Goodeve's Modern Law of Personal Property (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 Excerpt: ...the register consents to the registration of the other mark will not enahle it to be registered.1 A person cannot register as part of, or in combination with, a trade mark, any words the use of which would, by reason of their being calculated to deceive, or otherwise, be disentitled to protection in a Court, or any scandalous design.-And the comptroller may refuse to register a trade mark if the use would, in his opinion, be contrary to law or morality.8 No notice of any trust, expressed, implied, or constructive, may be entered on the register.4 Before we proceed to consider the sections denning the classes of marks which arc capable of being registered as trade marks, it should be observed that the Acts now in force preserve a distinction, which was recognized by the Act of 1875/ between marks which had, and marks which had not, been in use as trade marks before the passing of that Act. The former are generally called " old marks," the latter "new marks"; and it w ill be seen that, whereas a new mark cannot be registered unless it contains one of the "essential particulars" specified in the statutes, an old mark may be capable of registration though it does not satisfy that requirement. The purpose of this distinction was to preserve vested rights which had been acquired by user before the Act of 1875.6 By the Act of 1888,7 amending in this respect the Act of What marks may be regis tored. Names. Signatures. Devices, Sec. contain at least one of the following " essential particulars" (1.) A name of an individual or firm printed, impressed, or woven in some particular and distinctive manner; or (2) A written signature or copy of a written signature of the individual or firm applying for registration thereof as a trad...