chester register, and such registration shall bear date as of the day of application to the Manchester branch, and shall have the same effect as if the application had been made to the registrar on that day.

(7) When any mark is removed from or any cancellation or correction made in the Manchester register notice thereof shall be given by the registrar to the keeper of cotton marks, who shall alter the duplicate register accordingly.

(8) For the purpose of all proceedings in relation to trade-marks entered in the Manchester register a certificate under the hand of the keeper of cotton marks shall have the same effect as a certificate of the registrar.

(9) In every application for registration of a cotton mark, if such mark has been used by the applicant or his predecessors in business prior to the date of application, the length of time of such user shall be stated on the application.

(10) As from the passing of this Act

(a) In respect of cotton piece goods and cotton yarn no mark consisting of a word or words alone (whether invented or otherwise) shall be registered, and no words or words shall be deemed to be distinctive in respect of such goods.

(b) In respect of cotton piece goods no mark consisting of a line heading alone shall be registered, and no line heading shall be deemed to be distinctive in respect of such goods.

(c) No registration of a cotton mark shall give any exclusive right to the use of any word, letter, numeral, line heading, or any combination thereof.

39 and 40 Vict., c. 33.

(11) The right of inspection of the Manchester register shall extend to and include the right to inspect all applications whatsoever that have been since the passing of the Trade-Marks Registration Act, 1875, and hereafter shall have been made to the Manchester branch in respect of cotton goods in classes 23, 24, and 25, whether registered, refused, lapsed, expired, withdrawn, abandoned, canceled or pending.

(12) The keeper of cotton marks shall, on request, and on production of a facsimile of the mark, and on payment of the prescribed fee, issue a certified copy of the application for registration of any cotton mark, setting forth in such certificate the length of time of user (if any) of such mark as stated on the application, and any other particulars he may deem necessary.

(13) As regards any rules or forms affecting cotton marks which are proposed by the Board of Trade to be made, the draft of the same shall be sent to the keeper of cotton marks and also to the Manchester Chamber of Commerce. And the said keeper, and also the said

chamber, shall, if they or either of them so request, be entitled to be heard by the Board of Trade upon such proposed rules before the same are carried into effect.

(14) The existing practice whereby the keeper of the Manchester branch consults the trade and merchandise marks committee appointed by the Manchester Chamber of Commerce upon questions of novelty or difficulty arising on applications to register cotton marks shall be continued by the keeper of cotton marks.

International and colonial arrangements (48 and 49 Vict. c. 63).

65. The provisions of sections 103 and 104 of the Patents, Designs, and Trade-Marks Act, 1883 (as amended by the Patents, Designs, and Trade-Marks (amendment) Act, 1885), relating to the registration of trade-marks both as enacted in such acts and as applied by any order in council made thereunder, shall be construed as applying to trademarks registrable under this Act.

OFFENSES.

Falsification of entries in register.

66. If any person makes or causes to be made a false entry in the register kept under this Act, or a writing falsely purporting to be a copy of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of a misde

meanor.

Penalty on falsely representing a trade-mark as registered.

6. (1) Any person who represents a trade-mark as registered which is not so shall be liable for every offense on summary conviction to a fine not exceeding £5.

(2) A person shall be deemed, for the purposes of this enactment, to represent that a trade-mark is registered, if he uses in connection with the trade-mark the word "registered," or any words expressing or implying that registration has been obtained for the trade-mark.

ROYAL ARMS.

Unauthorized assumption of royal arms.

68. If any person, without the authority of His Majesty, uses in connection with any trade, business, calling, or profession, the royal

arms (or arms so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorized so to use the royal arms, or if any person without the authority of His Majesty or of a member of the royal family, uses in connection with any trade, business, calling, or profession any device, emblem, or title in such manner as to be calculated to lead to the belief that he is employed by or supplies goods to His Majesty or such member of the royal family, he may, at the suit of any person who is authorized to use such arms or such device, emblem, or title, or is authorized by the Lord Chamberlain to take proceedings in that behalf, be restrained by injunction or interdict from continuing so to use the same: Provided, That nothing in this section shall be construed as affecting the right, if any, of the proprietor of a trade-mark containing any such arms, device, emblem, or title to continue to use such trade-mark.

COURTS.

