New provisions were made in 1905 as to what are called "asso ciated trade marks." Where registration is sought for a mark so closely resembling a mark of the applicant already on the register for the same goods as to be calculated to deceive or cause confusion if used by any one but the applicant, the registration of the new mark may be conditional on entering both marks as associated trade marks (sec. In the case of combined trade marks provision is made for registering as separate trade marks the part in which the applicant has exclusive rights, and as associated marks trade marks of which the exclusive portion forms a part (sec. 25).
A series of trade marks of the same owner may be registered on one registration as associated marks (sec. 26).
Provision is made for allowing the registration of marks used upon or in connection with goods by an association (or person) which undertakes the examination of goods in respect of origin, material, mode of manufacture, quality, accuracy or other char acteristic, and certifies the result of the examination by marks used upon or in connection with the goods. These marks cannot be registered unless the Board of Trade consider their registration of public advantage. Their registration is not conditional on the association or person being a trader or having goodwill in con nection with the examination or certification. The registration gives the association or person the rights of the owner of a regis tered trade mark, except that assignment and transmission needs permission of the Board of Trade (sec. 62).
In respect of cotton piece-goods, marks consisting of a line heading alone or a word alone are not registrable, and no word or line heading is treated as distinctive in respect of such goods. In respect of cotton yarn the same rule applies with respect to words, and no registration of any cotton mark (in respect of cotton piece goods or cotton yarn: Trade Marks Act, 1914, sec. I) gives any exclusive right to the use of a word, letter, numeral, line, heading or combination thereof (sec. 64 [1o]).
By sec. 68, which is a re-enactment of sec. 105 of the Patent, etc., Act, 1883, it is made illegal for any person without the au thority of the King to use the royal arms in any trade in such a manner as to create the belief that he has authority so to do.
Registries.—The central register of trade marks is kept at the Patent Office, Southampton buildings, London, and is under the charge of the comptroller-general of patents, designs and trade marks, who is appointed by, and acts under the superintendence of, the Board of Trade, and has a deputy—the registrar of trade marks. There is a branch registry at Manchester, whose chief
officer is the keeper of cotton marks, which deals with all appli cations for the registration of trade marks for cotton goods falling within classes 23, 24, 25 in sched. 3 of the Trade Marks Rules, 1906.
There is a branch at Sheffield containing the marks for metal goods ("Sheffield marks") registered by persons carrying on busi ness in or within 6 m. of Hallamshire. The care of this register is vested in the Cutlers' company, who are substituted for the comptroller as to registration of "Sheffield marks" (sec. 63). Applications made to the company are notified to the registrar, and may not be proceeded with if he objects. Any person ag grieved by the registrar's objection may appeal to the court.
Applications made to the registrar for metal marks are notified to the Cutlers' company. Persons aggrieved by the decision of the Cutlers' company have an appeal to the courts (sec. A trade mark must be registered in respect of particular goods or classes of goods (sec. 8). The procedure for obtaining regis tration is regulated by the acts of 1905-19 and the statutory rules made thereunder (March 9, 1920, and Sept. 29, 1925). The registrar has power to refuse applications or accept them abso lutely or subject to conditions, amendments and modifications (sec. 12). His discretion is not absolute, but subject to the pro visions of the act (Re Birmingham Small Arms Co.'s Application, 1907, 2 Ch. 396), and must not be unreasonable or capricious (Eno v. Dunn, 1890, 15 A.C. 252; Registrar of T.M. v. W. and G. Du Cros, Ltd., 1913, A.C. 624; In re Garrett, 1916,i Ch. He must, if required, state his reasons, and his decision is subject to appeal to the Board of Trade or the court at the option of the applicant (sec. 12 [3]).
"New marks" may not be placed on the register except by order of the court for any goods or description of goods which are identical with marks already on the register with respect to the same goods, etc., or so nearly resemble a registered mark as to be calculated to deceive (sec. 19).