate proprietors have to be read as equivalent to 
 " exclusive against all persons except the other registered 
 separate proprietors.'' 
 
 The side note, which is given as published by authority, 
 is inaccurate. 
 
 Continuance of a Trade Mark on the Register. 
 
 30. At a time not being less than two months Removal of 
 nor more than three months before the expira- a^fout? 
 tion of fourteen years from the date of the l ^^f^ 
 registration of a trade mark, the registrar shall paid - 
 send a notice to the registered proprietor that the 
 trade mark will be removed from the register 
 unless the proprietor pays to the registrar, before 
 the expiration of such fourteen years (naming the 
 date at which the same will expire), the prescribed 
 fee, and if such fee be not previously paid, he 
 shall at the expiration of one month from the 
 date of the giving of the first notice send a 
 second notice to the same effect, and if such fee 
 be not paid before the expiration of such fourteen 
 years the registrar may, after the end of three 
 months from the expiration of such fourteen
 
 110 TRADE MARKS. 
 
 T.M.R. Act years, remove the mark from the register, and so 
 
 from time to time at the expiration of every 
 
 Rules 30- -i e f 
 
 34 period of fourteen years. 
 
 Payment of 31. If before the expiration of the said three 
 
 additional . 
 
 fee after months the registered proprietor pays the said 
 fourteen fee, together with the additional prescribed fee, 
 the registrar may, without removing such trade 
 mark from the register, accept the said fee as if 
 it had been paid before the expiration of the said 
 fourteen years. 
 
 Power of 32. Where after the said three months a trade 
 ers to restore mark has been removed from the register for 
 non-payment of the prescribed fee, the Commis- 
 sioners of Patents, or one of them, may, if they 
 are satisfied that it is just so to do, restore such 
 trade mark to the register on payment of the 
 prescribed additional fee and compliance with 
 such conditions as they may think just. 
 
 Trademark 33. Where a trade mark has been removed 
 
 removed not from the register for non-payment of the fee or 
 
 teVed fof s otherwise, such trade mark shall nevertheless for 
 
 five years after the date of such removal be 
 
 deemed for the purpose of section six of the Act, 
 
 and not for any other purpose, to be a trade 
 
 mark which is already registered. 
 
 Remorai of 34. The Court may, on the application of any 
 
 trade mark . -, 
 
 where no person aggrieved, remove any trade maik from 
 ** 1 the register on the ground, after the expiration of 
 five years from the date of the registry thereof,
 
 TRADE MARKS. Ill 
 
 that the registered proprietor is not engaged in T.M.K. Act 
 
 any business concerned in the goods with respect 
 
 Eules 34- 
 to which a trade mark is registered. 36. 
 
 See sections 2 & 3 of the Act, pages 76, 77. 
 
 Alteration and Rectification of Register. 
 
 35. The registered proprietor of any registered Alteration 
 trade mark may, by leave of the Court, alter tial parts of 
 such trade mark, so that he do not alter any one 
 or more of the particulars in such mark which 
 are declared by section 10 of the Act to be the 
 essential particulars of a trade mark, and the 
 registrar shall, on payment of the prescribed fee 
 and compliance with the requisitions of the 
 registrar as to the deposit of representations of 
 the trade mark as altered, alter the register 
 accordingly. 
 
 Strictly speaking an "old" trade mark, which does not 
 contain any of the essential particulars of a trade mark 
 under the ordinary definition in section 10, but is 
 registered under the special provision in that section as to 
 such "old" trade marks, could, under this rule, be entirely 
 altered, but it is submitted that the leave of the Court 
 would not be given to an alteration which affected the 
 distinctive points in any such " old " trade mark. See note 
 on section 10 as to such "old " trade marks. 
 
 36. Where due notice of an order of any Court Entry of 
 
 .,, ,, . , -i rectification 
 
 rectifying the register has been given to the in register, 
 registrar, the registrar shall forthwith, upon a 
 copy of so much of the order as relates to such 
 rectification being left with the registrar, and 
 payment of the prescribed fee, rectify the register 
 in accordance with the order.
 
 112 TRADE MARKS. 
 
 T.M.R. Act 37. Whenever the register is rectified or altered 
 in any particular in respect to any trade mark, 
 40. the registrar shall, if he thinks that such rectifi- 
 Pubiication cation or alteration should be made public, at the 
 do^or c expense of any person interested publish, by ad- 
 register 011 vertisement or otherwise, and in such manner as 
 he thinks just, the circumstances attending the 
 rectification or alteration of the register. 
 
 Notice to 38. Any person may send, with the prescribed 
 opposition in fee, notice to the registrar of his desire to oppose 
 
 any matter. ., . , , . . . ... 
 
 the registration of any assignee or transmittee, 
 or any alteration of the register. The registrar 
 shall give to the applicant for such registration or 
 alteration the like notice, and may require security 
 for costs in like manner as in the case of a notice 
 of opposition to the original registration of a 
 trade mark. 
 
 The registrar in such case may, if he think 
 fit, require the parties interested to submit their 
 claims to the Court. 
 See rules 14 & 44. 
 
 Alteration of 39. If the registered proprietor of a trade mark 
 
 address, &. 
 
 in register, send to the registrar, together with the prescribed 
 fee, notice of an alteration in his address, the 
 registrar shall alter the register accordingly. 
 
 Inspection of Register. 
 Jnspectioo 40. Ou such days and during such hours as 
 
 and copies of _ 
 
 register. the registrar may from time to time determine, 
 not being less than three hours on three separate 
 days in a week, any person may, on paying the
 
 TRADE MARKS. 113 
 
 prescribed fee, inspect the register of trade marks ; T.M.E. Act 
 
 and any person may, on paying the prescribed, 
 
 fee, obtain an office copy of any entry in the 44 
 
 register. 
 
 41. The registrar when required for the pur- Certificate 
 
 f by registrar. 
 
 pose of any legal proceeding or other special 
 purpose to give a certificate as to any entry, 
 matter, or thing which he is authorised by this 
 Act, or any of these rules to make or do, may, 
 on payment of the prescribed fee, giye such cer- 
 tificate, and shall specify on the face of it the 
 legal proceeding or other purpose for which such 
 certificate is granted. 
 
 See sec. 8 of the Act. 
 
 The certificate will prove itself tinder 8 & 9 Vic. c. 113, 
 s. 1. 
 
 Application to the Court. 
 
 42. The Court for the purposes of this Act is Definition 
 hereby declared to be the Chancery Division of 
 
 Her Majesty's High Court of Justice. 
 
 43. An application to the Court under the Act Application 
 
 to court. 
 
 and these rules may, subject to rules of court 
 under the Supreme Court of Judicature Act, 1875, 
 be made by motion or by application in chambers, 
 or in such other manner as the Court may direct. 
 
 44. Where the registrar refuses to comply with Submission 
 
 to court of 
 
 the claims of any persons until their rights have conflicting 
 been determined by the Court, the manner in 
 .which the rights of such claimants may be sub- 
 mitted by the registrar, or, if the registrar so
 
 114 TUADK MARKS. 
 
 T.M.R. Act require, by the claimants,, to the Court shall, 
 unless the Court otherwise order, be by a special 
 47 case ; and such special case shall be filed and 
 proceeded with in like manner as any other 
 special case submitted to the Court, or in snch 
 ot^er manner as the Court may direct. 
 
 See section 5 of the Act. 
 
 It is submitted that the practice under this order as to 
 special cases will be in accordance with the practice under 
 13 & 14 Viet. c. 35, which is the Act under which special 
 cases were submitted to the Court of Chancery prior to 
 the Judicature Acts, and which is not repealed ; order 34 
 of schedule 1 of the last Judicature Act only being 
 applicable in cases where a writ is issued. 
 
 Scttiementof 45. The special case may be agreed to by the 
 parties, o 
 registrar. 
 
 parties, or if they differ may be settled by the 
 
 Cutlers 1 Company. 
 
 f 46 ' The tim within which the Cutlets' 
 
 mi-fci heffield ^ om P an y are i n pursuance of the Act to deliver 
 to the registrar copies of all Sheffield corporate 
 marks in force at the time of such delivery shall 
 be the 1st day of March 1876, or such later 
 day as the Lord Chancellor may fix. 
 
 Manner of 47. Subject to any other directions that may 
 
 delivery of. .,., 
 
 old Sheffield be given by the registrar the manner in which 
 such copies are to be delivered shall be the 
 sending to the registrar of copies as herein-after 
 defined of such marks, accompanied by a state- 
 ment of the names, addresses, and callings of the
 
 TRADE MARKS. 115 
 
 persons to whom such trade marks have been T.M.R. Act 
 
 1875. 
 assigned. 
 
 Rules 47- 
 
 51. 
 
 48. The time within which the Cutlers' Com- . , 
 
 lime tor 
 
 pany are to deliver to the registrar notice of an delivery of 
 
 new Sheffield 
 
 application to them for assigning any mark or marks. 
 device, with a copy of such mark or device, shall 
 be as soon as practicable after the date at which 
 such company have determined on the mark or 
 device to be assigned. 
 
 49. The manner in which such notice and copy Manner of 
 
 * delivery of 
 
 shall be delivered to the registrar shall be the new Sheffield 
 
 marks. 
 
 sending to the registrar a notice of the applica- 
 tion, accompanied by a statement comprising the 
 like particulars as a statement required to be 
 made by an applicant for the registration of a 
 trade mark by the registrar under the Act, so far 
 as such particulars are known to the Cutlers' 
 Company. 
 
 50. The period before the expiration of which Period be- 
 
 tween notice 
 such mark or device shall not be assigned by the to registrar 
 
 Cutlers' Company, shall be six weeks from the mentofnew 
 date of sending the said notice to the registrar, marks. 
 
 51. The time within which notice of an ap- Time for 
 
 -,.., notice of 
 
 plication for the registration under the Act of a application 
 trade mark as belonging to any particular goods new trade 
 or class of goods specified in section two of the Cutlers' 
 Cutlers' Company's Act, 1860, together with a 
 copy of the trade mark, is to be delivered to the 
 Cutlers' Company, shall be as soon as practicable
 
 116 TRADE MARKS. 
 
 T.HLR. Act after the receipt of the application by the regis- 
 
 1875. 
 
 trar. 
 Rules 51- 
 
 56, As to what articles are specified in sect. 2 of the 
 
 Cutlers' Company Act, see note to section 9 of the Act. 
 
 *!vin ne no tice ^ 2 - The manner in which such notice is to be 
 to Cutlers' given shall be the sending to the Cutlers' Com- 
 
 Company of 
 
 application, pany a copy of the official journal containing the 
 mark of which notice is required to be given, 
 with a note distinguishing such mark. 
 
 Time be- 53 The period from the giving of such notice, 
 
 tween notice A 
 
 to Cutlers' before the expiration of which the trade mark is 
 
 Company 
 
 and regis- not to be registered, shall be six weeks from the 
 
 tration of 
 
 trade mark, date of sending such notice to the Cutlers Com- 
 pany. 
 
 noticVof ^' ^e ^ me With* 11 Which notice Of the assign- 
 
 assignment men t of any trade mark or device or the registra- 
 
 of mark or J 
 
 registration tion of any trade mark, is to be giyen to the 
 
 of mark. 
 
 registrar or to the Cutlers' Company (as the case 
 may be) shall be fourteen days after such assign- 
 ment or registration. 
 
 Manner of 55. The manner in which such notice shall be 
 
 ginng notice 
 
 of assign- given shall be the sending a notice of such assign- 
 
 ment or 
 
 registration ment or registration, with sufficient particulars 
 
 to identify the mark, or device, or trade mark, 
 to the registrar or Cutlers' Company, as the case 
 may be. 
 
 Description 56. A copy of a trade mark for the purpose 
 
 of copies for 
 
 purpose of of these rules when sent by the Cutlers Company 
 
 Cutlers' * 
 
 Company, shall be a drawing or representation of the trade
 
 TKADE MAEKS. 117 
 
 mark, and, subject to any other directions that T.M.R. Act 
 may be given by the registrar, shall be of a size 
 of not less than three inches square, and shall 53 
 be upon foolscap paper of such size as aforesaid. 
 
 Should not this rule run " A copy of a Sheffield mark 
 &<x"? 
 
 Declaration and Evidence. 
 
 57. In any case in which any person is re- Dispensing 
 quired xinder this Act to make a declaration on ration, evi- 
 behalf of himself, or of any body corporate, or 
 
 any evidence is required to be produced to the 
 registrar, the registrar, if satisfied that from any 
 reasonable cause such person is unable to make 
 the declaration, or that such evidence may be 
 dispensed with, may, upon the production of 
 such other declaration or evidence, and subject 
 to such terms as he may think fit, dispense with 
 any such declaration or evidence. 
 
 58. The declarations required by these rules Manner in 
 
 which and 
 
 shall be made and subscribed in the United persons be- 
 
 Kingdom under the authority of the Act of the declaration 
 
 fifth and sixth years of the reign of King taken. 
 
 William the Fourth, chapter sixty-two, " to 
 
 " repeal an Act of the present session of Par- 
 
 " liament, intituled ' An Act for the more 
 
 " ' effectual abolition of oaths and affirmations 
 
 " ' taken and made in various departments of 
 
 " ' the State, and to substitute declarations in 
 
 " ' lieu thereof, and for the more entire sup- 
 
 " ' pression of voluntary and extra-judicial oaths 
 
 " ' and affidavits,' and to make other provisions 
 
 " for the abolition of unnecessary oaths," and
 
 118 TRADE MARKS. 
 
 T.M.R. Act may be made and subscribed before any justice 
 
 of the peace, or any commissioner or other officer 
 
 go " authorised by law in any part of the United 
 
 Kingdom to administer an oath for the purpose 
 
 of any legal proceeding. 
 
 The declaration, when taken out of the United 
 Kingdom, shall 
 
 (a.) If made in any part of Her Majesty's 
 dominions be made and subscribed before 
 some court, justice, or officer authorised 
 by law in such part of Her Majesty's 
 dominions to administer an oath for the 
 purpose of a legal proceeding ; and, 
 (b.) If made out of Her Majesty's dominions, 
 be made and subscribed before a British 
 consul, vice-consul, or other consular 
 officer. 
 
 Having regard to the forms of declarations given in 
 
 schedule 3, and to this rule it is submitted that the form 
 
 of declaration given in the schedule to 5 & 6 Will. IV. c. 
 
 62 need not be followed, Sed quaere. 
 
 Notice of 59 Ariy document purporting to have affixed, 
 
 seal of officer 
 
 taking decia- impressed, or subscribed thereto or thereon the 
 
 ration to 
 
 prove itsei seal or signature of any person hereby authorised 
 to take such declaration, in testimony of such 
 declaration having been made and subscribed 
 before him, may be admitted by the registrar 
 without proof of the genuineness of any such 
 seal or signature, or of the official character 
 of such person or his authority to take such 
 declaration. 
 
 60. If any person is, by reason of infancy,
 
 TRADE MAKKS. 119 
 
 lunacy, or other inability, incapable of making T.M.R. Act 
 any declaration or doing anything required or 
 permitted by the Act or these rules to be made u g 8 j ' 
 or done by such incapable person, then the _ 
 
 J Declaration 
 
 guardian or committee, if any, of such incapable by infant, 
 
 lunatic, &c. 
 
 person, or if there be none, any person appointed 
 by any Court or judge possessing jurisdiction in 
 respect of the property of incapable persons, 
 upon the petition of any person on behalf of such 
 incapable person, or of any other person interested 
 in the making such declaration or doing such 
 thing, may make such declaration, or a declara- 
 tion as nearly corresponding thereto as circum- 
 stances permit, and do such thing in the name 
 and on behalf of such incapable person, and all 
 acts done by such substitute shall for the purpose 
 pf the Act and these rules be as effectual as if 
 done by the person for whom he is substituted. 
 
 See also Rule 57. 
 
 The side note, which is given as published by authority, 
 is somewhat inaccurate. 
 
 Commissioners of Patents. 
 
