Goodwill and Its Treatment in Accounts

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Gee & Company, 1906 - 168 páginas
 

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Página 141 - ... description of goods which, while resembling each other in the material particulars thereof, yet differ in respect of — (a) Statements of the goods for which they are respectively used or proposed to be used ; or...
Página 23 - A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or surname.
Página 38 - A trade mark when registered shall be assigned and transmitted only in connection with the goodwill of the business concerned in the goods for which it has been registered and shall be determinable with that goodwill.
Página 154 - 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.
Página 145 - Court or a judge so certifies, then in any subsequent action for infringement, the plaintiff in that action on obtaining a final order or judgment in his favour shall have his full costs, charges, and expenses as between solicitor and client, unless the Court or judge trying the action certifies that he ought not to have the same.
Página 138 - Registrar, other than those stated by him, except by leave of the tribunal hearing the appeal. Where any further grounds of objection are taken the applicant shall be entitled to withdraw his application without payment of costs on giving notice as prescribed.
Página 148 - Act, and shall (subject as hereinafter mentioned) be of the same effect as if they were contained in this Act, and shall be judicially noticed.
Página 137 - When an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions, the Registrar shall, as soon as may be after such acceptance, cause the application as accepted to be advertised in the prescribed manner. Such advertisement shall set forth all conditions subject to which the application has been accepted.
Página 20 - trade mark " shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trade mark by virtue of manufacture, selection, certification, dealing with, or offering for sale...
Página 23 - In determining whether a trade mark is so adapted, the " tribunal may, in the case of a trade mark in actual use, take " into consideration the extent to which such user has rendered " such trade mark in fact distinctive for the goods with respect " to which it is registered or proposed to be registered.

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