There are a few facts which i must recount in order

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There are a few facts which I must recount in order to rnake my Judgment intelligible, but the full facts have already been adequately stated, by both the Reglistrar and the learned Judge. 25 The Application is to register the mark in respect of a particular class of goods, Olass 39. The Hammerrnill Paper Company have carried on business for a considerable time in the United States, and they have made use of a Mark for their paper and kindred goods, a Mark which is sometimes used as a water mark in the structure of the paper, the mark being one for" Hammermill Bond. 30 Made in U.S.A.". Their business, I understand, is a la.rge one in the United States, but they did not make use of that Mark in this country until February, 1920. From and after that time they have exported to England a certain amount of their goods, an amount which has not increased much, and indeed it would seem it has been a little bit on the decrease; perhaps it is better to say that it is 35 stationary. The actual figures are these, that dur ing the years 1920, 1921 and 192:2, the average Bales over here in value were £8,239 worth of their paper goods, but, taking in 19,23, the amount had decreased to £2,512; it stood a little over £2,000 in 19'24, and, except for the year 1927, the figure of £2,000 has not been again reached. The figure for the several years down to 1928, and indeed 40 I may say in 1929, has stood a little below £2,000; in other words, I think it is fair to say that the value of the goods sold over here has been stationary. The Appellants are a firm who have a large sale of' their paper goods, and on the 28th of May, 1923, they adopted the Mark which they now seek to register. .It is the Mark "Abermill Bond. Made in Gt. Britain", and the 45 App lication is for registration in Olass 39 in respect of wr it.ing paper made in Great Britain in the name of Alexander Pirie & Sons, Ld., of Stoneywood * Now reported 49 R.P.C. 88. Downloaded from by Makerere University user on 03 September 2019
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Vol. XLIX.] REPORTS OF PATENT, DESIGN, AND TRADE ¥ARK CASES .. 211 [No.6. In the Matter of an. AppZica.tion by Alex. Pirie &; Sons Ld., to register a Trade J.lfark. Works, Bucksbu rn, near Aberdeen, in .Scotland, They state that their first user was on the 31st of May. The sales under that Mark in this country have been large. Taking a period from June, 1923, to the end of 1928, there was a total sale of something like £120,000 in value, and in the nine months of 1929 the ~ value was £47,414. Their trade has not only been in this country, but they have an export trade which in 1928 had amounted to £,58,000, and, for a broken period of nine months of 1929 showed an export trade of £13,000. It is notice- able, therefore, that on the question of trade in this country there is a large excess of that trade in favour of the Applicants. 10 As I have said, the Appellants first began to use this Mark which they now seek to register in May, 1923. We are told how d.t was that they chose this word " Ahermill". I use that part of the Mark only, hecause both in the Opponents' Mark as well as in the Applicants' Mark there appears the word " Bond" and " Made in U.S.A." or " Made in Qt. Britain" respectively.
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