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whole or in part, of any such patent or licence, upon such terms and conditions, if any, as they may think fit.

2. The Comptroller may, at any time during the continuance of these Rules, avoid or suspend any proceedings on any application made under "The Patents and Designs Act, 1907," and "The Trade-marks Act, 1905," by a subject of any State at war with His Majesty.

3. The Comptroller may also, at any time during the continuance of these Rules, extend the time prescribed by "The Patents and Designs Act, 1907," or "The Trade-marks Act, 1905," or any Rules made thereunder, for doing any act or filing any document, upon such terms and subject to such conditions as he may think fit in the following cases, namely:

(a.) Where it is shown to his satisfaction that the applicant, patentee, or proprietor, as the case may be, was prevented from doing the said act or filing the said document by reason of active service or enforced absence from this country, or any other circumstances arising from the present state of war, which, in the opinion of the Comptroller, would justify such extension.

(b.) Where the doing of any act would, by reason of the circumstances arising from the present state of war, be prejudicial or injurious to the rights or interests of any applicant, patentee, or proprietor as aforesaid.

4. The term person used in these Rules shall, in addition to the meaning given thereto by Section 19 of “The Interpretation Act, 1889," include any Government Depart

ment.

5. All things required or authorised to be done by, to, or before the Board of Trade may be done by, to, or before the President, or a Secretary, or an Assistant Secretary of the Board, or any person authorised in that behalf by the President of the Board.

All documents purporting to be orders made by the Board of Trade and to be sealed with the seal of the Board, or to be signed by a Secretary or an Assistant Secretary of the Board, or by any person authorised in that behalf by the President of the Board, shall be received in evidence, and shall be deemed to be such orders without further proof, unless the contrary is shown.

A certificate signed by the President of the Board of Trade that any order made or act done is the order or act of the Board, shall be conclusive evidence of the fact so certified. 6. These Rules shall come into operation as and from the 7th day of August, 1914.

Dated the 21st day of August, 1914.

WALTER RUNCIMAN.

President of the Board of Trade.

FIRST SCHEdule.

£

s. d.

...

Fee payable on application under Rule 1 to Board
of Trade to avoid or suspend patent rights or
licence
Fee payable on depositing foreign documents or
other papers for the purpose of a record not
already provided for under "The Patents and
Designs Act, 1907," and "The Trade-Marks
Act, 1905

...

...

Dated the 21st day of August, 1914.

200

02 6

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Patents, Designs, and Trade-Marks (Temporary Rules) Act, 1914. I (or We) (a).....................

hereby request the Board of Trade to order the avoidance or suspension of the Letters Patent No. (b).... or the Licence granted to (b).................

of ......

under Letters Patent

No. (b) .........

Dated this

of

day of

(Signed)

Dated the 21st day of August, 1914.

WALTER RUNCIMAN, President of the Board of Trade.

(a) Here insert (in full) name, address, and description of calling of person or persons applying.

(b) Here insert number and year of Patent or particulars of Licence, as the case may be.

BRITISH ORDINANCE laying down temporary Rules relative to Trade-marks.-London, August 21, 1914.

By virtue of the provisions of "The Patents, Designs, and Trade-marks (Temporary Rules) Act, 1914,"* the Board of Trade hereby make the following Rules:

1. The Board of Trade may, on the application of any person, and subject to such terms and conditions, if any, as they may think fit, order the avoidance or suspension, in whole or in part, of the registration of any trade-mark the proprietor whereof is a subject of any State at war with His Majesty, and the Board, before granting any such application, may require to be satisfied on the following heads:

(a.) That the proprietor is the subject of a State at war with His Majesty.

(b.) That the person applying intends to manufacture, or cause to be manufactured, the goods or any of them in respect of which the trade-mark is registered.

(c.) That it is in the general interests of the country, or of a section of the community, or of a trade, that the registration of the trade-mark should be so avoided or suspended.