 61. The registrar, in the exercise of his powers, Regi^mr 
 duties, and discretion under the Act and these CosunL 
 rules, shall be subject to the superintendence of Patents. 
 the Commissioners of Patents, and shall conform 
 in every case to any instructions, directions, 
 orders, or rules (general or special) that may be 
 issued, given, or made by such commissioners, 
 or any one of them ; and he shall in all cases of 
 doubt be entitled to refer to the said commis- 
 sioners, or any of them, for instructions.
 
 120 TRADE MARKS. 
 
 T.BLR. Act Notices. 
 
 1875. 
 Bales 62- ^' Applications, statements, notices, and docu- 
 
 65- ments required by the Act or by these Rules 
 b^writing to be served or sent shall be in writing or print, 
 by d pott ved or P ar ^7 i n writing and partly in print, and may 
 be delivered personally, or served and sent by 
 post, and if sent by post shall be deemed to have 
 been served and received respectively at the time 
 when the letter containing the same would be 
 delivered in the ordinary course of post ; and in 
 proving such service or sending it shall be suf- 
 ficient to prove that the letter containing the 
 notice was prepaid and put into the post properly 
 addressed. 
 
 Upon sending an application, &c., by post, a memo- 
 randum should be made at the time of posting to facili- 
 tate proof of the fact. 
 
 Mode of 63. Any application, statement, notice, and 
 
 addressing ' 
 
 notices. document to be served or sent on or to the 
 registrar shall be deemed to b properly addressed 
 if addressed to the registrar of trade marks at his 
 office ; and if required to be served on or sent to 
 the proprietor of any trade mark shall be deemed 
 to be properly addressed if addressed to the 
 registered proprietor at his registered address. 
 
 Construction 64. These rules shall be construed as if they 
 
 of rules. 
 
 were part of the Trade Marks Registration Act, 
 1875, which Act is in these Rules referred to as 
 " the Act." 
 
 Forms 65. The forms in the third schedule to these
 
 TRADE MARKS. 121 
 
 rules or such other forms as the registrar may T.M.E. Act 
 
 direct may be used in all cases to which they are 
 
 ,. , , J Rule 65. 
 
 applicable. 
 
 CAIRNS, C. 
 
 We the Commissioners of Her Majesty's 
 Treasury do hereby assent to the above 
 rules so far as they relate to fees. 
 
 MAHON. 
 E. WINN.
 
 122 
 
 Eules. 
 Sched. 1. 
 
 SCHEDULES. 
 
 FIRST SCHEDULE. 
 
 CLASSIFICATION OP GOODS. 
 
 Illustrations. 
 
 Note. Goods are men- 
 tioned in this column by 
 way of illustration, and 
 not as an exhaustive list 
 of the contents of a class. 
 
 Such as 
 
 Acids, including 
 vegetable acids. 
 Alkalies. 
 Artists' colours. 
 Pigments. 
 Mineral dyes. 
 
 Such as 
 Artificial manure. 
 Sheep washes. 
 
 Such as 
 Tinctures. 
 Extracts. 
 Barks. 
 
 Patent medicines. 
 Cod-liver oil. 
 
 1. 
 
 Chemical substances used 
 in manufactures, pho- 
 tography, or philoso- 
 phical research. 
 
 Class 2. 
 
 Chemical substances used 
 for agricultural and 
 horticultural purposes. 
 
 Class 3. 
 Chemical substances used 
 
 in medicine and phar- 
 macy.
 
 TRADE MARKS. 
 
 1'28 
 
 Class 4. 
 
 Raw vegetable and animal 
 substances used in 
 manufactures. 
 
 Such as 
 Resins. 
 Oils. 
 Dyes. 
 
 Tanning substances. 
 Fibrous substances 
 
 (e.g. cotton, hemp, 
 
 flax, jute). 
 Wool. 
 Silk. 
 Cork. 
 Seeds. 
 Glue. 
 Bone. 
 Sponge. 
 
 Bales. 
 Sched. 1. 
 
 Class 5. 
 
 Unwrought and partly 
 wrought metals used 
 in manufacture. 
 
 Such as 
 Iron and steel, pig or 
 
 cast. 
 
 rough. 
 
 bar and rail, in- 
 cluding rails 
 for railways. 
 ,, bolt and rod. 
 sheets, and boiler 
 and armour 
 plates. 
 hoops. 
 wire. 
 
 o2
 
 124 
 
 TRADE MARKS. 
 
 Roles. 
 Sched. 1. 
 
 Class 5. Continued. 
 Unwrought and partly 
 wrought metals used 
 in manufacture. 
 
 Class 6. 
 
 Machinery of all kinds, 
 and parts of machinery, 
 except agricultural 
 machines and imple- 
 ments included in 
 Class 7. 
 
 Class 7. 
 
 Agricultural and horti- 
 cultural implements 
 and machines. 
 
 Lead, pig. 
 
 rolled. 
 
 sheet. 
 Copper. 
 Zinc. 
 
 Such as 
 Steam engines. 
 Boilers. 
 
 Pneumatic machines. 
 Hydraulic machines. 
 Locomotives. 
 Sewing machines. 
 Weighing machines. 
 Machine tools. 
 Mining machinery. 
 Fire engines. 
 
 Such as 
 Ploughs. 
 
 Drilling machines. 
 Reaping machines. 
 Thrashing machines. 
 Drainage imple- 
 ments. 
 
 Dairy implements. 
 Garden implements. 
 Cyder presses. 
 Beehives.
 
 TRADE MARKS. 
 
 Class 8. 
 
 Philosophical instru- 
 ments, instruments and 
 apparatus for useful 
 purposes, or for teach- 
 ing. 
 
 Class 9. 
 Musical instruments. 
 
 Class 10. 
 Horological instruments. 
 
 Class 11. 
 
 Surgical instruments and 
 apparatus. 
 
 Class 12. 
 Cutlery and edge tools. 
 
 Class 13. 
 
 Metal goods not included 
 in other classes. 
 
 125 
 
 Rules. 
 Sched. 1. 
 
 Such as 
 Knives. 
 Forks. 
 Scissors. 
 Shears. 
 Files. 
 Saws. 
 
 Corkscrews. 
 Tweezers. 
 Button-hooks.
 
 126 
 
 TRADE MARKS. 
 
 Rules. 
 Sched. 1. 
 
 Class 14. 
 
 Goods of precious metals 
 (including aluminium, 
 nickel, &c.), and jewel- 
 lery, and imitations of 
 such goods and jewel- 
 lery. 
 
 Glass 15. 
 
 Glass. 
 
 Such as 
 Plate. 
 
 Clock cases. 
 Pencil cases. 
 Sheffield and other 
 
 plated goods. 
 Gilt and ormolu 
 
 work. 
 
 Such as 
 Window and plate 
 
 glass. 
 
 Painted glass. 
 Glass mosaic. 
 Glass for optical 
 
 purposes. 
 
 Class 16. 
 
 Porcelain and earthen- 
 ware. 
 
 Class 17. 
 
 Manufactures from mine- 
 ral and other sub- 
 stances for building or 
 decoration. 
 
 Such as 
 China. 
 Stoneware. 
 Terra-cotta. 
 Statuary porcelain. 
 Tiles. 
 Bricks. 
 
 Such as 
 Cement. 
 Plaster. 
 Imitation marble.
 
 TRADE MARKS. 
 
 127 
 
 Class 18. 
 
 Engineering, architec- 
 tural, and building 
 contrivances. 
 
 Class 19. 
 
 Arms and military stores, 
 not included in Class 
 20. 
 
 Class 20. 
 Explosive substances. 
 
 Such as 
 
 Diving apparatus. 
 
 Warming apparatus. 
 
 Ventilating appar- 
 atus. 
 
 Filtering apparatus. 
 
 Lighting contriv- 
 ances. 
 
 Drainage contriv- 
 ances. 
 
 Electric bells. 
 
 Such as 
 Cannon. 
 Small-arms. 
 Fowling-pieces. 
 Swords. 
 
 Shot and other pro- 
 jectiles. 
 
 Camp equipage. 
 Military equipments. 
 Military accoutre- 
 ments. 
 
 Such as 
 Gunpowder. 
 Gun cotton. 
 Dynamite. 
 Fog-signals. 
 
 Rules. 
 Sched. 1.
 
 128 
 
 TRADE MARKS, 
 
 Bales. 
 Sched. 1. 
 
 Class 20. Continued. 
 Explosive substances. 
 
 Class 21. 
 
 Naval architectural con- 
 trivances and naval 
 equipments. 
 
 Class 22. 
 Carriages. 
 
 Percussion caps. 
 
 Fireworks. 
 
 Cartridges. 
 
 Such as 
 Boats. 
 Anchors. 
 Chain cables. 
 Windlasses. 
 Eigging. 
 Logs. 
 
 Such as 
 Railway carriages. 
 Waggons. 
 Railway trucks. 
 Velocipedes. 
 
 Class 23. 
 Cotton yarn and thread. 
 
 Class 24. 
 
 Cotton piece goods of all 
 kinds. 
 
 Class 25. 
 
 Cotton goods not included 
 in Classes 23, 24, or 
 38.
 
 TRADE MARKS. 129 
 
 Class 26. ? le - , 
 
 Sched. 1. 
 
 Linen and hemp yarn 
 and thread. 
 
 Class 27. 
 
 Linen and hemp piece 
 goods. 
 
 Class 28. 
 
 Linen and hemp goods 
 not included in classes 
 26 and 27. 
 
 Class 29. 
 
 Jute yarns and tissues, 
 and other articles made 
 of jute. 
 
 Class 30. 
 
 Silk, spun, thrown, or 
 sewing. 
 
 Class 31. 
 Silk piece goods. 
 
 Class 32. 
 
 Other silk goods not 
 included in classes 30 
 and 31. 
 
 Class 33. 
 
 "Woollen and worsted 
 yarns. 
 
 Q 3
 
 130 
 
 TRADE MARKS. 
 
 Rules. 
 Sched. 1. 
 
 Class 34. 
 Woollen cloths 
 worsted stuffs. 
 
 and 
 
 Class 35. 
 
 Woollen and worsted 
 goods not included in 
 classes 33 and 34. 
 
 Class 36. 
 
 Carpets, floor-cloth, and 
 oil-cloth 
 
 Class 37. 
 
 Leather, and skins un- 
 wrought and wrought, 
 and hair and feathers. 
 
 Class 38. 
 Articles of clothing. 
 
 Such as 
 Drugget. 
 
 Mats and matting. 
 Eugs. 
 
 Such as 
 Saddlery. 
 Harness. 
 Portmanteaus. 
 Furs. 
 Bristles. 
 Haircloth. 
 Wigs. 
 Hair mattresses. 
 
 Such as 
 Hats of all kinds. 
 Caps and bonnets. 
 Hosiery 
 Gloves. 
 
 Boots and shoes. 
 Other ready-made 
 clothing.
 
 TRADE MARKS. 
 
 131 
 
 Class 39. 
 
 Paper (except paper 
 hangings), stationery, 
 printing, and book- 
 binding. 
 
 Glass 40. 
 
 Goods manufactured 
 from india-rubber and 
 gutta-percha not in- 
 cluded in other classes. 
 
 Glass 41. 
 Furniture and upholstery. 
 
 Glass 42. 
 Substances used as food. 
 
 Such as 
 Envelopes. 
 Sealing wax. 
 Pens (including steel 
 pens). 
 Ink. 
 
 Playing cards. 
 Blotting cases. 
 
 Rules. 
 Sched 1. 
 
 Such as 
 Paper hangings. 
 Papier-mache. 
 Mirrors. 
 Japan goods. 
 
 Such as 
 Cereals. 
 Pulses. 
 Oils. 
 Hops. 
 Malt. 
 
 Dried fruits. 
 Tea. 
 Spices.
 
 TRADE MAKKS. 
 
 Bales. 
 Sched. 1. 
 
 Class 42. Continued. 
 Substances used as food. 
 
 Sago. 
 
 Salt. 
 
 Starch. 
 
 Sugar. 
 
 Preserved meats. 
 
 Honey. 
 
 Confectionery. 
 
 Biscuits. 
 
 Oil cakes, &c. 
 
 Pickles. 
 
 Vinegar. 
 
 Class 43. 
 
 Fermented liquors and 
 spirits. 
 
 Such as 
 Beer. 
 Cyder. 
 Wine. 
 
 Whisky. 
 Liqueurs. 
 
 Class 44. 
 
 Mineral and aerated 
 waters, natural and 
 artificial. 
 
 Class 45. 
 
 Tobacco, whether manu- 
 factured or unmanu- 
 factured.
 
 TRADE MARKS. 
 
 Class 46. 
 
 Seeds for agricultural 
 and horticultural pur- 
 poses. 
 
 Class 47. 
 
 Candles, illuminating 
 oils, matches, and 
 common soap. 
 
 Class 48. 
 
 Perfumery (including 
 perfumed soap). 
 
 Class 49. 
 Toys. 
 
 Games of all kinds. 
 Archery. 
 Fishing tackle. 
 
 Class 50. 
 
 Miscellaneous, in- 
 cluding 
 
 (1.) Goods manu- 
 factured from 
 ivory, bone, wood, 
 not included in 
 other classes. 
 (2.) Goods manu- 
 factured from 
 straw or grass, 
 not included in 
 other classes. 
 
 133 
 
 Rules. 
 Schecl. 1.
 
 184 TEADE MAEKS. 
 
 Rules. Class 50. Continued. 
 
 Sched.1,2. /0 . ~ , 
 
 (3.) Goods manu- 
 factured from 
 animal and vege- 
 table substances, 
 not included in 
 other classes. 
 
 (4.) Tobacco pipes. 
 
 (5.) Umbrellas. 
 
 (6.) All goods not 
 included in the 
 foregoing classes. 
 
 GENERAL NOTE. 
 
 Any wares made of mixed materials (for 
 example, of both cotton and silk) shall be in- 
 cluded in such one of the classes appropriated to 
 those materials as the registrar may decide. 
 
 SECOND SCHEDULE. 
 
 FEES. 
 
 The following fees shall be payable to the. 
 registrar on or for the following occasions or 
 purposes : 
 
 1. On application to register one trade & s. d. 
 
 mark for one or more articles in- 
 cluded in one class - - 1 
 
 2. On application to register more 
 
 than one trade mark for one or 
 more articles included in one
 
 TEADE MAKKS. 135 
 
 class, for each additional trade & s. d. Bules. 
 mark after the first - - 10 
 
 3. On application to register a trade 
 
 mark in respect of goods in dif- 
 ferent classes, for every class 
 after the first to which such 
 trade mark is extended, an ad- 
 ditional fee of - - 2 
 
 4. For registration of one trade mark 100 
 
 5 . Where the sam e person is registered 
 
 at the same time for more than 
 one trade mark, for registration 
 of each additional mark after 
 the first - - 10 
 
 6. Where the same person is regis- 
 
 tered at the same time for the 
 same trade mark in respect of 
 goods in different classes, for 
 the registration of one mark in 
 each class after the first, an 
 additional fee of - 2 
 
 7. For entering notice of opposition 200 
 
 8. For registering subsequent pro- 
 prietor - - 1 
 
 9. For altering address on the 
 register - 5 
 
 10. For every entry in the register 
 
 of a rectification thereof or an 
 alteration therein, not otherwise 
 charged - - 10 
 
 11. For continuance of mark at ex- 
 piration of fourteen years - - 2
 
 136 TRADE MARKS. 
 
 Rules. 12. Additional fee where fee is paid s. d. 
 
 Sched.2,3. ,, 
 
 within three months alter ex- 
 piration of fourteen years- - 1 
 
 13. Additional fee for restoration of 
 trade mark when removed for 
 non-payment of fee - - 2 
 
 14. For certificate - -100 
 
 15. For inspecting register, for every 
 quarter of an hour - - 1 
 
 16. For office copy of documents, 
 
 2d. per folio, but never less than 010 
 
 1 7. Settling a special case by registrar 200 
 
 Note. 
 
 If a copy of a trade mark is required for any 
 purpose, such copy shall be supplied by or at 
 the expense of the applicant. 
 
