Within the meaning of the trade marks acts 1905 to

  • No School
  • AA 1
  • 24

This preview shows page 3 - 5 out of 24 pages.

within the meaning' of the Trade Marks Acts, 1905 to 1919. The Applicants, by their Oounter-statement, alleged as follows :-(1) They admitted the registration in Great Britain but they did not admit any of the foreign registrations set forth in the Notice of Opposition ; they admitted para- 15 graph 1 of the said Notice of Opposition, but stated that the alleged registra- tions' outside the United Kingdom were immater ial ; they did not admit any of the other allegations in the said Notice; (2) that the Trade Mark applied for did not so resemble the Opponents' Trade Mark as to be calculated to deceive, that the word" Bond" was common to the trade and that the style of lettering 20 was common to marks used as watermarks by papermakers; (3) that the Opponents and their goods had always been and were practically unknown in this country and that the Applicants had dnvented and adopted their mark in 1923 without reference to the Opponents' mark and that they (the Applicants) had used their mark continuously and extensively as a watermark on their 25 paper ever since 1923 and that it had become distinctive of their goods, and that the said mark had been derdved from the words Aberdeen and Mill and that the Applicants' mill was near Aberdeen; (4) that the Opponents had been aware of the Applicants' use of the Trade Mark applied for since February, 1925, and that they (the Applicants) would rely on Section 21 'of the Trade 30 Marks Act of 1905. Declarations in support of the Opposition were made by: C. W. Chabot (Vice- President of the Opponent 00.), Frederick Johnson, E. J. Day, R. Collard, A. Jeffercoat and W. Kay. Declarations in support of the Application were made by T. W. Leiqh; E. T. 35 Richards, G. H. JVatson, H. H. Brand, G. Ullathorne, F. D. Pirie (Chairman and Director of Applicant 00.), J. Cairns, A. C. Rastall, G. P. Watson, J. Steel and F. R. Waterman. Declarations in reply were made by C. W. Chabot, H. R. Baldw1:n, D. o. McIntosh and F. Johnson. 40 The Assietamt-Uoniptroller (Mr . .JI. F. Lindley) for the (Iom.ptroiler-General, as Registrar of Trade Marks, allowed registration. His Decision, dated the 13th of June, 1931, after 'stating the application and stating shortly the grounds of opposition, continued as follows:- " It was accepted at the Hearing that the only non-descriptive 'word in the 45 "Appliea,nts' Mark is the word' Abermill,' and I shall for the present purpose, " in comparing the Applicants' Mark with that of the Opponents, treat it as l'if iit consisted of that word alone. Considering thus the 'question as affected ", by Section 19 of the Acts, I agree with Mr. Trevor Watson to this extent: "that the two words 'Abermill' and 'Hammermill' are' so similar to. one Y2 Downloaded from by Makerere University user on 03 September 2019
Image of page 3
198 REPORTS OF PATENT, DESIGN, AND TRADE 'MARK CASES. [V 01. XLIX. In the Matter of an Application by Alex. Pirie & Sons Ld., to register a Trade 1.11 ar k.
Image of page 4
Image of page 5

You've reached the end of your free preview.

Want to read all 24 pages?

  • Fall '19
  • The Bible, United States trademark law, opponents

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors