of the law will be accepted, and if not so conformable will be returned for correction. VIII. A copy of the Act and the Rules with a particular section marked, sent to any person making an inquiry, is intended as a respectful answer by the office. IX. Information as to subsisting registrations will not be furnished by the office, the registers and indexes being open for inspection free of charge. X. A trademark consisting either of a surname, a geographical name or adjective, or a word having a direct reference to the character or quality of the goods in connection with which it is used, may be registered as a Specific Trademark upon the filing of the prescribed application and payment of the prescribed fee, and upon furnishing the Commissioner with satisfactory evidence, either by statutory declaration or by affidavit, that the mark in question has, through long continued and extensive user thereof in Canada acquired a secondary meaning, and become adapted to distinguish the goods of the applicant. XI. A trademark consisting of the name of an individual, a firm, or a company, or of a surname, if presented in distinctive form, or accompanied by a distinctive device, may be registered as a Trademark upon compliance with the requirements of the Act, Rules and Forms. Form 1. FORMS. Dominion of Canada The Trademark and Design Act Application for registration of a General Trademark. in duplicate.] of the of in the [to be made of a General Trademark, I, [or we] hereby request you to register in the name of which I [or we] verily believe is mine [or ours], on account of having been the first to make use of the same (or, on account of having acquired it from who I [or we] veriley believe, was [or were] the first to make use of the same). I [or we] hereby declare that the said General Trade mark was not in use to my [or our] knowledge by any other person than myself or ourselves] at the time of my [or our] adoption thereof. The said General Trademark consists of [verbal description of the Trademark]. A drawing of the said General Trademark is hereunto annexed. 19—, in the presence of Signed at this the two undersigned witnesses. Witnesses: To the Commissioner of Patents, Ottawa. day of Form II. Application for in duplicate.] I, [or we] Dominion of Canada The Trademark and Design Act registration of a Specific Trademark. [to be made a Specific Trademark which I [or we] verily hereby request you to register in the name of to be used in connection with the sale of believe is mine [or ours] on account of having been the first to make use of the same [or, on account of having acquired it from who, I (or we) verily believe, was (or were) the first to make use of the same]. I [or we] hereby declare that the said Specific Trademark was not in use to my [or our] knowledge by any other person than myself [or ourselves] at the time of my [or our] adoption thereof. The said specific Trademark consists of [verbal description of the Trademark]. A drawing of the said Specific Trademark is hereunto annexed. Application for registration of an Industrial design [to be made in of Canada, hereby request dustrial Design of a of which I [or we] am [or are] the proprietor (s) I or we] declare that the said Industrial Design was not in use to my [or our] knowledge by any other person than myself [or ourselves] at the time of my [or our] adoption thereof. The said Industrial Design consists of [verbal description of the Industrial Design]. A drawing of the said Industrial Design is hereunto annexed. Signed at Witnesses: this two undersigned witnesses. To the Commissioner of Patents, Ottawa. (CANADA) TRADE MARK— THE TRADEMARK AND DESIGN ACT Alteration of registers, ss. 42, 44. Alteration of trademark on order of Exchequer Court, ss. 43, 44. Application (form) for registration of general trademark, page 18. Cancellation of, s. 18. Certificate as evidence, s. 45. Clerical errors, correction of, s. 40. Definitions, ss. 4, 5, 6. Drawings to be sent, s. 13 (1). Duration of, ss. 16, 17. Evidence, certificate as, s. 45. Fees, s. 46. payment of, to Minister of Finance, s. 47. return of, if application refused, s. 48. Forms, s. 39. Fraudulent use of, ss. 19, 20, 21. General trademark- application for, s. 10. definition of, s. 4 (a). Infringement of, ss. 19, 20. penalty for, s. 21. suit by proprietor or his agent, ss. 19, 21, 23 (3). Penalties, s. 21. Registers- alteration of, on order of Exchequer Court, ss. 42, 43. Registration, s. 9. application for, s. 10. reference of to Exchequer Court, s. 12. certificate of, ss. 14, 15. conditions of, s. 13 (1). fees for, ss. 46, 47, 48. refusal of, s. 11. register, s. 8. right conferred by, ss. 13 (2), 20. Regulations, s. 39. Renewal, s. 17. Right of action, s. 19. Seal, s. 7. 825 Specific trademark— duration of, s. 17. ' renewal, of, s. 17. Warranty of, on sale, s. 22. INDUSTRIAL DESIGN Alteration of registers, ss. 42, 44. Alteration of design on order of Exchequer Court, ss. 43, 44. Application (form) for registration, page 20. Assignment of, s. 33. Certificate as evidence, s. 45. Clerical errors, correction of, s. 40. Drawings to be sent, s. 24. Duration of exclusive right to, s. 30. Fees, s. 46. payment of, to Minister of Finance, s. 47. Forms, s. 39. Fraudulent use of, ss. 35, 36. Infringement of, ss. 35, 36. Inspection of registers, s. 41. License to use, s. 33. Mark on article, s. 34. fraudulent, s. 37. Penalties, ss. 36, 37. limitation of actions for, s. 38. Proprietor, who is deemed to be, ss. 28, 32. Protection of design by mark on article, s. 34. Rd. to be marked on article, s. 34. fraudulent use of mark, s. 37. Registers alteration of, on order of Exchequer Court, ss. 42, 44. inspection of, s. 41. Registration application for, s. 24. certificate of, ss. 26, 27, 45. examination of design before, s. 25. fees for, ss. 46, 47, 48. register of, s. 23. refusal of, s. 26. right conferred by, s. 29. Regulations, s. 39. Renewal, s. 30. Right of action, s. 35. Right to, exclusive, ss. 29, 31. duration of, s. 30. SECTION H FORMS OF BILLS AND ANSWERS. DECLARATION. (Warner v. Roehr, Fed. Case No. 17189A.) In the Circuit Court of the United States in and for the HULBERT H. WARNER, trading and doing business under the name and style of H. H. WARNER & Co., V8. FRANK ROEHR. No. 18765. Case. Damages, $25,000. H. H. W., a citizen of the state of New York, trading and doing business under the firm name and style of H. H. W. & Co., at the city of Rochester, in the county of Monroe, in said state of New York, plaintiff, by W. H. B. and J. F. L., his attorneys, complains of F. R., a citizen of the state of Illinois, and residing and doing business at the city of Chicago, in the county of Cook, in the said state of Illinois and in the district aforesaid, defendant, of a plea of trespass on the case. For that whereas, the said plaintiff shows that for several years last past he has been engaged, at the said city of Rochester, in the manufacture and sale of a certain medicinal preparation known as "Warner's Safe Kidney and Liver Cure," which preparation has become widely known through the domain of commerce, and especially in all parts of the United States, as a valuable medicine for various kinds of diseases of human beings. That in the introduction of said medicinal preparation, and to bring it to the attention of the public, he expended in advertising the sum of about five hundred thousand dollars ($500,000), and in various ways has expended enormous sums of money to that end; that for a better protection of his right as proprietor, manufacturer and vendor of said medicine he has caused peculiar bottles to be manufactured to contain the same, which bottles have blown into the glass thereof the name of said medicine, and which name contains a word-symbol, to-wit, the word "Safe," as the essential element of a trademark, and also the symbolic "trademark" consisting of the representation of a fire-proof safe; which said "trademark" is his sole property, no other person, firm or corporation having a right to the use of the same, either in the identical form or in any such near resemblance thereto as might be cal |