 THIKD SCHEDULE. 
 
 FORM A. 
 FORM OP STATEMENT ON APPLICATION FOR KEGIS- 
 
 TRATION OP ONE TRADE MARK. 
 * Here insert T * [John Jones, of Moon Street, in the city of 
 
 name, ad- L 
 
 dress, and Birmingham, pharmaceutical chemist,] apply to 
 
 theappli- \,Q registered as proprietor of a trade markt 
 
 tHere insert [being a goafs head and neck with a gold collar 
 
 description attached thereto], and which is represented in the 
 
 ^k. de paper annexed hereto.
 
 day of 
 
 be omitted if 
 the trade 
 mark was 
 not used be- 
 
 187 . fore the J 3 tn 
 of August 
 
 (Signed) 
 
 John Jones.H * 
 
 ||Here insert 
 date. 
 
 1 Here 
 insert 
 
 
 
 signature. 
 
 TKADE MARKS. 137 
 
 1 desire that the said trade mark may be regis- Rules. 
 tered in respect of the description of goods follow- 
 ing, contained in \Class /., that it is to say.i description 
 
 L , ** of the goods, 
 
 acids, including vegetable acids, alkalies, artists' and the class 
 
 7 or classes 
 
 colours, pigments, mineral dyes]. under which 
 
 the appli- 
 
 I have used the said trade mark in respect of cant desires 
 
 to have them 
 
 the said goods for [ten] years before the date of registered. 
 this statement. 
 
 The 
 
 FORM B. 
 
 FORM OF STATEMENT ON APPLICATION FOR EEGIS- 
 TRATION OF MORE THAN ONE TRADE MARK. 
 
 I,* [ John Jones, of Moon Street, in the city of * Hre insert 
 
 n > i T i name, ad- 
 
 Birmmgham, pharmaceutical chemist, J apply to dress, and 
 be registered as proprietor of the following trade applicant 
 marks, numbered from " 1" to 
 
 The trade marks are described as follows ; that 
 is to say, 
 
 No. 1 ist t Here insert 
 
 in writing 
 
 and is represented on paper 1 annexed hereto. description 
 
 No. 2 is+ mark. 
 
 and is represented on paper 2 annexed hereto 
 [and so forth]. 
 
 I desire that the said trade marks may be 
 registered in respect of the descriptions of goods 
 following ; that is to say,
 
 138 TRADE MARKS. 
 
 Eules. As to No. 1. in respect of the following goods 
 
 Sched. 3. . . , . , 
 
 contained in class 
 
 JHere insert 
 
 description As to No. 2, in respect of the following goods 
 
 of the goods . . ' r * V~i 
 
 and the class contained in class I and so forth . 
 
 or classes 
 
 under which 
 
 the applicant 
 
 desires to 
 
 have them , , , r 
 
 registered. 1 have used the trade marks numbered \re- 
 ISphray" spectively] and in respect of the goods 
 
 ^hTirade for which I desire them to be registered for 
 noTuteTbe- y ears before the date of this statement. 
 
 fore the i3th 
 of August 
 
 I87S - ||The day of 187 . 
 
 II Here insert 
 
 date. (Signed) John Jones,T\ 
 
 IT Here 
 
 insert 
 
 signature. ^ _____ 
 
 FORM C. 
 
 FORM OP DECLARATION TO ACCOMPANY STATEMENT 
 ON APPLICATION FOR EEGISTRATION 
 
 OF ONE TRADE MARK. 
 I A.B. of 
 
 do hereby solemnly and sincerely declare, to the 
 best of my knowledge and belief, as follows : 
 (1.) The statement signed by me and dated the 
 day of , and marked with 
 
 the letter " A," and shown to me at the 
 time of making this declaration is true : 
 (2.) The description of the trade mark in such 
 statement is a true description of the 
 trade mark for the registration of which 
 I apply :
 
 TRADE MARKS. 189 
 
 (3.) I am lawfully entitled to the use of theBules. 
 trade mark of which the said description c e ' ' 
 is a true description. 
 Signed A.B. 
 
 Declared "before me 
 
 NOTE. The above Form will require to be 
 altered so as to suit an application for the regis- 
 tration of more than one trade mark. 
 
 FORM D. 
 FORM OF ASSIGNMENT OF TRADE MARK. 
 
 Trarlp mark rlass * *Here enter 
 
 j.raae marK, ciass number or 
 
 fa- m other means 
 
 of identify. 
 
 Place of business mfrkin 6 
 
 register. 
 
 It A.B. of in the county of t Alter as 
 
 . . , . . T necessary if 
 
 being registered proprietor of the trade there be 
 mark above particularly described, in consideration one P ro- 
 
 i i j -i TT TT prietor. 
 
 of pounds paid to me by E.F., carrying 
 
 on business at in the county of 
 
 under the firm of F. fy Co., hereby assign the said 
 trade mark to the said E.F., together with the 
 goodwill of the business concerned in the goods 
 with respect to which the trade mark is registered. 
 In witness whereof I have hereunto subscribed 
 my name and affixed my seal, this day 
 
 of 18 . 
 
 (Signed) 
 Executed by the above-named A.B., 
 
 in the presence of 
 
 [insert description and place of residence] 
 Executed by the above-named E.F. t 
 in the presence of
 
 140 TRADE MARKS. 
 
 Rules. 
 Sched. 3. 
 
 FORM E. 
 
 DECLARATION BY TRANSMITTEE APPLYING TO BE 
 REGISTERED AS PROPRIETOR. 
 
 *Here enter Trade mark, class , ISTo. 
 
 number or 
 
 other means -^ 
 
 of identify- jName of owner 
 
 ing trade 
 
 mark in 
 
 register. Finn 
 
 Place of business 
 
 ,. , 
 
 accordingly, 
 if more than 
 one person 
 makes the 
 declaration. 
 
 tAlte , r . , (1.) I, t the undersigned A.B. of in the 
 
 accordinl \ / ' 
 
 county of , J carrying on business 
 
 to circum- a ^ fa Q coun ty of 
 
 stances. ' 
 
 declare as follows : 
 
 I declare that A.B., the registered proprietor 
 of the trade mark above described | [died 
 at in the county of , 
 
 having first made his will, dated the 
 day of whereby he appointed me 
 
 executor and I proved [or confirmed] his 
 said will on the day of , 
 
 in the Court of ], or [died at 
 
 in the county of on the 
 
 day of , intestate, and letters of 
 
 administration of his estate and effects 
 [confirmation as executor of the said
 
 TRADE MARKS. 141 
 
 was] on the day of duly Bules. 
 
 , ,, n e -, Sched. 3. 
 
 granted to me by the Court of J : 
 
 Or, 
 
 I declare, that [the estate of] C.D., the 
 registered proprietor of the trade mark 
 above described, was, on the 
 day of duly [adjudged a bank- l^ [ng to 
 
 rupt] [sequestrated], and that I was on the ^"" 
 
 day of appointed trustee 
 
 of the [sequestrated] estate of the said 
 C.D., and I am by law entitled to be 
 registered as proprietor of the said trade 
 mark in place of the said C.D. ; 
 
 Or, 
 
 I declare, that on the day of 
 
 I inter-married with, and am now the 
 
 husband of C.D., the registered proprietor 
 
 of the trade mark above described ; and 
 
 * I declare that on such marriage the *^Tdiag to 
 
 interest of the said C.D. in the said trade circum - 
 
 stances. 
 
 mark and in the goodwill of the business 
 concerned in the goods with respect to 
 which the trade mark is registered became 
 by law vested in me, and that I am 
 entitled to be registered as owner of the 
 said trade murk in place of the said C.D., 
 and I declare that C.D. is the person 
 referred to in the annexed certificate. 
 (2.) I am lawfully entitled to the goodwill t J jj J 6 ' 
 of the business concerned in the goods with entitled nl y 
 
 to some share
 
 142 TRADE MARKS. 
 
 Bules. respect to which the trade mark so transmitted 
 Beted. 8. , . . , -, 
 
 to me is registered. 
 
 in the good 
 
 will, the And I make this solemn declaration believing 
 
 share must 
 
 be specified, the same to be true. 
 
 (Signed) 
 
 Dated at the 
 
 day of 18 
 
 Made and subscribed by the above-named 
 A. JB. in the presence of me, 
 
 (Signed) 
 
 Name of registrar [or justice of 
 the peace acting in and for 
 or, &c.]
 
 INDEX. 
 
 NOTE. The following abbreviations have been employed : T. M. 
 and t. m., for trade mark ; M. M. A., for Merchandise 
 Marks Act, 1862 ; and T. M. E. A., for Trade Marks Regis- 
 tration Act, 1875. 
 
 ABANDONMENT, 
 
 Loss of right by, 15. 
 Test of, 16. 
 
 ACCOUNT, 
 
 Agent, defendant treated as plaintiff's, for purposes of, 29. 
 
 Common law action of, 29 note (6). 
 
 Equity, how far peculiar to, 29. 
 
 Innocent infringer, against, 30. 
 
 Laches of plaintiff upon, effect of, 29. 
 
 Limitation of, as to time, 29, 31. 
 
 as to profits properly attributable to use of t. m., 
 
 31. 
 
 Misconduct of plaintiff upon right to, effect of, 29. 
 Several owners, can be obtained by, 29. 
 Waiver of, when usual, 30. 
 
 ACQUIESCENCE, . 
 
 Loss of right by, &c., 15. 
 
 Injunction obtained, in cases where, 15. 
 
 ACQUISITION OF" T. M., 5. 
 Dealing with t. m. after, 13. 
 
 ACTION, 
 
 Account at common law, of, 29. 
 
 Common law, fraud essential in, 26. 
 
 Court, to which division of, to be assigned, 25. 
 
 Forgery of t. m., by person aggrieved by, 67, 68. 
 
 Penalties, for recovery of, 60 64. 
 
 T. M. K. A., effect of upon, 7276. 
 
 Trial of right, when considered as brought for, 2, 26.
 
 144 INDEX. 
 
 ADDITIONS TO T. M. 
 
 When to be deemed forgery, 51. 
 ADDRESS, 
 
 Alteration of, 112. 
 
 Service at registered address to be good, 120. 
 
 Statement of, on application for registry, 41, 97. 
 
 ADVANTAGES OF REGISTERING, 35. 
 ADVERTISEMENT, 
 
 Injunction against copying, effect of T. M. R. A. upon, 73. 
 ADVERTISEMENT UNDER T. M. R. A., 
 
 Of alteration of register, 112. 
 application for registry, 100. 
 
 Date of user, to be distinguished in, 76. 
 
 T. m., of, when means to be furnished for, 76. 
 
 Rectification of register, of, 112. 
 ALIENS, 
 
 Rights same as British subjects, 1. 
 
 Included in definition of person in M. M. A., 43. 
 ALTERATION OF REGISTER, 111, 112. See RECTIFICATION 
 
 Address of proprietor, as to, 112. 
 
 Advertisement of, 112. 
 
 Non-essential parts of t. m., as to, 111. 
 
 Opposition to, 112. 
 
 APPLICATION FOR REGISTRY, 
 
 Acknowledgment of, by registrar, 100. 
 
 Addressed, how to be, 96. 
 
 Advertisement of, 100. 
 
 Assignee, by. See ASSIGNEE. 
 
 Company, by, 99. 
 
 Corporation, by, 99. 
 
 Date of, to be date of Registry, 104. 
 
 Declaration on, 99. 
 
 Documents be sent in on, 96. 
 
 Grounds of, when to be stated, 101. 
 
 One for registration of different t. m.s or in different classes, 
 
 96. 
 
 Opposition to. See OPPOSITION. 
 Partnership by, 39. 
 Proceedings on, by first proprietor, 39 42, 96-101. 
 
 subsequent, 104-109. 
 
 Representation of t. m. to be furnished on, 98. 
 Statement on, contents of, 97. 
 Transmittee, by. See TRANSMITTJEB.
 
 INDEX. 145 
 
 APPLICATION TO THE COURT UNDER T. M. R. A. 
 AND RULES. See RECTIFICATION OF REGISTER. 
 
 To what Court to be made, 113. 
 
 How to be made, 113. 
 
 For removal of t. m. when no business in goods, 110. 
 
 ASSET, 
 
 t. m., right to, a partnership, 14. 
 
 ASSIGNEE OF REGISTERED T. M. 
 
 Declaration by, 105, 108. 
 
 Evidence to be produced by on application for registration, 
 
 105. 
 
 Of joint owners, 108. 
 Production of assignment by, 105. 
 
 ASSIGNMENT, 
 
 Condition of valid, 14. 
 Sheffield corporate mark, of, 87. 
 
 ASSIGNMENT OF REGISTERED T. M. 
 
 Deed, to be by, 105. 
 
 Form of, 105, 139. 
 
 Goodwill, to be in connection with, 77. 
 
 By operation of law, evidence of, 106. 
 
 Verification of, 105. 
 
 BANKRUPTCY OF REGISTERED PROPRIETOR, 106. 
 Evidence of, what to be produced by transmittee, 106. 
 
 CERTIFICATE OF REGISTRAR, 
 
 Evidence by, 83. 
 
 When given, 113. 
 
 Purpose for which given to be specified, 113. 
 
 CHANGE, 
 
 In meaning from lapse of time in trade names, &c., 14. 
 
 word " patent," 55. 
 
 CHEATING, 
 
 Common law principles as to, 2. 
 In connection with t. m., 47, 48. 
 
 CLAIM, 
 
 Duty of registrar in case of disputed, 102, 112. 
 
 H
 
 146 INDEX. 
 
 CLASSIFICATION OF GOODS, 95, 122, 
 
 Determination of doubt as to, 95. 
 COMMISSIONERS OF PATENTS, 
 
 Copyright of Designs Acts, transfer of rights and duties 
 under, to, 45. 
 
 Register to be established under superintendence of, 72. 
 
 Registrar to be subject to superintendent of, 120. 
 
 Restoration of t. m. after lapse of 14 years and 3 months by, 
 
 110. 
 COMPANY, 
 
 Application for registration by, 99. 
 COMPROMISE, 
 
 Of indictment under M. M. A., 50. 
 CONSIGNEES, 
 
 Of goods improperly marked, 54. 
 CONSTRUCTION OF RULES, 120. 
 CONTINUANCE 
 
 T. M. on register, of, 109, 110. 
 CONTRACT 
 
 implied by selling with t. m. on article sold, 64. 
 CONVICTION UNDER M. M. A., 
 
 Effect on civil rights and remedies, 58. 
 COPYRIGHT, false indication of existing, 55. 
 COPYRIGHT OF DESIGNS, 
 
 Marks of, when included in definition of t. m., 44. 
 
 Statutes in force as to, 45. 
 
 Commissioners of patents, powers and duties of, as to, 45. 
 CORPORATION, 
 
 Application for registry by, 99. 
 COSTS, 
 
 Discretion of Court, in, 34. 
 
 Conduct of parties bearing upon, 34. 
 
 Fraudulent trade when both parties engaged in, 35. 
 
 Penalty, in action for, plaintiff's, 63, defendant's, 69. 
 
 Security for 
 
 when defendant may require, 69. 
 when registrar may require in cases of opposition, 
 101, 112. 
 
 COUNTERFEITING T. M. See FOBGEBY OF T. M. 
 What to be deemed, 51.
 
 INDEX. 147 
 
 COURT, 
 
 Application to, under T. M. R. A., 118. 
 
 Discretion of, a to costs, 34. 
 Definition of, in M. M. A., 44. 
 
 inT. M. R. A., 88, 113. 
 
 Jurisdiction of, as to rectification of register, 79. 
 Power of, under M. M. A. to destroy chattels, &c., 46, 49. 
 66. 
 
 to grant and enforce injunction, 66. 
 
 to make order for inspection of manufactory, &c., 
 
 67. 
 Submission of conflicting claims to, 113. 
 
 CRIMINAL PROCEEDINGS. See generally, M. M. A., 43. 
 Cheating at common law, for, 2, 47, 48. 
 Compromise of, 50. 
 