The fee to be paid on any such application shall be that specified in the First Schedule to these Rules.

An application under this Section must be made on Form T.M. No. 36 contained in the Second Schedule to these Rules, and shall be filed at the Patent Office.

The Board of Trade may at any time, in their absolute discretion, revoke any avoidance or suspension of any registration of a trade-mark ordered by them.

For the purpose of exercising in any case the powers of avoiding or suspending the registration of a trade-mark, the Board of Trade may appoint such person or persons as they shall think fit to hold an inquiry:

Any application to the Board for the avoidance or suspension of any registration of a trade-mark may be referred for hearing and inquiry to such person or persons, who shall report thereon to the Board:

Provided always that the Board of Trade may at any time, if in their absolute discretion they deem it expedient in the public interest, order the avoidance or suspension, in whole or in part, of any such registration of a trade-mark, upon such terms and conditions, if any, as they may think fit.

2. The term "person used in these Rules shall, in addition to the meaning given thereto by Section 19 of "The Interpretation Act, 1889," include any Government Depart

ment.

* See Vol. 27, page 557.

3. All things required or authorised to be done by, to, or before the Board of Trade may be done by, to, or before the President, or a Secretary, or an Assistant-Secretary of the Board, or any person authorised in that behalf by the President of the Board.

All documents purporting to be orders made by the Board of Trade and to be sealed with the seal of the Board, or to be signed by a Secretary or an Assistant-Secretary of the Board, or by any person authorised in that behalf by the President of the Board, shall be received in evidence, and shall be deemed to be such orders without further proof, unless the contrary is shown.

A certificate signed by the President of the Board of Trade that any order made or act done is the order or act of the Board, shall be conclusive evidence of the fact so certified.

4. These Rules shall be called "The Trade-marks (Temporary) Rules, 1914," and shall come into operation as and from the 7th day of August, 1914. Dated the 21st day of August, 1914.

WALTER RUNCIMAN,

President of the Board of Trade.

FIRST SCHEdule.

Fee payable on application under Rule 1 to Board
of Trade to avoid or suspend the registration
of a trade-mark

...

Dated the 21st day of August, 1914.

£8. d.

200

[blocks in formation]

Patents, Designs, and Trade-Marks (Temporary Rules) Act, 1914.

I (or We) (a).....

hereby request the Board of Trade to order the avoidance or suspension of the registration of trade-mark No. (b)

registered

[blocks in formation]

(a) Here insert (in full) name, address, and description of calling of person or persons applying.

(b) Here insert number and class in which the trade-mark is registered.

BRITISH ORDINANCE laying down temporary Rules relative to Designs.-London, September 5, 1914.

By virtue of the provisions of "The Patents, Designs, and Trade-marks (Temporary Rules) Acts, 1914,"* the Board of Trade hereby make the following Rules:

1. The Board of Trade may, on the application of any person, and subject to such terms and conditions, if any, as they may think fit, order the avoidance or suspension of the registration and all or any rights conferred by the registration of any design the proprietor whereof is a subject of any State at war with His Majesty, and the Board, before granting any such application, may require to be satisfied on the following heads:

(a.) That the proprietor is the subject of a State at war with His Majesty;

(b.) That the person applying intends to manufacture, or cause to be manufactured, the goods or any of them in respect of which the design is registered;

(c.) That it is in the general interests of the country, or of a section of the community, or of a trade, that the avoidance or suspension should be ordered.

The fee to be paid on any such application shall be that specified in the First Schedule to these Rules.

An application under this Section must be made on Form Designs No. 36 contained in the Second Schedule to these Rules, and shall be filed at the Patent Office.

The Board of Trade may at any time, in their absolute discretion, revoke any avoidance or suspension ordered by them.

For the purpose of exercising in any case their powers of avoidance or suspension the Board of Trade may appoint such person or persons as they shall think fit to hold an inquiry.

* See Vol. 27, pages 557 and 577.

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