Practical Guide for Trade Mark Owners Containing Directions for Registration W
Practical Guide for Trade Mark Owners Containing Directions for Registration W
Henry Kerby
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D. 724. NOTES OF LEGAL DECLSIONS. 137 factnre. Iq 1877 they registered, under the Trade Marks Eegistration Act, 1875, a black dome as their Trade Mark for black lead. An action to restrain infringement of their Trade Mark having been brought by them, the defendants applied to have the Mark expunged from the register, and Mr. Justice Pearson, before whom the matter waa brought, ordered it to be so expunged, on the ground that it was only a representation of the thing sold, which thing every- bod...y was at liberty to make, and, therefore, was not a good Trade Mark. The Court of Appeal, however, held that there was no reason why a Dome should not be a distinctive Mark for black lead, that the evidence showed it to be in fact distinctive, that it was, therefore, capable of registration as a Trade Mark, and that the decision of Mr. Justice Pearson must be reversed. * In 1876, the Anglo-Swiss Condensed Milk Company similarity. , r J Rectifica- registered a Trade Mark consisting of the representation of ^o".
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