 Concurrent with civil remedy, when, 58. 
 T. M. R. A., does not affect, 74, 89. 
 
 CUTLERS' COMPANY, 
 
 Acts, list of, 87. 
 
 Application of T. M. R. A. to, 86. 
 
 Application to company or registrar in respect of marks to 
 goods specified in Cutlers' Company Act, 1860, proceed- 
 ings upon, 84, 85, 114116. 
 
 Assignment of mark by, when to be refused, 86. 
 
 Owners of marks assigned by, registration of, 86. 
 
 M. M. A. effect of, upon rights and privileges of, 70. 
 
 Registration of t. m., like mark assigned by, when to be 
 refused, 85. 
 
 T. M. R. A. effect of, upon rights and privileges, 86, 87. 
 
 DAMAGES, 
 
 Assessment, principles of, 27. 
 
 Classes of substantial, direct, by loss of sale of particular 
 
 goods, 2, 25 ; indirect, in reputation by inferiority of 
 
 spurious goods, 2, 26. 
 Nominal, 2, 26. 
 
 Equitable jurisdiction under 21 & 22 Vic. c. 27... 27. 
 Onus of proof of, 27. 
 
 Patent cases, distinction between t. m. and, as to, 29. 
 Recovery of, by persons aggrieved by forgery of t. m., 68. 
 
 DEATH OF REGISTERED PROPRIETOR, 
 
 Evidence of, what to be produced by transmittee, 106. 
 Title on, who recognised as having, 106, 108. 
 DEBT, 
 
 Action of, for recovery of penalties, 61. 
 
 H 2
 
 148 INDEX. 
 
 DECLARATION, 
 
 Applicant for registry in first instance, by, 96, 99. 
 
 Assignee, by, 105, 108. 
 
 Company, on behalf of, 99. 
 
 Dispensed with, in what cases, 117. 
 
 Forms of, 138, 140. 
 
 Incapable persons, on behalf of, 119. 
 
 Infants, on behalf of, ibid. 
 
 Lunatics, on behalf of, ibid. 
 
 Proof of, by seal of officer, 118. 
 
 Taken, before whom to be, 117- 
 
 Transmittee, by, 105, 108. 
 
 DEFENCE, 
 
 Usual points of, 33. 
 DEFINITION, 
 
 In M. M. A. of court, 44. 
 mark, 44. 
 misdemeanor, 44. 
 person, 43. 
 trade mark, 44. 
 In T. M. R. A. of court, 88, 113. 
 
 official paper, 100. 
 
 t. m. for purposes of act, 87, 90. 
 
 DELAY, 
 
 Defence of, 33. 
 
 Evidence, for the purpose of collecting, 33. 
 
 Injunction, right to, when not affected by, 33. 
 
 DESCRIPTION, 
 
 t. m. of in indictments, &c., under M. M. A., 57. 
 Warranty of, as to number, &c., of articles, 65. 
 
 DESIGNS REGISTERED, 
 
 Acts in force relating to, 45. 
 
 Marks, &c. of, when included in definition of t. m., 44. 
 
 DESTRUCTION OF ARTICLES, &c., FORFEITED 
 UNDER M. M. A. 46, 50. 
 
 DIRECTIONS FOR OBTAINING REGISTRATION, 39. 
 
 DISABILITY, DECLARATION ON BEHALF OF 
 PERSONS UNDER, 119. 
 
 DISCOVERY, ENFORCED, 
 
 Effect of, on criminal proceedings, 58. 
 Disparagement of property, no injunction for, 3.
 
 INDEX. 149 
 
 ENTRY IN REGISTER, 
 
 Certificate of registrar as to, 113. 
 Copies of, how obtained, 112. 
 Rectification of register, of, 111. 
 iiegistration of .first proprietor, of, 104. 
 
 EVIDENCE. See APPLICATION FOB REGISTRY, ASSIGNEE, 
 TRANSMITTEE, &c. 
 
 Admissible, what in criminal proceedings not to be, 58. 
 Certificate of registrar, by, 83. 
 Collection of, delay for the purpose of, 33. 
 Dispensing with, when registrar has power of, 117. 
 Exemption from giving, what not to be ground of, 58. 
 Refusal to give, general maxim as to, 59. 
 Registration, how far evidence of title, 77, 78. 
 
 EX TURPI CAUSA NON ORITUR ACTIO, 7, 82. 
 
 EXCLUSIVE USE, 
 
 Registration when evidence of title to, 77, 78. 
 Meaning of phrase, 78, 108. 
 
 FALSE PRETENCES, OBTAINING MONEY UNDER, 
 
 Principles, general, as to, 2. 
 
 In connection with t. m., 47, 48. 
 
 FEES, 95, 134. 
 
 Account of, specimen of, 97. 
 
 Payment, &c., of, on application, 96. 
 
 Treasury, assent of, to be obtained for rules as to, 82. 
 
 FIGURE, MEANING OF WORD, IN T. M. R. A., 89. 
 
 FORFEITURE UNDER M. M. A., 
 
 Cases, wrappers, &c., improperly marked, of, 49. 
 
 Chattels improperly marked, of, 46. 
 
 Chattels to which improper mark has been made to apply, 
 
 49. 
 
 Court, power of, to deal with forfeited articles, 46, 50. 
 Instruments for making marks, of, 46, 49. 
 
 FORGERY OF T. M., 
 
 Additions, &c., to t. m., when to be deemed, 51. 
 Misdemeanor, in what cases a, 45, 48. 
 Forgery at common law does not include, 47. 
 
 H 3
 
 150 INDEX. 
 
 FORMS, 
 
 Assignment of t. m., 139. 
 
 Declaration on application for registry, 138. 
 
 Declaration by transmittee, 140. 
 
 Statement on application for registration of one t. m., 136. 
 
 of more than one t. m., 137. 
 What to be used, 120. 
 
 FRAUD, 
 
 Defence, that plaintiff has been guilty of, 7. 
 
 Intent to defraud, how alleged and proved under M. M. A., 59. 
 
 GOODWILL, 
 
 Assignment of, 105. 
 
 Connection of right to t. m. with, 13, 77, 105. 
 Determinable with, right to registered t. m., 76. 
 Determination of, no test as to, 77. 
 
 HALL MARK, 
 
 Cheating by false representations as to, 48. 
 
 HIS, 
 
 Meaning of word as used in t. m. cases, 3. 
 
 HOPS, 
 
 Statutes as to marking, 65. 
 IGNORANCE OF PERSON INFRINGING, 
 
 Defence not valid, 11, why, 13. 
 
 Remedy over, in what cases a ground for, 13. Note (a). 
 
 IMITATION OF T. M. See SIMILARITY. 
 
 Forgery, when to be deemed, 51. 
 INDICATION, 
 
 Existing patent or privilege of, 54, 56. 
 
 False, as to number, quantity, &c., of goods, as to place and 
 mode of manufacture, &c., 54, 57. 
 
 Penalty for false, 54, 56. 
 
 Warranty by vendor of articles marked with, 65. 
 
 INDICTMENT UNDER M. M. A. 
 
 Description of t. m. in, 59. 
 
 Intent to defraud, how alleged and proved in, ib. 
 
 INFANT, 
 
 Declaration, &c., on behalf of, 119.
 
 INDEX. 151 
 
 INFORMATION AS TO PEESON FROM WHOM 
 ARTICLES IMPROPERLY MARKED WERE OB- 
 TAINED, 
 
 Demand of, to be in writing, &c., 53. 
 
 Liability to give, to whom attached, ib. 
 
 Order for, how obtained and enforced, ib. 
 
 Particulars, what must be given, ib. 
 
 Refusal of, to what extent and of what evidence, ib. 
 
 INFRINGEMENT, 
 
 Condition precedent to action, when a, 72 76. 
 Consists, in what it, 17. 
 Instances of, 17. 
 
 Institution of proceedings to prevent, 72. 
 Mode of, bearing upon damages, 29. 
 Name, by use of defendant's own, 
 difficulty of establishing, 21. 
 fraud, cases of, 23. 
 
 injunction, caution of Court in framing, 23. 
 Proof of, 
 
 identical, where mark used is, 18. 
 similarity, in cases of, 18. 
 
 INFRINGER, 
 
 Account. See ACCOUNT. 
 
 Ignorance no defence, 11, why, 13. 
 
 Innocent, course to be pursued by, 34, 54. 
 
 Name, cases affecting the right to use own, 21 24. 
 
 Objects of, twofold, 19. 
 
 Remedy over for innocent, 18. Note (a). 
 
 INJUNCTION, 
 
 Acquiescence, 10. 
 
 Equity, formerly appropriate to, 26. 
 
 Forms, 27. 
 
 Granting, caution exercised by Court in, 23, 24. 
 
 Instances of, 10. 
 
 Legal right, cases in which plaintiff formerly first put to 
 
 establish, 26. 
 
 M. M. A., under, when granted, 66, 68 ; how enforced, 66 
 Registration, when a condition precedent to institution of 
 
 proceedings for, 72, 76. 
 
 INSPECTION OF, 
 
 Defendant's manufactory, &c., 67. 
 Register, 112. 
 
 INSTITUTION OF PROCEEDINGS, 
 
 Registration when a condition precedent to, 72 76.
 
 152 INDEX. 
 
 INSTRUMENTS FOR MARKING, &c. 
 
 Forfeiture of, 46, 49. 
 Inspection of. 67. 
 
 INTENT 
 
 To defraud, how to be alleged and proved in proceedings 
 under M. M. A., 59. 
 
 INTRODUCTION, 
 
 Object and plan of, 1. 
 
 ISSUE, 
 
 When directed on application for rectification of register, 80. 
 LAW OF T. M.'S, 
 
 Alteration by Act of 1875, as to public user, 7. 
 
 as to abandonment, 16. 
 
 Principle as to representations, does not depend solely 
 upon, 11. 
 
 LIBEL, 
 
 Gives no right to injunction, 3. 
 LIMITATION, 
 
 Of actions, prosecutions, &c., under M. M. A, 64. 
 LUNATICS, 
 
 Declarations, &c., on behalf, 119. 
 MANUFACTURE, 
 
 Falsely indicating place of, 54 57. 
 Warranty of vendor as to, 65. 
 Inspection of defendants', 67. 
 MARK, 
 
 Meaning of word in M. M. A, 44. 
 
 Sheffield. See CUTLERS' Co. 
 
 MARRIAGE OF REGISTERED PROPRIETOR See 
 
 TKANSMITTEE. 
 
 Transmission of right to t. m. on, 106. 
 MAXIM, 
 
 Ex turpi causa non oritur actio, application of, 782. 
 Nemo tenetur seipsum prodere, 59. 
 
 MEASURE, 
 
 False indications of, 54 57. 
 Warranty of vendor as to, 65.
 
 INDEX. 153 
 
 MISDEMEANOR AT COMMON LAW, 
 
 Evidence, what not admissible as to, 58. 
 
 MISDEMEANOR UNDER M. M. A, 
 
 Aiding or abetting in, &c., 60. 
 
 Application of forged t. m. to article, 45. 
 
 Application of true t. m. to wrong article, ib. 
 
 Application of forged t. m. to case, wrapper, &c., of 
 
 article, 48. 
 
 Application of true t. m. to wrong wrapper, &c., ib. 
 Civil rights, how affected by provisions as to, 58. 
 Evidence, what not admissible to prove, ib. 
 Forfeiture in consequence of, 45, 48. 
 Forgery of t. m. &c., ib. 
 
 Limitation of proceedings to procure conviction for, 18. 
 Punishment of, 60. 
 Remedy in damages of person aggrieved by, 67. 
 
 MISREPRESENTATIONS, 
 
 Law as to, apart from questions of t. m., 2. 
 " Patent," by use of word, 8. 
 T. M. in, 7. 
 
 NAME, 
 
 Painting artist's, on picture not by him, not forgery at com- 
 mon law, 47. 
 
 Registration of, as t. m., 87, 89. 
 T. M., use of name as, drawbacks attending, 89. 
 
 NOTICE, 
 
 Address of, 120. 
 
 Cutlers' Co., affecting. See CUTLERS' Co. 
 Expiration of 14 years from registration as to, 109. 
 Opposition, of, to first registration, 101. 
 
 to subsequent registration or alteration, &c., 
 
 of register, 112. 
 Registration, of, 104. 
 Service of, 120. 
 
 NUMBER, 
 
 False indications as to, 54 57. 
 Warranty of vendor as to, 65.
 
 154 INDEX. 
 
 OFFENCES UNDER M. M. A. NOT DECLARED MIS- 
 DEMEANORS, 
 
 Civil rights and remedies not to be affected by provisions as 
 
 to, 58. 
 
 False indications of quantity, &c., 54 57. 
 Intent, how to be alleged and proved, 59. 
 Refusal to give information, 53. 
 Selling, &c., articles improperly marked with true or false 
 
 t. m., 50. 
 
 OFFICIAL PAPER, 
 
 Advertisement of application for registry in, 100. 
 Definition of, 100. 
 
 OPPOSITION, PROCEEDINGS FOR, 
 
 Alteration of register, as to, 112. 
 Rectification of register, as to, 112. 
 Registration of first proprietor, as to, 101. 
 Registration of subsequent proprietor, as to, 112. 
 Security for costs of, when registrar may require, 101. 
 
 ORIGINAL, 
 
 Use of word, when protected, 17. 
 OWNER. See also PBOPBIBTOE. 
 
 Joint owners, title of, 108. 
 
 Separate owners, registration of, 108. 
 
 OWNERS, SEPARATE, 
 account enforced by, 31. 
 proceedings, institution of, by, 15. 
 
 PARTICULARS OF T. M. 
 
 Essential for registration, 89. 
 
 Question as to essential, apart from registration un- 
 important, 9. 
 
 PARTNERSHIP, 
 
 T. M., right to, an asset of, 14. 
 Registration, application for, by, 39. 
 
 PATENT, 
 
 Deception caused by improper use of word, 8. 
 
 Expiration of, use of t. m. containing word patent after, 9, 55. 
 
 False indications of existing, 54 57. 
 
 PENALTY, 
 
 Accounted for, how to be, 63. 
 Amount of, how determined, 61.
 
 INDBX. 155 
 
 PENALTY continued. 
 
 Costs of action for recovery of, plaintiff's, 63, defendant's, 69. 
 
 For marking numbers, quantities, &c., of articles falsely, 54. 
 
 For refusing information as to source whence goods im- 
 properly marked were obtained, 52. 
 
 For selling articles with false or forged trade marks, 50 . 
 
 Intent to defraud in action for recovery of, under M. M. A. 
 how to be alleged and proved, 59. 
 
 Judgment for, how enforced, 63. 
 
 Recovery of, by action, 60. 
 
 by summary proceedings, 61, 62. 
 
 Security when required from person suing for recovery of, 69. 
 
 To whom to be paid, 63. 
 
 PERSON, 
 
 Meaning of word in M. M. A., 43. 
 
 PLEADING UNDER M. M. A. 
 
 Allegation of intent to defraud in, 59. 
 
 Description of t. m. in, 5. 
 PREVENTION OF INFRINGEMENT, 
 
 Meaning of phrase, 74. 
 PRINCIPLE, 
 
 General principle upon which trade mark law is founded, 1. 
 PRIVILEGE, 
 
 False indication of existing, 55. 
 
 PRODUCTION, PLACE OF 
 
 Falsely indicating, 54 56. 
 Warranty of vendor as to, 65. 
 
 PROFITS, 
 
 Account of, See ACCOUNT. 
 Measure of damages, not trustworthy as, 28. 
 PROPERTY, 
 
 Trade mark, sense of word applied to, 12. 
 
 PROPRIETOR, See also ASSIGNEE, TRANSMITTEE. 
 
 Address of, to be entered on register, 104. 
 
 Alteration of address of, 112. 
 
 Joint proprietors, 108, 109. 
 
 Separate proprietors, 15, 31, 108. 
 
 Title acquired upon registration of first, 77, offanbeequent, 79. 
 PUBLIC USER, EXCLUSIVE, 
 
 Acquisition of t. m., condition of valid, 5. 
 