General saving for jurisdiction of courts.

69. The provisions of this Act conferring a special jurisdiction on the court as defined by this Act shall not, except so far as the jurisdiction extends, affect the jurisdiction of any court in Scotland or Ireland in any proceedings relating to trade-marks; and with reference to any such proceedings in Scotland the term "the court" shall mean the court of session; and with reference to any such proceedings in Ireland the term "the court" shall mean the high court of justice in Ireland.

Isle of Man.

70. This act shall extend to the Isle of Man, and-

(1) Nothing in this Act shall affect the jurisdiction of the courts in the Isle of Man in proceedings for infringement or in any action or proceeding respecting a trade-mark competent to those courts.

(2) The punishment for a misdemeanor under this Act in the Isle of Man shall be imprisonment for any term not exceeding two years, with or without hard labor and with or without a fine not exceeding £100, at the discretion of the court.

(3) An offence under this Act committed in the Isle of Man which would in England be punishable on summary conviction may be prosecuted, and any fine in respect thereof recovered at the instance of any person aggrieved, in the manner in which offenses punishable on summary conviction may for the time being be prosecuted.

93169-19- -18

Jurisdiction of Lancashire Valatine court.

71. The court of chancery of the County Palatine of Lancaster shall, with respect to any action or other proceeding in relation to trade-marks, the registration whereof is applied for in the Manchester branch, have the like jurisdiction under this Act as His Majesty's high court of justice in England, and the expression “the court" in this Act shall be construed and have effect accordingly: Provided, That every decision of the court of chancery of the County Palatine of Lancaster in pursuance of this section shall be subject to the like appeal as decisions of that court in other cases.

Offenses in Scotland.

72. In Scotland any offense under this Act declared to be punishable on summary conviction may be prosecuted in the sheriff court.

REPEAL SAVINGS.

Repeal and saving for rules, etc.

73. The enactments described in the schedule of this Act are repealed to the extent mentioned in the third column, but this repeal shall not affect any rule, table of fees, or classification of goods made under any enactment so repealed, but every such rule, table of fees, or classification of goods shall continue in force as if made under this Act until superseded by rules, tables of fees, or classification under this Act.

Application of 46 and 47 Vict., c. 57, ss. 82-84.

74. The provisions of sections 82 to 84 of the Patents, Designs. and Trade-Marks Act, 1883, as amended by any subsequent enactment shall continue to apply with respect to the administration at the patent office of the law relating to the registration of trade-marks, and shall accordingly be construed as if this Act formed part of that Act.

GREAT BRITAIN-WAR LEGISLATION.

PATENTS-DESIGNS-TRADE-MARKS

(TEMPORARY RULES) ACT OF

AUGHST 7, 1914.

CHAPTER 27.-An Act to extend the powers of the Board of Trade during the continuance of the present hostilities to make rules under the Patents and Designs Act, 1907, and the Trade-Marks Act, 1905. [7th August, 1914.]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. (1) The power of the Board of Trade under section 86 of the Patents and Designs Act, 1907, and section 60 of the Trade-Marks Act, 1905, to make rules and to do such things as they think expedient for the purposes therein mentioned shall include power to make rules and to do such things as they think expedient for avoiding or suspending in whole or in part any patent or license granted to, and the registration of any trade-mark the proprietor whereof is, a subject of any State at war with His Majesty, and any proceedings on any application made by any such person under either of the said Acts and for extending the time within which any act or thing may or is required to be done under those Acts.

(2) In relation to rules made under this Act the provisions of subsection (3) of section 60 of the Trade-Marks Act, 1905, shall not apply.

(3) If the rules made under this Act so provide the rules or any of them shall have effect as from the passing of this Act.

2. This Act may be cited as the Patents, Designs, and Trade-Marks (temporary rules) Act, 1914.

3. This Act and the rules made thereunder shall continue in force during the continuance of the present state of war in Europe, and for a period of six months thereafter and no longer.

PATENTS-DESIGNS-TRADE-MARKS

(TEMPORATY RULES) ACT

(AMENDATORY) OF AUGUST 28, 1914.

[Translation.]

CHAPTER 73.

1. The Act of 1914 concerning the Patents, Designs, and TradeMarks (temporary) rules shall become effective and shall be consid