FUTURMILL

Class [7]
Machinery Products

Lathes; milling machines; machine tools for boring, cutting or grinding, all by a milling process; cutting and grinding tools for use with all the aforesaid goods; and parts and fittings included in Class 7 for all the aforesaid goods. Pursuant to a Decision made on the 8th April 1970, by a Hearing officer acting for the Registrar, and in the matter of an Application under Section 32 of the Trade Marks Act, 1938, by Kysor Industrial Corporation, the Register was, on the 28 Apr 1970, rectified by the total removal therefrom of the memorandum at present entered on the register in respect of Trade Mark No. 840290. The following memorandum is entered in the Register: -"This registration is subject to the terms of an Agreement dated the 31st December, 1965, the benefits and burden of which have been assumed by Kysor Industrial Corporation (called Kysor) upon the transfer to Kysor of the mark, assets and goodwill of Futurmill Inc., the said Agreement being made between Futurmill Inc, of the first part, Futurmill Conversions Limited, now re-named Futurmill Limited (called Futurmill) of the second part, Murex Limited (called Murex) of the third part and Protolite Limited (called Protolite) of the fourth part, whereby Kysor will not without the prior written approval of Futurmill, Murex and Protolite, inter alia, ()1) assign the mark except to a successor of the entire business of Kysor ()2) cancel or abandon the mark otherwise than in accordance with Clauses 5 and 6 of the Agreement ()3) alter the specification of goods ()4) consent to third parties using resembling Trade Marks ()5) violate the conditions as to conditions as for entry of other registered users in Clause 16 of the Agreement or ()6) save in the case of a breach of Clause 14 of the Agreement, cancel the entries of Futurmill, Murex and Protolite as Registered Users of the Mark. Further, the three Registered Users of the Mark have the right to institute proceedings for infringement each in its own name without prior approval of Kysor and have the right to enforce the said Agreement against assigns of Kysor".