 Intention of, insufficient, 7. 
 
 T. M. R. A. effect of, as to, 76.
 
 156 INDEX. 
 
 PURCHASER, 
 
 Contract by vendor of goods with, s to marks, 64, descrip- 
 tion, 65. 
 Forgery of t. m., when aggrieved by, remedy of, 67. 
 
 QUANTITY, 
 
 Marking false indications of, 54 56. 
 Warranty as to, 65. 
 
 RECTIFICATION OF REGISTER, 
 
 Advertisement of, 112. 
 
 Application for, when, and by whom to be made, 79. 
 
 Entry of. 111. 
 
 Notice of order for, to be given to registrar, 80. 
 REGISTER, 
 
 Alteration. See ALTERATION OF REGISTER. 
 
 Continuance oft. m. on, 109, 110. 
 
 Copies of entries in, how obtained, 113. 
 
 Entries to be made in, on registration, 104. 
 
 Establishment of, 72. 
 
 Inspection of, 112. 
 
 Rectification of register. See RECTIFICATION OF REGISTER. 
 
 Removal of t. m. from, after 14 years, 109, 110. 
 
 Trusts, notice of, not to be entered on, 104. 
 
 REGISTRAR, 
 
 Acknowledgment of application by, 1 00. 
 Determination of doubt as to class by, 95. 
 Duty of, where claim disputed, 102. 
 Notices to be given by. See NOTICE. 
 
 Power of, as to submission of conflicting claims to court, 
 80, 102, 113. 
 
 to continue t. m. on register notwithstanding 
 
 expiration of 14 years, 110. 
 Settlement of special case by, 114. 
 Subject to Commissioners of Patents, 119. 
 
 REGISTRATION, REGISTRY 
 Advantages of, 35. 
 
 Application for. See APPLICATION FOB REGISTRATION. 
 Assignee, of. See ASSIGNEE. 
 Classes, to be in particular class or, 76. 
 Condition precedent to institution of proceedings, how far, 
 
 7276. 
 Date of, 104. 
 
 Different t. m's., of, or of t. m. in different classes, 96. 
 Directions for obtaining, 39. 
 Duration of valid, 109, 110. 
 Evidence of title, how far, 77.
 
 INDEX. 157 
 
 REGISTRATION, REGISTRY continued. 
 
 Exclusive use, right to, upon, 77. 
 
 Goods, as to particular, 76. 
 
 Goods specified in Cutler's Company's Act, 1860, applicable 
 
 to, 85. 
 Identical or similar with others, when prohibited as to t. in., 
 
 103. 
 
 Inconsistent, cases of, 78. 
 Notice of, to be sent to applicant, 104. 
 Office for, establishment of, 82. 
 Opposition to, 101. 
 Public user, when equivalent to, 76. 
 Rectification of. See RECTIFICATION OF REGISTER. 
 Restrictions on. See RESTRICTIONS ON REGISTRATION. 
 Subsequent proprietors, of. See ASSIGNEE, TRANSMITTEE. 
 Separate owners, of, 108. 
 Sheffield corporate marks, by owners of, 86. 
 Time of, 102. , 
 
 Transmittee, by. See TRANSMITTEE. 
 
 REMEDIES, 25. 
 
 See also Account, criminal proceedings, forgery of t. m., 
 damages, injunction, specific relief, &c. 
 
 REMEDY OVER OF INNOCENT INFRINGER, 18, note (a). 
 
 REMOVAL OF T. M. FROM REGISTER, 
 
 After 14 years, 109, 110. 
 
 Effect of, during first five years, 110. 
 
 When no business in goods, 110. 
 
 REPRESENTATION OF T. M. TO BE SENT IN ON 
 
 Alteration of t. m., 111. 
 Application for registry, 98. 
 
 REPRESENTATIONS, 
 
 Express or circumstantial affirmation by, 4. 
 Law as to, apart from questions of t. m., 2. 
 Lawfully made, in what way may be, 5. 
 
 REPRESENTATIVE, 
 
 Title of legal personal, of deceased proprietor, 106. 
 See also TRANSMITTEE. 
 
 RESTRICTIONS ON REGISTRATION, 
 General 81, 103. 
 
 Where same or similar mark has been assigned by Cutler's 
 Co., 58. 
 
 I
 
 158 INDEX. 
 
 RULES. UNDER T. M. R. A. 
 Arrangement and contents, 90. 
 Construction of, 120. 
 
 Power to Lord Chancellor to make, &c., 82. 
 When to be laid before Parliament, 83. 
 
 SCHEDULE, 
 
 1. Classes of goods, 122. 
 
 2. Fees, 134. 
 
 3. Forms, 136. 
 
 SCANDALOUS DESIGNS NOT TO BE REGISTERED, 81. 
 
 SEAL OF OFFICER TAKING DECLARATION TO 
 PROVE ITSELF, 118. 
 
 SECURITY FOR 
 
 Costs of opposition, effect of not giving, 101, 112. 
 Defendant's costs, when defendant may require, 69. 
 
 SELECTION OF T. M., 
 
 Conditions of valid ; exclusive public user, 5. 
 
 .misrepresentation t. m. not to contain, 7. 
 . Suggestions as to, 36. 
 
 SERVICE 
 
 Of notices, &c., 120. 
 
 SHEFFIELD MARKS. See CUTLERS' Co. 
 SIMILARITY, 
 
 Comparison of marks by, 19, 21. 
 
 Name of, arising from dissimilar t. m., 21. 
 
 Objects of infringer, bearing of, upon, 19. 
 
 Points of great, may be not likely to mislead, 19. 
 
 Proof of, 18. 
 
 SPECIAL CASE, 
 
 How settled, 114. 
 
 When submission to court of conflicting claims to be by, 113. 
 
 STATEMENT. See DECLARATION. 
 
 Application for registration, to be sent in on, 96, contents of,97. 
 Form of, on application for registration of one trademark,136, 
 
 of several t. m.s., 137. 
 On transmission, 106. 
 Paper, to be on what, 98. 
 Requisites of, 98. 
 Verification of, 99. 
 Warranty of, as to quantity, number, &c., of articles sold, 65.
 
 INDEX. 159 
 
 STATUTES, 
 
 48 Geo. 3, c. 134, 65. 
 54 Geo. 3, c. 123, 65. 
 59 Geo. 3, c. 7, 70. 
 5 & 6 Vic. c. 62, 117. 
 11 & 12 Vic. c. 43, 62. 
 21 & 22 Vic. c. 42, 26. 
 23 Vic. c. 43, 70. 
 
 23 Vic. c. 43, (Cutlers' Co. Act, 1860), 85, 87, 115. 
 
 24 & 25 Vic. c. 98, 47. 
 
 25 & 26 Vic. c. 42, 26. 
 29 Vic. c. 37, 65, 70. 
 
 32 & 33 Vic. .c. 62, 62, 63. 
 ' 33 & 34 Vic. c. 58, 47. 
 
 33 & 34 Vic. c. 93 (Copyright of Designs Act, 1875), 44, 45. 
 38 & 39 Vic. c. 93, 45. 
 
 SUBMISSION TO COURT OF EIGHTS OF CLAIMANTS, 
 
 How to be made, 113. 
 
 When registrar may require, 80, 102, 113. 
 
 SUBSEQUENT PROPRIETORS, 104-108. 
 
 See ASSIGNEE, TRANSMITTEE. 
 
 SUSPENSION OF CIVIL REMEDIES WHERE 
 CRIMINAL PROCEEDINGS POSSIBLE. 
 
 Misdemeanor, none in cases of, 58. 
 
 TIME, 
 
 Continuance of t. m. on register, 199, 110. 
 
 Counter statement to opposition, 101. 
 
 Notices between Cutlers' Co. and registrar. See CUTLERS' Co. 
 
 Security for costs of opposition, 101. 
 
 Registration, 102. 
 
 TITLE. See PROPBIETOB. 
 
 Short, of M. M. A., 70, of T. M. R. A., 90. 
 
 TITLE, 
 
 Acts, of, M. M. A., 70, T. M. R. A., 90. 
 
 First proprietor of, 77. 
 
 Joint proprietors, in case of, who recognised as having, 109. 
 
 Subsequent proprietor of, 79.
 
 160 INDEX. 
 
 TRANSMISSION OF REGISTERED T. M., 
 
 Bankruptcy, by, 106. 
 
 Death, by, 106. 
 
 Evidence of, 106. 
 
 Good will, to be in connexion with, 76. 
 
 Marriage, 106. . 
 
 Operation of law, 106. 
 
 Statement of, 106. 
 
 TRANSMITTEE OF REGISTERED T. M., 
 
 Application for registration by, 103. 
 Assignment by, 106. 
 Declaration by, 105, 108. 
 Evidence to be produced by, 106. 
 Title of, 106. 
 
 TRUSTS, 
 
 Not to be noticed on register, 104. 
 
 USE, 
 
 Public, when registration equivalent to, 76. 
 Exclusive, how far registered proprietor entitled to, 77-79, 
 108. 
 
 WARRANTY, 
 
 Of t. m. by person selling article marked, 64. 
 
 WEIGHT, 
 
 Marking false indications of, 54-56. 
 Warranty as to, 65. 
 
 WITNESS, 
 
 Refusal to give evidence, what no ground for, 58. 
 Privilege of, general principle as to, 59. 
 
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 Law. Being the Principles of Mercantile Law of the following 
 and other Countries viz. : England, Scotland, Ireland, British 
 India, British Colonies, Austria, Belgium, Brazil, Buenos Ayres, Den- 
 mark, France, Germany, Greece, Hans Towns, Italy, Netherlands, 
 Norway, Portugal, Prussia, Russia, Spain, Sweden, Switzerland, 
 
 * # * A U standard Law Works are kept in Stock, in law calf and other bindings.
 
 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 COMMERCIAL L AW- - Continued. 
 
 United States, Wiirtemburg. By LEONE LEVI, Esq., F.S.A., 
 F.3.S., of Lincoln's Inn, Barrister-at-Law, Professor of the Principles 
 and Practice of Commerce at King's College, London, c. Second 
 Edition. 2 vols. Royal 8vo. 1863. II. 15s. 
 
 Smith. Vide " Mercantile Law." 
 
 COMMON LAW. Cole. Vide "Oaths." 
 
 Fisher. Vide " Digests." 
 
 Orders and Rules of the High Court of Justice, 
 Common. l_aw Divisions. Published by authority, as 
 issued. 
 
 Smith's Manual of Common Law. A Manual of 
 Common Law, comprising the fundamental principles and the points 
 most usiially occurring in daily life and practice ; for the Prac- 
 titioner, Student, and General Reader. By JOSIAH W. SMITH, 
 B.C.L., Q.C., Judge of County Courts. Sixth Edition. 12mo. 
 
 1874. 14s. 
 " Admirably conceived and executed Eminently lucid aud concise . . . 
 
 . . . A pocket-book of pith aud essence of common law." Leguleian. 
 
 " Mr. Josiah Smith possesses, in an eminent degree, that kind of logical skill which exhibits 
 itself in the simple arrangement, but exhaustive division, of wide and complicated subjects, 
 and is, moreover, gifted with the rare power of accurate condensation." Solicitors' Journal. 
 
 " To more advanced students, and to the practitioner, whether barrister or attorney, we 
 
 think the Manual of Common Law ' a most useful and convenient companion 
 
 It is compiled with the scrupulous care and the ability which distinguish Mr. Smith's 
 previous works." Jurist. 
 
 '' Smith's Manuals of Common Law find Equity must be resorted to as the open sesames 
 to the learning requisite in the Final Examination of the Incorporated Law Society." From 
 DR. ROLLIT'S Lecture, p. 11. 
 
 COMMONS AND INCLOSURES. Cooke on Inelosur^s. 
 The Acts for facilitating the Inclosure of Commons in England 
 and Wales ; with a Treatise on the Law of Rights of Commons, in 
 reference to these Acts, &c., &c. With Forms as settled by the 
 Inclosure Commissioners. By G. WINGROVE COOKE, Esq., 
 Barrister-at-Law. Fourth Edition. l'2mo. 1864. 16s. 
 
 Finlaison on Enclosure of Commons, Waste 
 Lands, &e. 8vo. 1867. Sewed. Nctt, 2s. 6d. 
 
 Woolryeh's Treatise on the Law of the Rights 
 of Common. Second Edition. 8vo. 1850. 16s. 
 
 CONSTITUTIONAL LAW.-Bowyer's Commentaries on 
 the Constitutional Law of England. By Sir 
 GEORGE BOWYER, D.C.L. Second Edition. Pvoyal 8vo. 1846. 
 
 II. 2s. 
 
 CONTRACTS. Addison on Contracts. Being a Treatise on 
 the Law of Contracts. By C. G. ADDISON, Esq., Author of 
 the "Law of Torts." Seventh Edition. By L. W. CAVE, Esq., one 
 of Her Majesty's Counsel, Recorder of Lincoln. Royal Svo. 
 
 1875. " II. 18s 
 "At present this is by far the best book upon the Law of Coutract possessed by the 
 
 Profession, and it is a thoroughly practical book." Law Times. 
 
 We cannot speak too highly of the great amount of well-arranged information which 
 is to be found in this second book. It is a magazine of lenrnins which the legal practi- 
 tioner will find of very great value." Solicitors' Journal, March 20, 1875. 
 
 ' Mr. Cave, aided by Mr. Horace Smith, has done more than sustain the reputation of 
 this treatise he has greatly added to it." Law Journal, March 27th, 1875. 
 
 " Mr. Cave's edition of Addison must prove a great acquisition to every lawyer's library. 
 To the practitioner the last book 011 the stamp laws will prove of great service. Mr. 
 Cave has not confined himself to simply noting up the cases. He has, he tells us in 
 a somewhat lengthy preface, 'ventured to make very considerable alterations in the 
 arrangement of the work.' " Law Times, April 3, 1875. 
 
 %* AU standard Law Works arekept in Stock, in law calf and other bindings.
 
 119, CHANCERY LANE, LONDON, W.C. 7 
 
 CONTRACTS. Continued. 
 
 Leaks on Contracts. The Elements of the Law of Con- 
 tracts. Second Edition. By STEPHEN MARTIN LEAKE, 
 of the Middle Temple, Barrister-at-Law. (Preparing for publication). 
 Pollock's Principles of Contract at Law and in 
 Equity ; being a Treatise on the General Principles relating to the 
 Validity of Agreements, with a special view to the comparison of 
 Law and Equity, and with references to the Indian Contract Act, 
 and occasionally to American and Foreign Law. By FREDERICK 
 POLLOCK, of Lincoln's Inn, Esq., Barrister-at-Law. 8vo. 1876. 
 
 II. 4s. 
 
 " Mr. Pollock's work ought, in our opinion, to take a high place among treatises of its 
 class. It is remarkable not only for conciseness and lucidity of exposition, and for the 
 skill with which the main stem of principle is kept always visible under the too luxuriant 
 foliage of case law, but also, and iu especial, for ihe excellence of its arrangement which, 
 so far as we are aware, is peculiar to the work be'ore us. The success in this latter 
 respect is the more meritorious because Mr. Pollock's book covers a larger field than any 
 previous treatise upon Contract. The ' fib-ion of law and equity ' so far as that fusion is 
 possible, is in his pages an accomplished fact." Pall Mall Gazette, March 3rd, 1876. 
 
 " This is a work of undoubted merit We can only regret that there is not more 
 
 of such teaching about, bearing fruit similar to the book now before us. 
 
 We do not see that this mode of dealing with Law can be improved upon the lead- 
 ing principle beiug laid down and followed by explanatory disquisition. 
 
 A prominent characteristic especially valuable at the present time is that the 
 principles of equity ;ire read in with what used to be common law principles, and we 
 have, therefore, in this one volume, the law relating to Contracts as administered by the 
 Supreme Court of Judicature under the Judicature Acts." Law Times, Feb. 12, 1876. 
 
