Are the registeced proprietors of a trade mark

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are the registeced proprietors of a Trade Mark consisting of the word " Hammermill " registered here under No. 4:37,43£1 15 as of the date the 23rd of May, 1923, in Part A of the Register in Class 39 in respect of "Writing-pla.per, ledger-paper. correspondence envelopes and writing-pads,"a.nd that since February, 1920, they have extensively used the mark as .a trade mark in their business in Great Britain, where the Mark has become known to the trade and public as denoting their goods exclusively; 20 that the Opponents' Mark was well-known to the Applicants when they first adopted their Trade Mark now propounded for registration; that the Applic- ants' Mark so nearly resembles the Opponents' Mark as to be calculated to deceive, and that its registration would interfere with the use by the Opponents of their Trade Mark; that the Applicants' Mark is not distinctive 25 and is not a registrable 'I'rade Mark within the meaning of the Trade Marks Acts. The act.ing Registrar states that it was accepted at the hearing before him that the only non-descriptive word in the Applicants' words is the word "Ahernlill." He stated that, he would for the present purpose, in compar-ing the Applieants' Mark with that of the Opponents, treat it as if it consisted 30 of that word alone. Oonsidering thus the question as affected by Section 19 of the Acts, he holds that the words "Abermill" and "Hammermill" are so similar to one another phonetically that, if the Applicants' Mark had been a new one, he would have been obliged to refuse the Application. \ It wae urg,ed before me by the Respondents to the present appeal, that is to 35 say the Applicants for registr.ation, that in this respect the decision of the acting Registra.r was erroneous and that I ought to support his decision, namely, that the Applieation should proceed, on" the ground that, contrary to his view, the App.licants' Mark "Abermill" does not so closely resemble the Objectors' mark "H.amniermill" as to be calculated to deceive "within the 40 meaning of Section 19. In my judgment the view taken on this point by the acting Registrar was correct; and, indeed, even if I had felt doubts as to its cor rectness it would have been a serious matter for me on such a point to overrule . the opinion of the acting Eeqietrar, See as to this the observations of Lord 'Dunedin in Reddasoa-t'« Application «1927) 44 R.P.C. 27, at page 36), 45 those 'of Lord Chancellor Cave and Lord Dunedin in MacDowell's Application «1927) 44 R .. P.C. 335, at pages 341 and 342), and those of the Master of the Rolls in the Liverp-oolElectricOable Oom·pany's Applications «192'9) 46R.P.C. 99, at page 120).' , Downloaded from by Makerere University user on 03 September 2019
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y oLXLIX~ ] ~EPORTS. OF .PATENT, DESIGN, AND TRADE MARK CASES. [No., 6~ In the Mattera! an Application by Alex. Pirie & Sons Ld., to register a T'rade .Llfark.
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