COMMITTEE. (Hansard, 7 August 1875)

§ MR. ALFRED MARTEN (for Mr. HERMON)
, in moving as an Amendment, "That this House will, upon this day two months, resolve itself into the said Committee," said, he wished to call attention to the difficulty of getting a proper definition of the term "trade mark." There had been proposed various definitions, but none which would be effectual and comprehensive for the purposes of a statutory registration of trade marks. The definition in the Act of 1862 in reference to the fraudulent imitation of trade marks was a most extensive one; but in the Bill it was proposed that there should be a far less extensive definition. A good deal of difficulty must arise from having one definition in reference to fraudulent imitation 704 and another in reference to registration. He really thought it would be better for purposes of registration not to undertake the difficult task of definition, but to simply use the term "trade marks "and leave the definition to the ordinary Courts of Law. He recognized the exertions which had been made by the President and Vice President of the Board of Trade with a view to settling the question; but he wished to point out some difficulties which ought to be before the mind of the House in dealing with it, and urged that the greatest care should be taken not to prejudice valuable rights or to inconvenience the complicated and extensive operations of trade.

§ MR. CAVENDISH BENTINCK
said, the opposition arose upon points of detail which would be considered in Committee.

§ MR. CAVENDISH BENTINCK
moved, as an Amendment, in page 5, line 28, after "distinctive," insert "device, mark, heading." It had been deemed undesirable by the Select Committee to take the unworkable definition of the previous Act. The Bill with the present Amendment would, he thought, put an end to the practice of pirating trade marks, by giving a property in them to the owner on registration.

§ MR. CAVENDISH BENTINCK
moved, at the end of the clause, the addition of the words— But the provisions of this Act conferring a special jurisdiction on the Court as above defined shall, not excepting so far as such jurisdiction extends, affect the jurisdiction of any Court in Scotland and Ireland in causes, actions, suits, or proceedings relating to trade marks; and, if the register requires to be rectified in consequence of any proceedings in any such Court in 705 Scotland or Ireland, due notice of such requirements shall be given to the registrar, and he shall rectify the register accordingly.

§ THE LORD ADVOCATE
said, the paragraph was framed by the Solicitor General for Ireland and himself in conjunction with the Vice President of the Board of Trade, it being thought desirable that causes should be tried in the country in which the mark was registered.