 Smith's Law of Contracts. The Law of Contracts. 
 By the late JOHN WILLIAM SMITH, Esq., Author of " Leading 
 Cases," "A Treatise on Mercantile Law," &c. Sixth Edition. 
 By VINCENT T. THOMPSON, Esq., Barrister-at-Law. 8vo. 
 1874. 16s. 
 
 CONVEYANCING.-Greenwood's Manual of Convey- 
 ancing. A Manual of the Practice of Conveyancing, showing 
 the present Practice relating to the daily routine of Conveyancing 
 in Solicitors' Offices. To which are added Concise Common Forms 
 and Precedents in Conveyancing ; Conditions of Sale, Conveyances, 
 and all other Assurances in constant use. Fourth Edition. By 
 H. N. CAPEL, Esq., B.A., LL.B., Solicitor. 8vo. 1876. 15s. 
 
 " The information under these heads is just of that ordinary practical kind which is 
 learned from experience, and is not to be gathered from treatises. 
 
 The work is well done, and will be very useful to the class for whom it is intended. 
 
 It is an educational as well as practical compendium, and it conveys that special kind 
 of information which the student has generally the greatest difficulty in discovering Ivom 
 books. 
 
 A careful study of these pages would probably arm a diligent clerk with as much 
 useful knowledge as he might otherwise take years of desultory questioning and observing 
 to acquire. " So/iciloi i Journal. 
 
 Housman's Precedents in Conveyancing. A 
 Selection of Precedents in Conveyancing ; designed as a Hand-book 
 of Forms in frequent use, with Practical Notes, including Notes on 
 the Conveyancing Act of 1860, and the adoption of its provisions in 
 actual practice. By FRANCIS HOUSMAN, Barrister-at-Law. 
 8vo. 1861. 15*. 
 
 Prideaux's Precedents in Conveyancing. With 
 Dissertations on its Law and Practice. Eighth Edition. By 
 FREDERICK PRIDEAUX and JOHN WHITCOMBE, Esqrs., 
 Barristers-at-Law. 2 vols. Royal 8vo. (In the Press). 
 
 Smith. Vide " Real Property.' ' 
 
 *,* All standard Law Works are kept in Stock, in law calf and other bindings.
 
 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 CONVICTIONS. Paley on Summary Convictions. 
 
 Fifth Edition. By H. T. J. MACNAMAKA, Esq., Barrister-at- 
 
 Law. 8vo. 1866. 11. Is. 
 
 " Great pains have been evidently taken to render the present edition very complete. It is 
 
 enriched with several excellent notes besides the one to which we have already called 
 
 attention ; amongst these is one on the subjc ct of words usc-d in a statute being compulsory 
 
 or only directory, and another in which there is a review of decisions under the Masters' 
 
 and Servants' Act (4 Geo. 4, c. 34). This edition, of what may be considered a standard 
 
 work, incorporates all the statutes and decisions from the date of the last edition, and, as 
 
 far as we have been able to examine (and we have put it to some test), the work has been 
 
 prepared with great care and accuracy. It is a good, practical, and valuable treatise, 
 
 which we can safely recommend to the profession." The Law Journal. 
 
 "'Paley on Convictions' has enjoyed a high reputation and extensive popularity. 
 Devoted exclusively to the jurisdictic n in summary convictions, it collects and conveys to 
 the magistrate and his clerk the fullest and most accurate information as to the practice 
 to be observed iu the hearing of charges which the magistrate is empowered to dispose of 
 summarily. Ten years have elapsed since the last edition. During the interval many 
 important changes have been made in the law, and there has been a general call for a new 
 edition. No better m:m could have been fouud for such a work than Mr. Macuamara, 
 &c." Law Timei. 
 
 COPYHOLDS. Cuddon'S Copyhold Acts. A succinct Trea- 
 tise on the Copyhold Acts, the practical Working and Effect thereof, 
 and the mode of Procedure under the same for effecting Enfranchise- 
 ment. By JAMES CUDDON, Esq., Barrister-at-Law. Royal 
 8vo. 1865. 10s. 6d. 
 
 COPYRICHT.-Phillips' Law of Copyright. The Law of 
 Copyright in Works of Literature and Art, and in the Appli- 
 cation of Designs. With the Statutes relating thereto. By 
 CHARLES PALMER PHILLIPS, of Lincoln's Inn, Esq., 
 Barrister-at-Law. 8vo. 1863. 12s. 
 
 "Mr. Phillips has shown not only great diligence in collecting esses bearing upon the 
 various topics which he has treated, but considerable judgment in the manner in which he 
 has dealt with them. He has spared no pains to make Ills work reliable as a legal text 
 book, and at the same time equally useful to publishers, authors, artists, a-.d other persons 
 who are interested in works ot literature, art, or design. In a word, such a book h;is long 
 been wanted, and Mr. Phillips has given abundant proof of his ability to meet the 
 desideratum." Solicitors? Journal, Nov. 14, 1863. 
 
 " Mr. Phillips' work is at once an able law-book and a lucid treatise, in a popular form, 
 on the rights of authors and artists. The wants and interests of the legal practitioners 
 are consulted by a careful collection and discussion of all the authorities, while the non- 
 professional reader will find in the book a well-written and perfectly intelligible statement 
 of the law upon the matter of which it treats." Jurist, Jan 9, 164. 
 
 CORONERS. Jervis on the Office and Duties of 
 Coroners. With Forms and Precedents. Third Edition. By 
 C. W. LOVESY, Esq., of the Middle Temple, Barrister-at-Law. 
 12mo. 1866. 12s. 
 
 COSTS. Carew's Precedents of Bills of Costs, for 
 obtaining Grants of Probate and Letters of Administration in the 
 Principal Registry of the Court of Probate. 1869. 5s. 
 
 Morgan ana Davey's Treatise on Costs in 
 Chancery. By GEORGE OSBORNE MORGAN, M.A., 
 Barrister-at-Law, late Stowell Fellow of University College, Oxford, 
 and Eldon Scholar ; and HORACE DAVEY, M.A., Barrister-at- 
 Law, late Fellow of University College, Oxford, and Eldon Scholar. 
 With an Appendix, containing Forms and Precedents of Bills of 
 Costs. 8vo. 1865. 11. Is. 
 
 Morris' Solicitors' Fees and Court Fees, under 
 the Judicature Acts. With Copious Index. By WILLIAM 
 MORRIS, Solicitor. 12mo. 1876. 4s. 
 
 Scott's Costs in the Superior Courts of Com- 
 mon Law, and Probate and Divorce, and in Conveyancing; 
 also in Bankruptcy (Act of 1869). Proceedings in the Crown Office 
 
 %* A II standard Law Works are kept in Stock, in law calf and other bindings.
 
 119, CHANCERY LANE, LONDON, W.C. 
 
 COSTS Con linutd. 
 
 on Circuit and at Sessions, and in the County Court ; together with 
 Costs of Interlocutory Rules and Orders under the Common Law 
 Procedure Acts, 1852 and 1854, Bills of Exchange Act, 1855, &c., 
 &c., and the Railway and Canal Traffic Act, 1854. With an 
 Appendix, containing Costs under Parliamentary Elections Act, 
 1868. By JOHN SCOTT, Esq., of the Inner Temple, Barrister-at- 
 Law. Third Edition. Royal 12mo. 1868-73. 11. 4s. 
 
 ** The Supplement, containing "Bankruptcy Costs (Act of 
 1869)," may be had separately. Nett, 3s. 
 
 " Mr. Scott's work is well known to the profession. It is an extensive collection of 
 taxed bills of costs in all branches of practice, supplied to him probably by the taxing 
 masters. Such a work speaks 1'or itself. Its obvious utility is its best recommenda- 
 tion." Law Timet. 
 
 " 'Taxation of Costs.' In re Foster Vice-Chancellor Wood said that Mr. Scott's 
 book was a competent authority upon the subject." Times. 
 
 Webster's Parliamentary Costs. Private Bills, 
 Election Petitions, Appeals, House of Lords. By EDWARD 
 WEBSTER, Esq., of the Taxing Office, House of Commons, and of 
 the Examiners' Office, House of Lords and House of Commons. 
 
 Third Edition. Post 8vo. 1867. 20*. 
 
 "The object of this work is to give the scale of costs allowed to Solicitors in relation 
 to private bills before Parliament, the conduct of Election Petitions and Appeal Cansea, 
 and the allowance to Witnesses. The connection of the author with the Taxing Office 
 of the House of Commons gives authority to the work, which hus been compiled with 
 some skill, and contains a very useful Index, by which the costs allowed for attendances, 
 time, drawing, copying, and perusing, iu the several parliamentary proceedings may be 
 easily ascertained." Solicitor/ Journal. 
 
 COUNTY COURTS The Consolidated County Court 
 Orders and Rules, with Forms and Scales of 
 Costs and Fees, as issued by the Lord Chancellor and Com- 
 mittee of County Court Judges. Authorized Edition. Super-royal 
 8vo. 1875. 3*. 
 
 CRIMINAL LAW, Archbold's Pleading and Evidence 
 in Criminal Cases. With the Statutes, Precedents of 
 Indictments, &c., and the Evidence necessary to support them. By 
 JOHN- JERVIS, Esq. (late Lord Chief Justice of Her Majesty's 
 Court of Common Pleas). Eighteenth Edition, including the 
 Practice in Criminal Proceedings by Indictment. By WILLIAM. 
 BRUCE, of the Middle Temple, Esq., Barrister-at-Law, and 
 Stipendiary Magistrate for the Borough of Leeds. Royal 12mo. 
 1875. 1. Us. 6d. 
 
 Anderson's Digest of Bankruptcy and Criminal 
 Law. By C. H. ANDERSON, Esq., Barrister-at-Law, of the 
 Inner Temple. 8vo. 1867 7s. 6cZ. 
 
 Cole on Criminal Informations and Quo War- 
 ranto. By W. R. COLE, Esq., Barrister-at-Law. 12mo. 1843. 
 
 12s. 
 
 Greaves' Criminal Law Consolidation and 
 Amendment Acts of the 24 & 23 Viet. With 
 Notes, Observations, and Forms for Summary Proceedings. By 
 CHARLES SPRENGEL GREAVES, Esq., one of Her Majesty's 
 Counsel, who prepared the Bills and attended the Select Committees 
 of both Houses of Parliament to which the Bills were referred. 
 Second Edition. Post 8vo. 1862. 16s. 
 
 * * All standard Law Works are kept in Stock, in law calf and other bindings. 
 
 A 3
 
 10 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 CRIMINAL LAW .-Continued. 
 
 Roscoe's Digest of the Law of Evidence in 
 Criminal Cases. Eighth Edition. By HORACE SMITH, 
 Esq., Barrister-at-Law. Royal 12mo. 1874. ll.lls.6d. 
 
 Russell on Crimes and Misdemeanors. Intended 
 
 as a Court and Circuit Companion. Fourth Edition. By 
 
 CHARLES SPRENGEL GREAVES, Esq., one of Her Majesty's 
 
 Counsel 3 vols. Royal Svo. 1865 51. 15s. $d. 
 
 In this Kditiou of " Russell " the Editor has endeavoured to make such a statement 
 
 in each case of the facts, the decision, and the ground* of it, wherever they appear, as 
 
 may enable the reader to understand what the decision really was ; and, although this 
 
 course has necessarily much increased the size of the work, yet it renders it much more 
 
 useful, especially to all who may not be in a position to refer to the original reports of 
 
 the cases. This course is the same as was adopted in the last Edition, which was found 
 
 in practice to be so very useful whenever any question suddenly aro.se in Court, before 
 
 Magistrates, or elsewhere. 
 
 This treatise is so much morec;r>ions than any other upon all the subjects contained 
 in it, that it affords by tar the best means of acquiring a knowledge of the Criminal LHW 
 in sreueral. or of any offence in particular ; so that it will be found peculiarly useful as 
 well to those who wish to obtain a complete knowledge of that law, as to those who 
 desire to be informed on any portion of it as. occasion may require. 
 
 This work also contains a very complete treatise on the Law of Evidence in Criminal 
 Cases, and in it the manner of tailing the depositions of witnesses, and the examinations 
 of prisoners before magistrates, is fully explained. 
 
 "What better Digest of Criminal Law could we possibly hope for than 'Russell on 
 Crimes?' " Mr. Fitzjames Stephen's Speech on Codification, Dec., 1872. 
 
 Thring's Criminal Law of the Navy. The Crimi- 
 nal Law of the Navy, comprising an Introductory Sketch of 
 the Early State and Discipline of the Navy ; the Naval Discipline 
 Act of 18uO, with Notes ; Criminal Offences and their Punishment ; 
 the Constitution and Jurisdiction of Courts-Martial ; the Forms of 
 Procedure, and Law of Evidence applicable to Trials by Courts- 
 Martial, with the New Regulations of the Admiralty, and a copious 
 Index. By THEODORE THRING, of the Middle Temple, Esq., 
 Barrister-at-Law. 12mo. 1861. 8s. 6d. 
 
 DICTIONARY Wharton's Law Lexicon. A Law Lexicon, 
 or Dictionary of Jurisprudence, explaining the Technical Words and 
 Phrases employed in the several Departments of English Law ; 
 including the various Leiral Terms used in Commer ial Tnmsu'- 
 tions. Together with an Explanatory as well as Literal Translation 
 of the Latin Maxims contained in the Writings of the Ancient and 
 Modern Commentators. Sixth Edition. Enlarged and revised in 
 accordance with the Judicature Acts, by J. SHIRESS WILL, Esq., 
 of the Middle Temple, Barrister-at-Law. Super royal Svo. 1876. I 
 
 2/. 2s. j 
 
 " Xolaw library is complete without a law dictionary or law lexicon. To the practi- j 
 tioner it is always useful to Lave at hand a book where, in a small compass, he can find j 
 an explanation of terms of infrequent occurrence, or obtain a reference to statuies on | 
 
 T1.ri.it. ^11 iiii-fl* or fn Iwti.U'^ wllprAtti i .! vt ii'ii hi r ctiliiunro 11-.. t> ,i..r,.d i,l . . full lonntK T.. i-l.o 
 
 a, consequen o autors assumng a nowege on te par o ter reaers wc 
 does not exi*t. Mr. Wharton's 'Law Lexicon' can, in our opinion, be highly rucom- 
 . 
 
 . . o , r oo, gy rucom- 
 
 nde.i both to praeti'ione s and students, as contfininjr a mass of information upon 
 and legal \erni n logy, aii't upon a great, variety of subjects connected more or les 
 te w h va.s t. " 
 
 , , 
 
 ntimately with the va.stand stii. increasing field of jurisprudent*. 
 
 AH standard Law Works are kept in Stock, in law calf and other bindings.
 
 119, CHANCERY LANE, LONDON, W.C. 11 
 
 DIARY. Lawyer's Companion (The), Diary, and Lav/ 
 Directory. For the use of the Legal Profession, Public Com- 
 panies, Justices, Merchants, Estate Agents, Axictioneers, &c., &c. 
 PUBLISHED ANNUALLY. The Work is Svo. size, stronyly bound in, 
 cloth, and publislied at the following Pi-ices : 
 
 *. d. 
 \. Two days on a page, plain ....... 50 
 
 2. The above, INTERLEAVED for ATTENDANCES . . . .70 
 
 3. Two days on a page, ruled, with or without money columns 5 6 
 
 4. The above, INTERLEAVED for ATTENDANCES . . . .80 
 
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 columns .......... 8 6 
 
 8. The above, INTERLEAVED for ATTENDANCES . . .106 
 
 9. Three days on a page, ruled blue lines, without money 
 
 columns .......... 5 
 
 The Lawyer's Companion Is edited by JOHN 
 
 THOMPSON, Esq., of the Inner Temple, Barrister-at-Law ; and con- 
 
 tains a Digest of Recent Cases on Costs ; an outline of the Judicature 
 
 Acts; Alphabetical Index to the Practical Statutes; "Cases affecting 
 
 Attorneys and Solicitors," brought down to the period of publication ; 
 
 a Copious Table of Stamp Duties ; Legal Time and other Tables, a 
 
 London and Provincial Law Directory, and a variety of matters of 
 
 practical utility. The Diary is printed on paper of superior quality, 
 
 and contains memoranda of Legal Business throughout the Year. 
 
