Registrar must n each case take into consideration

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Registrar must ~n each case take into consideration the extent of the concurrent user, extent in time and extent in quantity. He must also, of course) take l~_~Q._~q!!"~iQ..t3,_!,~_~i9_J;! ... _~11e._~~g~:.~~ __ ()f. decepti~n th~t .. will .!~.~.~.!E from a. 35 registration of the Applicants' Mark. He··-iriust·~"aJso-c·6iisiaer-"most carefully/ whe.ther in the circumstances he ought to ~pose~n)7 a lld what~onditioI!~ and\ Iimitations, and so forth. All those matters a re·m'iit£ei's wi£u" which the officials. in the Office are peculiarly fitted to deal, and where the Registrar has exercised his discretion in the matter, the Oourt should be very slow to interfere. 40 In the present case, putting it as favourably towards the Respondents as I think the facts permit, it might be said that the case is a doubtful one and somewhat near the line. If it was such a case, the Oourt should not, in my opinion, interfere with the decision of the Reqietrar, In saying that that is, the way in which the case can be most favourably put to the Respondents, I 45 do not want to be thought to be saying that that is the way in which I think the case should he described. I agree with the other members of the Oourt that, if we had to exercise the discretion, afresh, we ought to arrive .at the same conclusion as that at which the learned Registrar himself arrived. Downloaded from by Makerere University user on 03 September 2019
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.No.6.] ,REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. [V ~l.XL,IX. In the Matter of an Application by Alex. Pirie & Sons Ld., to register a Trade Mark. For these reasons I agree that this Appeal should be allowed, with the eonsequence~ that have been dndicated by the learned MASTER OF THE ROLLS. An application' on behalf of the Respondents that the Order should provide that. the App~llants' Mark should in case of an appeal not be put on the Register pending the appeal was refused. :> IN THE HIGH OOURT OF JUSTICE--OHANCERY DIVISION. Before MR. JUSTICE LUXMOORE. December 3rd, 4th, 7th and 8th, 1931. IN THE MATTER OF LETTERS PATENT Nos. 15448 OF 1915 AND 148,129 OF THE BRITISH THOMSON-HoUSTON OOMPANY LD. 10 Patent-Application by Originating Summons for the exteneioti of the term of two Patents-Oppositions-Communication from abroad du/ring the war- Decision not to apply for second Patent-Subsequent reconsideration and applic- ation under Temporary Rules-iVo loss due to wa.r-Failure to disclose materiaZ docurnente-r-Effect of carelessness in making application-Application allowed 15 on first Patent and re-grant for three years-Ap'pli'cation on second Patens refused-Addition of parties-Reg'istration 0/ licences-aost~~Patents and Designs Acts, 1907 and 1919, Sees. 18 (6) and 91-Treaty of Peace Act, Art. 308.- Temporary Rules. 20 On the 2:5th qf April, 1931, the British Thomson-Houston Company Ld. and .Marconi's Wireless Telegraph Co.
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