 " We observe iu this, the thirtieth annual issue, all the merits which have distinguished 
 
 its predecessors, added to some novel characteristics of real value. The Editor has been 
 
 alive to the most receut changes iu Judicial matters." Law Journal, Nov. 13, 1875. 
 
 "The ' Lawyer's Companion and Diary ' is a oook that ought to be in the possession of 
 every lawyer, and of every man of business." 
 
 " The ' Lawyer's Companion ' is, indeed, what it is c&lled, for it combines everything 
 required for reference in the lawyer's office." Law Times. 
 
 DIGESTS. Anderson. Vide "Criminal Law." 
 Bedford. Vide " Examination Guides." 
 
 Chitty'S Equity Index. Chitty's Index to all the Reported 
 Cases, and Statutes, in or relating to the Principles, Pleading, and 
 Practice of Equity and Bankruptcy, in the several Courts of Equity 
 in England and Ireland, the Privy Council, and the House of Lords, 
 from the earliest period. Third Edition. By J. MACAFLAY, 
 Esq., Barrister-at-Law. 4 vols. Royal Svo. 1853. 71. 7s. 
 
 Fisher's Digest of the Reported Cases deter- 
 mined in the House of Lords and Privy Council, and in the 
 Courts of Common Law, Divorce, Probate, Admiralty and Bank- 
 ruptcy, from Michaelmas Term, 1756, to Hilary Term, 1870 ; 
 with References to the Statutes and Rules of Court. Founded on 
 the Analytical Digest by Harrison, and adapted to the present 
 practice of the Law. By R. A. FISHER, Esq., of the Middle Temple, 
 Barrister-at-Law. Five large volumes, royal Svo. 1870. 12Z. 12s. 
 
 (Continued Annually.) 
 
 " Mr. Fisher's Digest is a wonderful work. It is a miracle of human industry." Mr. 
 Justice Wdles. 
 
 " The fact is, that we have already the best of all possible digests. I do not refer merely 
 to the works which pass under that title though, I confess, I tliink it would be very 
 difficult to improve upon Mr. Fisher's 'Common Law Digest' I reler to the iniiunici.ihle 
 text books of every branch of the law. Whjit better digest of crimni.il law could 
 
 ' 
 
 * A II standard Law Works are kept in Stock, in law calf and other bindiny*.
 
 12 STEVENS AND SOUS' LAW PUBLICATIONS. 
 
 DIGESTS. Continued. 
 
 Leake. Vide "Real Property." 
 
 Notanda Digest in Law, Equity, Bankruptcy, 
 
 Admiralty, Divorce, and Probate Cases. By 
 
 E. S. MASKELYNE, Esq., and CECIL C. M. DALE, Esq., of 
 
 Lincoln's Inn, Barristers-at-Law. The NOTANDA DIGEST, from the 
 
 commencement, October, 1862, to December, 1872. In 1 volume, 
 
 half-bound. Nett, SI. 3s. 
 
 Ditto, for 1873 and 1874, sewed. Nett, each, 12s. 6d. 
 
 Ditto, Annual Subscription, Plain Copy and Two Indexes, or Adhesive 
 
 Copy, printed on one side, for insertion in Text-Books. 
 
 Payable in advance. Nett, 15*. 
 
 %* Back Numbers to complete the above volume, may be had of 
 the publishers, at half the published price. 
 
 DIVORCE. Browne's Treatise on the Principles 
 and Practice of the Court for Divorce and 
 Matrimonial Causes: With the Statutes, Rules, Fees, 
 and Forms relating thereto. Third Edition. By GEORGE 
 BROWNE, Esq., B.A., of the Inner Temple, Barrister-at-Law. 
 8vo. 1876. II. is. 
 
 Macqueenon Divorce and Matrimonial Causes. 
 A Practical Treatise on Divorce and Matrimonial Jurisdiction, 
 under the Act of 1857, and New Orders ; including Scotch Marriages 
 and Scotch Law of Divorce, &c., &c. With numerous Precedents. 
 Second Edition, greatly enlarged. By JOHN FRASER MAC- 
 QUEEN, Esq., Barrister-at-Law, Honorary Secretary to H.M. 
 Divorce Commission, &c. 8vo. 1860. 18s. 
 
 DOMICIL. Phillimore's (Dr. R.) Law of Domicil. 8vo. 
 1847. 9s. 
 
 DUTCH LAW. Vanderlinden's Institutes of the Laws 
 of Holland. 8vo. 1828. 11.18s. 
 
 EASEMENTS. Goddard's Treatise on the Law of 
 Easements.-By JOHN LEYBOURN GODDARD, of the 
 Middle Temple, Barrister-at-Law. 8vo. 1871. 14*. 
 
 %* The Author was appointed by Her Majesty's Digest of Law 
 Commissioners to prepare a specimen Digest of the Law of Easements. 
 "Nowhere has the subject be?n treated BO exhaustively, and, we may add, so scientifi- 
 cally, as by Mr. Goddard. We recommend it to the most careful study of the law student, 
 as well as to the library of the practitioner." Late Timet, March 18, 1871. 
 
 " As a true reflection of the crses and as an admirably complete collection of authorities 
 not ourf in Bane but at Nisi P ius, the book is invaluable ; and where the cases are .silent 
 the author has taken pains to a<scertain what th law would be if brought into question." 
 Law Journal. March 10, 1871. 
 
 Woolrych. Vide "Lights." 
 
 ECCLESIASTICAL. Phillimore's (Sir R.) Ecclesiastical 
 Law. The Ecclesiastical Law of the Church of England. With 
 Supplement, containing the Statutes and Decisions to end of 1875. 
 By SIR ROBERT PHILLIMORE, D.C.L., Official Principal of 
 the Arches Court of Canterbury ; Member of Her Majesty's Most 
 Honourable Privy Council. 2 vols. 8vo. 1873-76. 31. 7s. 6d. 
 
 %* The Supplement may be had separately, price 4s. 6d., sewed. 
 Rogers' Ecclesiastical Law. A Practical Arrangement 
 of Ecclesiastical Law, including a Treatise on Prohibition, and show- 
 ing the Practiceof the Ecclesiastical Courts. Second Edition. ByF. N. 
 ROGERS, Esq., one of Her Majesty's Counsel. 8vo. 1849. 1^.16*. 
 Stephens. Vide " Church and Clergy." 
 
 ELECTIONS. Fitzgerald. Fide "Ballot." 
 
 Rogers on Elections and Registration. With an 
 %* All standard Law Works are kept in Stock, in law calf and other bindings.
 
 119, CHANCERY LANE, LONDON, W.C. 13 
 
 ELECTIONS Continued. 
 
 Appendix of Statutes and Forms. Twelfth Edition. By F. S. P. 
 WOLFERSTAN, Esq., of the Inner Temple, Barrister-at-Law 
 (Nearly ready.) 
 
 ENGLAND, LAWS OF, Bowyer. Vide " Constitutional Law." 
 Broom and. Hadley. Vide " Commentaries." 
 Syms' Code of English Law (Principles and Practice) 
 for handy reference in a Solicitor's office. By F. R. SYMS, Solicitor. 
 12mo. 1870. 16s. 
 
 EQUITY and vide CHANCERY. 
 Chitty. Vide "Digests." 
 
 Seton's Forms of Decrees, Judgments, and 
 Orders in Equity. Adapted to the Rules of Procedure 
 under the Judicature Act, with Practical and Explanatory Notes. 
 Fourtn Edition. By R. H. LEACH, Esq., Senior Registrar of the 
 Court of Chancery ; and P. G. A. WILLIAMS, of the Inner 
 Temple, Esq., Barrister-at-Law ; assisted by H. W. MAY, of 
 Lincoln's Inn, Esq., Barrister-at-Law. (In the press.) 
 Smith's Manual of Equity Jurisprudence. 
 A Manual of Equity Jurisprudence founded on- the Works of Story, 
 Spence, and other writers, and on the subsequent cases, comprising 
 the Fundamental Principles and the points of Equity usually occur- 
 ring in General Practice. By JOSIAH W. SMITH, B.C.L., Q.C., 
 Judge of County Courts. Eleventh Edition. 12mo. 1873. 12s. 6d. 
 "To sum up all in a word, for the student and the jurisconsult, the Manual is the nearest 
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 Times. 
 
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 a Lecture on a Course of Reading by A. K. KOLLIT, LL.D., Gold Medallist of the University 
 
 of London, and Prizeman of the Incorporated Law Society. 
 
 "There is no disguising the truth ; the proper mode to use this book is to learn its pages 
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 Smith's (Sidney) Principles of Equity. 8vo. 1856. 
 
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 EVIDENCE. Arehbold. Fzde " Criminal." 
 
 Norton. Vide " Indian Law." 
 
 Phillimore's Law of Evidence. The History and 
 Principles of the Law of Evidence as illustrating our Social 
 Progress. By J. G. PHILLIMORE, Esq., Q.C. 8vo. 1850. 16s. 
 
 Roscoe. Vide " Criminal" 
 
 Roscoe. Vide "Nisi Prius." 
 EXAMINATION GUIDES Anderson. Fide "Criminal." 
 
 Bedford's Guide to the Preliminary Examina^ 
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 14 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 EXAMINATION GUIDES .-Continued. 
 
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 EXECUTORS. Williams' Law of Executors and Ad- 
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 3Z. 16s. 
 
 FACTORY ACTS. Notcutt's Factory and Workshop 
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 decided cases, by GEORGE JARVIS NOTCUTT, Esq., of the 
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 FARM, LAW OF. Cooke. Vide "Agricultural Law." 
 
 Dixon's Law of the Farm A Treatise on the Law of 
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 FIXTURES. -Amos and Ferard on Fixtures. Second 
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 119, CHANCERY LANE, LONDON, W.C. 15 
 
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 INCLOSURES. Vide "Commons." 
 
 INDIAN LAW. Montriou ; the Hindu Will of Bengal. 
 
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 Forsyth's Law relating to the Custody of 
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 INSURANCE. Arnould on the Law of Marine Insu- 
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 Barrister-at-Law. 2 vols. Royal 8vo. 1872. 21 12s. 6d. 
 
 Hopkins' Manual of Marine Insurance. 8vo. 
 1867. 18s. 
 
 Lowndes.-- Vide "Average." 
 
 INTERNATIONAL LAW Amos' Lectures on Inter- 
 national Law. Delivered in the Middle Temple Hall to the 
 Students of the Inns of Court, by SHELDON AMOS, M.A., of 
 the Inner Temple, Barrister-at-Law ; Professor of Jurisprudence 
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 Jurisprudence in University College, London. Royal 8vo. 1874. 
 
 10s. 6d. 
 
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 "Dr. Abdy has done all Law Students a great service in presenting that portion of 
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 " Altogether Dr. Abdy has performed his task in a manner worthy of his reputation. 
 His book will be useful not only to Lawyers and Law Students, for whom it was primarily 
 intended, but also for laymen. It is well worth the study of every member of an enlightened 
 aud ciTilized community." Solicitors' Journal, March 15th, 186T. 
 
 Levi's International Commercial Law. Being the 
 Principles of Mercantile Law of the following and other Countries 
 viz. : England, Ireland, Scotland, British India, British Colonies, 
 Austria, Belgium, Brazil, Buenos Ayres, Denmark, France, Germany, 
 Greece, Hans Towns, Italy, Netherlands, Norway, Portugal, Prussia, 
 Russia, Spain, Sweden, Switzerland, United States, Wiirtemberg. 
 By LEONE LEVI, Esq. , F. S. A. , F. S. S. , of Lincoln's Inn, Barrister- 
 at-Law, Professor of the Principles and Practice of Commerce at 
 King's College, London, &c. Second Edition. 2 vols. Royal 8vo. 
 1863. I*. 15s. 
 
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 16 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 INTERNATIONAL LAW .-Continued. 
 
 Prize Kssays on International Law By A. P. 
 SPRAGUE, Esq., Counsellor of Law in the United States, and 
 M. PAUL LACOMBE, Advocate in France. With an Introduc- 
 tion by His Excellency DON ARTURO DE MARCOARTU, 
 Ex-Deputy to the Cortes. Royal 8vo. 1876. 7s. 6d. 
 
 Vattel's Law of Nations. A New Edition. By 
 JOSEPH CHITTY, Esq. Eoyal 8vo. 1834. 11. Is. 
 
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 national Law, in Time of Peace and Time of War. By RICHARD 
 WILDMAN, Barrister-at-Law. 2 vols. 8vo. 1849-50. II. 2s. Qd. 
 
 JOINT STOCKS. Jordan's Joint Stock Companies. A 
 Handy Book of Practical Instructions for the Formation and 
 Management of Joint Stock Companies. Fifth Edition. 12mo. 
 1875. Nett, 2s. 6d. 
 
 Thring's (SirH.) Joint Stock Companies' Law\ 
 The Law and Practice of Joint Stock and other Public Companies, in- 
 cluding the Statutes, with Notes, and the Forms required in Making, 
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 containing the Companies' Act, 1867, and Notes of Recent Decisions. 
 By SIR HENRY THRING, K.C.B., The Parliamentary Counsel. 
 Third Edition. By GERALD A. R. FITZGERALD, Esq., of 
 Lincoln's Inn, Barrister-at-Law, and Fellow of St. John's College, 
 Oxford. 12mo. 1875. 11. 
 
 "The index has been BO framed as to constitute a sort of digest of many of the heads 
 
 of law therein referred to. Mr. FitzGerald has done his work with great precision and 
 
 thoroughness." Pall Matt Gazette, August 17th, 1875. 
 
 JUDGMENTS. Pask's Judgments, Executions, and 
 Crown Debts. The Judgments Law Amendment Acts 
 relating to Real Property, 22 & 23 Viet., c. 35, and 23 & 24 Viet., 
 c. 38, 23 & 24 Viet. c. 115, and 27 & 28 Viet. c. 112. With Notes, 
 References to Cases, and Index : forming an Appendix to " The 
 Practice of Registering," &c. By JAMES PASK, Chief Clerk to 
 the Registrar to the Court of Common Pleas, Westminster. Third 
 Edition. 12mo. 1866. Sewed. Nett, 2s. 
 
 JUDICATURE ACTS. Clowes' Compendious Index to 
 the Supreme Court of Judicature Acts, and to 
 the Orders and Rules issued thereunder. By W. CLOWES, Esq., 
 one of the Registrars of the Court of Chancery. Second Edition, 
 revised and enlarged. (Uniform in size with the Queen's Printer's 
 Edition of the Acts and links.) 1875. Half bound. 10s. Qd. 
 
 %* THE ABOVE, with the Acts and Rules (Authorized Edition), Orders in 
 
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 VOLUME, bound in limp leather. 11. 5s. 
 
 THE SAME, Interleaved, in one VoL, bound in limp leather. 11. 10s. 
 
 Lely and Foulkes' Judicature Acts, 1873 and 
 
 1875 : containing the Statutes, Rules of Court, and Orders in 
 Council, with Notes, forming a PRACTICE OF THE SUPREME COURT. 
 By J. M. LELY and W. D. I. FOULKES, Esqrs., Barristers -at- 
 Law. Royal 12mo. 1875. 14s. 
 
 (Sound in limp leather, 18s. 6d, or the same, interleaved, 21s.) 
 "We think that in every way the work deserves high commendation. The typography 
 
 and general get-up of the book is excellent a book which is highly creditable to all 
 
 concerned." Law Times, Oct. 9, 1875. 
 
 '' We have here the first of the more ambitious works on the new system, and we ase 
 
 glad that there is much in its design and execution of which we can approve." Solicitor? 
 
 Journal, Oct. 2, 1875. 
 
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 119, CHANCERY LANE, LONDON, W.C. 17 
 
 JUDICATURE ACTS -Continued. 
 
 Leys' Complete Time-Table to the Rules under 
 the Supreme Court of Judicature Act, 1875. Show- 
 ing all the periods fixed by the Rules within or after which any proceed- 
 ings may be taken. By JOHN KIRKWOOD LEYS, M. A., of the 
 Middle Temple, Barrister-at-Law. Royal Svo. 1875. Nett, Is. 6d. 
 
 Lynch and Smith's Introduction to the Final 
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 Incorporated Law Society, with the answers adapted to meet the 
 recent extensive alterations made by the JUDICATURE ACT, 
 1873. By H. FOULKS LYNCH, Solicitor, and ERNEST 
 AUGUSTUS SMITH, Solicitor, Clifford's Inn, Prizeman ; Senior 
 Prizeman of the Incorporated Law Society, and Brodrip Gold Medalist, 
 1872. Vol. I. The Principles of the Law. Post Svo. 1874. 12s. 
 
 Lynch's Tabular Analysis of the Supreme 
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 Royal Svo. Second Edition. 1876. JNett, Is. 
 
 Morris. Vide "Costs." 
 
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 consolidated. With Notes and an Index. By J.FITZ JAMES 
 STEPHEN, one of Her Majesty's Counsel. 12rno. 1875. 4s. 6d. 
 
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 Notes and a copious Index, and additional Rules to date, forming 
 
 a COMPLETEGUIDE TO THE NEW PRACTICE. By ARTHUR WILSON, 
 
 of the Inner Temple, Esq., Barrister-at-Law. Royall2mo. 1875. 18s. 
 
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 whom the task falls, whether as practitiouers or as administrators of the law. of applying 
 and adapting the new practice and procedure." Solicitors' Journal, Oct. 23, 1875. 
 
 'We have nothing but praise to bestow upon the annotating of the rules. We have 
 no doubt it will maintain a position in th trout rank of the works upon the all-engrossing 
 subject with which it deals." Law Times, net. 16, 187S. 
 
 ' .Hr. Wilsou has appended to the Acts and Kuies, especially the latter, a valuable body 
 
 of notes, which we are sure will be found useful The additional rules are of 
 
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 " Mr. Arthur Wilson, as might have been expected, is particularly successful in deal- 
 ing with the Rules of i.'ourt. to which, indeed, his notes are au almost indispensable 
 accompaniment." Law Mayazine, Nov. 1875. 
 
 "As Mr. Arthur Wilson was one of the gentlemen employed to draft the rules he may 
 be supposed to speak with some authority oil that part of the subject, and he has cer- 
 tainly devoted much care and time to their elucidation." Examiner, Oct. 23, 1875. 
 
 JURISPRUDENCE. Amos, Law as a Science and as 
 an Art. An Introductory Lecture delivered at University 
 College at the commencement of the session 1874-5. By SHELDON 
 AMOS, Esq., M.A., Barrister-at-Law. Svo. 1874. Nett, Is. 6d. 
 Phillimore's (J. G.) Jurisprudence. An Inaugural 
 Lecture on Jurisprudence, and a Lecture on Canon Law, delivered 
 at the Hall of the Inner Temple, Hilary Term, 1651. By J. G. 
 PHILLIMORE, Esq., Q.C. 8vo. 1851. Sewed. 3s. 6d. 
 
 JUSTICE OF THE PEACE. Arnold's Summary of the 
 Duties of a Justice of the Peace out of 
 Sessions. Summary Convictions. By THOMAS JAMES 
 ARNOLD, Esq., one of the Metropolitan Police Magistrates. 
 Svo. 1860. II. 6*. 
 
 %* AU standard Law Works are kept in Stock, in law calf 'vnd other bindings.
 
 18 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 JUSTICE OF THE PEACE .-Continued. 
 
 Burn's Justice of the Peace and Parish Officer. 
 
 Edited by the following Barristers, under the General Superinten- 
 dence of JOHN BLOSSETT MAULE, Esq., Q.C., Recorder of 
 Leeds. The Thirtieth Edition. VoL I. containing titles 
 "Abatement" to " Dwellings for Artizans ;" byTHOS. SIRRELL 
 PRITCHARD, Esq., of the Inner Temple. Vol. II. containing 
 titles " Easter Offering " to "Hundred ;" by SAML. BOTELER 
 BRISTOWE, Esq., of the Inner Temple. Vol. III. containing 
 titles "Indictment' to "Promissory Notes;" by LEWIS W. 
 CAVE, Esq., of the Inner Temple. Vol. IV. containing the whole 
 title " Poor ;" by JAMES. EDWD. DAVIS, Esq., Stipendiary 
 Magistrate for Stoke-upon-Trent. (Sold separately, price 1 lls. 6d.) 
 Vol. V. containing titles "Quo Warranto" to "Wreck;" bv JOHN 
 BLOSSETT MAULE, Esq., Q.C., Recorder of Leeds. Five vols. 
 8vo. 1869. . 71. 7s. 
 
 Since the publication in 1845 of the forraor Edition of Burn's Justice of the Peace and 
 Parish Officer the whole range of the Law which Magistrates had to administer has 
 undergone more or less alteration, and, indeed, the time which has elapsed since that 
 publication appeared has doubtless worked as great a change in the Magistrates them- 
 selves : so that to very many of the Gentlemen now composing the body of Justices the 
 Encyclopedic Work of Burn must be, if not entirely unknown, at least unfaaiiliar as a 
 book of reference. 
 
 Paley. Vide ** Convictions.' 
 Stone. Vide " Petty Sessions." 
 
 LAND DRAINAGE. Thring's Land Drainage Act. With 
 an Introduction, Practical Notes, an Appendix of Statutes relating 
 to Drainage, and Forms. By THEODORE THRING, Esq., 
 Barrister-at-Law. 12mo. 1861. 7s. 
 
 LAND TAX Bourdin's Land Tax. An Exposition of the 
 Land Tax ; its Assessment and Collection, with a statement of the 
 rights conferred by the Redemption Acts. By MARK A. BOUR- 
 DIN, of the Inland Revenue Office, Somerset House (late Registrar 
 of Land Tax). Second Edition. Crown 8vo. 1870. 4s. 
 
 LANDLORD AND TENANT. Woodfall's Law of Landlord 
 and Tenant. A Practical Treatise on the Law of Landlord 
 and Tenant, with a full Collection of Precedents and Forms of 
 Procedure. Tenth Edition. By W. R. COLE, Esq., Barrister-at- 
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 LAW, GUIDE TO. A Guide to the Law for General 
 Use. By a Barrister. Twentieth Edition. Crown Svo. 1876. 
 
 Sett, 3*. 6tZ. 
 
 "There way be many students of both branches of the profession who will find the 
 following pages n assistance to them in the couri-e of their reacMng, uot in substitution of 
 but together with, or preliminary to, the voluminous and highly teclmical works which 
 they have necessarily to examine." 
 
 LAW LIST Law List (The). Comprising the Judges and Officers 
 of the different Courts of Justice, Counsel, Special Pleaders, 
 Draftsmen, Conveyancers, Attorneys, Notaries, &c., in England 
 and Wales ; to which are added the Circuits, Judges, Treasurers, 
 ] U <_; istrars, and High Bailiffs of the County Courts, District 
 Registries and Registrars under the Probate Act, Lords Lieu- 
 tenant of Counties, Recorders, Clerks of the Peace, Town Clerks, 
 Coroners, Colonial Judges, and Colonial Lawyers having English 
 Agents, Metropolitan Police Magistrates, Law Agents, Law and 
 Public Officers, Circuits of the Judges and Counsel attending 
 Circuit and Sessions, List of Sheriffs and Agents, London Commis- 
 
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 119, CHANCEEY LANE, LONDON, W.C. 19 
 
 LAW LIST. -Continued. 
 
 sioners for taking Oaths in Chancery, Queen's Bench, Common 
 Pleas and Exchequer, &c., &c., and a variety of other useful matters 
 so far as relates to Special Pleaders, Draftsmen, Conveyancers, 
 Attorneys, Solicitors, Proctors and Notaries. Compiled by 
 WILLIAM HENRY COUSINS, of the Inland Revenue Office, 
 Somerset House, Registrar of Certificates. Published annually. 
 By authority. Nett, 10s. Qd. 
 
 LAW REPORTS. Vide pages 26-7. 
 LAWYER'S COMPANION. Vide "Diary." 
 
 LEGACIES. Roper's Treatise on the Law of Lega 
 cies. -Fourth Edition. By H. H. WHITE. 2 vols. Royal 8vo. 
 1847. 37. 3*. 
 
 LEXICON. Fide "Dictionary." 
 
 LICENSING. Lely and Foulkes' Licensing Acts, 
 1828, 1869, 1872, and 1874; Containing the Law of the 
 Sale of Liquors by Retail and the Management of Licensed Houses ; 
 with Notes to the Acts, a Summary of the Law, and an Appendix 
 of Forms. Second Edition. By J. M. LELY and'W. D. I. 
 FOULKES, Esqrs., Barristers-at-Law. Royal 12mo. 1874. 8s. 
 " Messrs. Lely and Foulkes's plan is to pribt in full the principal Acts, and to inter- 
 polate between the sections of each of these statutes all subsidiary enactments, distin- 
 guishing them by brackets and marginal notes .... to most of the sections of the 
 Act of last Session notes are added. These notes are usually sensible and to the point, 
 and give evidence both of care and knowledge of the subject." Solicitors' Journal. 
 
 LIEN. Cross' Treatise on the Law of Lien and 
 Stoppage in Transitu. 8vo. 1840. los. 
 
 LIGHTS Woolryeh's Practical Treatise on the Law 
 Of Window Lights. Second Edition. 12mo. 1804. 6s. 
 
 LOCAL GOVERNMENT.- Fide "Public Health." 
 
 LUNACY. Elmer's Lunacy Practice. Fifth Edition. By 
 JOSEPH ELMER, of the Office of the Masters in Lunacy. 8vo. 
 1872. II. Is. 
 
 MAGISTERIAL LAW. Burn. Vide " Justice of Peace." 
 Leeming and Cross. Vide " Quarter Sessions." 
 Paley. Vide " Convictions." 
 Pritchard. Vide "Quarter Sessions." 
 Stone. Vide " Petty Sessions." 
 
 MAINTENANCE AND CHAMPERTY. Tapp on Main- 
 tenance and Champerty. An Inquiry into the present 
 state of the Law of Maintenance and Champerty, principally as 
 affecting Contracts. By WM. JOHN TAPP, Esq. , of Lincoln's Inn, 
 Barrister-at-Law. 12mo. 1861. 4s. 6d. 
 
 MANDAMUS. Tapping on Mandamus. The Law and 
 Practice of the High Prerogative Writ of Mandamus as it obtains 
 both in England and Ireland. Royal 8vo. 1848. I/. Is. 
 
 MARINE INSURANCE Vide " Insurance." 
 
 MARTIAL LAW Finlason's Treatise on Martial Law, 
 as allowed by the Law of England in time of Rebellion ; with 
 Practical Illustrations drawn from the Official Documents in the 
 Jamaica Case, and the Evidence taken by the Royal Commission of 
 Enquiry, with Comments Constitutional and Legal. By W. F. 
 FINLASON, Esq., Barrister-at-Law. 8vo. 1866. . 12. 
 
 MERCANTILE LAW Brooke Vide "Notary." 
 Russell. Vide "Agency." 
 
 Smith's Mercantile Law. A Compendium of Mercantile 
 Law. By the late JOHN WILLIAM SMITH, Esq. Eighth 
 
 %* Att standard Law Works are kq>t in Stock, in law calf andolltor Iriudinys.
 
 20 STEVENS AND SONS' LAW PUBLICATIONS. 
 
 MERCANTILE LAW.-mned. 
 
 Edition. By G. M. DOWDESWELL, of the Inner Temple, Esq., 
 one of Her Majesty's Counsel. Royal 8vo. 1871. II. 16s. 
 
 Tudor's Selection of Leading Cases on Mer- 
 cantile and Maritime Law. With Notes. By 0. D. 
 TUDOR, Esq., Barrister-at-Law. Second Edition. Royal 8vo. 
 1868. II. 18s. 
 
 MINES. Rogers' Law relating to Mines, Minerals, 
 and Quarries in Great Britain and Ireland ; 
 with a Summary of the Laws of Foreign States and Practical 
 Directions for obtaining Government Grants to work Foreign Mines. 
 Second Edition. By ARUNDEL ROGERS, Esq., Barrister-at-Law 
 8vo. 1876. (Nearly ready.) 
 
 MORTGAGE. Coote's Treatise on the Law of Mort- 
 gage. Third Edition. Royal 8vo. 1850. Nett, 11. 
 
 MUNICIPAL ELECTIONS. Vide "Ballot." 
 
 NAVAL LAW.- -Thring. Vide " Criminal Law." 
 
 NISI PRIUS. Roscoe's Digest of the Law of Evidence 
 on the Trial of Actions at Nisi Pri us. Thirteenth 
 Edition. By JOHN DAY, one of Her Majesty's Counsel, and 
 MAURICE POWELL, Barrister-at-Law. Royal I2mo. 1875. 21. 
 
 (Bound in one thick volume calf or circuit, 5s. 6d., or in two convenient vols. 
 calf or circuit, 10s. nett extra.) 
 
 "Any one who glances at ' Boscoe's Digest' in all the amplitude and immensity of a 
 Thirteenth Edition, must admit that there can be only one thing on earth mere marvel- 
 
 Joumal, July 10, 1875. 
 
 "K(c<e's Digest has always been a work of reference absolutely necessary to the 
 common law practitioner; it retains this voeition now under viry greatly improved 
 conditions, and we are sure that the profession will thoroughly appreciate tlie intelligent 
 labour, which has been bestowed u| on the work." Law Ttmet, July 24th, 1875. 
 
 Selwyn's Abridgment of the Law of Nisi 
 Prius. Thirteenth Edition. By DAVID KEANE, Q.C., 
 Recorder of Bedford, and CHARLES T. SMITH, M.A., one of the 
 Judges of the Supreme Court of the Cape of Good Hope. 2 vols. 
 Royal 8vo. 1869. 21 16s. 
 
 NOTARY. Brooke's Treatise on the Office and Prac- 
 tice of a Notary of England. With a full collection of 
 Precedents. Third Edition. By LEONE LEVI, Esq., F.S.A.. of 
 Lincoln's Inn, Barrister-at-Law, Professor of the Principles and 
 Practice of Commerce in King's College, London, &c., &c. 8vo. 
 1867. H. Is. 
 
 NUISANCES. Fitzgerald. Fide "Public Health." 
 CATHS. Braithwaite's Oaths in Chancery. A Manual 
 for the use of Commissioners to Administer Oaths in Chancery ; 
 being a collection of officially recognised Forms of Jurats and Oaths, 
 with Explanatory Notes and Observations. Second Edition. By 
 THOMAS W. BRA1THWAITE, of the Record and Writ Clerks' 
 Office. Foolscap 8vo. 1864. 3s. 6c. 
 
 Cole's (R.) Oaths in Common Law. By ROBERT 
 COLE, Solicitor. Foolscap 8vo. 1859. Nett, 2s. 
 
 PATENTS. Hindmarch's Treatise on the Law rela- 
 ting to Patents. 8vo. 1846. II. lg. 
 
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 119, CHANCERY LANE, LONDON, W.C. 21 
 
 PAWNBROKERS. Turner's Pawnbrokers' Act, 1872. 
 With Explanatory Notes. By FRANCIS TURNER, Esq., Bar- 
 rister-at-Law, Author of the "Contract of Pawn." 12mo. 1873. 
 
 Nett, 2s. 
 
 PERSONAL PROPERTY. Smith's Real and Personal 
 Property. A Compendium of the Law of Real and Personal 
 Property Primarily Connected with Conveyancing ; Designed as a 
 Second Book for Students, and as a Digest of the most useful 
 Learning for Practitioners. By JOSIAH W. SMITH, B.C.L., 
 Q.C., Judge of County Courts. Fourth Edition. 2 vols. 8vo. 
 1870. II, 18s. 
 
 PETTY SESSIONS. Stone's Petty Sessions Practice. 
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 PLEADING. Archbold. Fide" Criminal" 
 
 Stephen on Pleading. A Treatise on the Principles of 
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