HC Deb 08 August 1919 vol 119 cc776-7

As amended (in the Standing Committee) considered.

SECOND SCHEDULE.
MINOR AMENDMENTS OF PRINCIPAL ACT.
Section Amended. Nature of Amendment.
Section 16 After the words "the register shall" there shall be inserted the words "unless the mark has been accepted in error or."
Mr. HOOD

I beg to move, after paragraph on Section 16, to insert

"Section 22 But the registrar may permit registration of a mark or any modification thereof in favour of the assignee."
My proposal is to add the provision of Section 22 of the Act of 1905. Under that section the proprietor may assign part of his goodwill in respect, for example, of foreign trade, and the practice in the past was to allow the assignee to effect a new registration limited to use in foreign territory. That practice, which was very useful, has been discontinued except in the case of new marks applied for. The assignee is only permitted to register the assignment under the original registra- tion and does not obtain a settled registration in respect of the assigned interest. The real object of the Amendment is to enable the assignee to get a certificate for use of the assignment in foreign countries in favour of the assignee himself which would permit registration in foreign countries with any small modifications necessary. It is a matter for internal organisation at the Trade Marks Office.

Sir E. POLLOCK

I am sorry to say I remain of the same opinion as when we discussed this question overnight. I had one view and my hon. Friend had another, and we find ourselves to-day much where we were yesterday. The question of assignment is adequately dealt with in Section 33. If what my hon. Friend means is that he wants to have some assignment which may enable a mark which has been granted in England to run into other districts I am not in accord with the view he presents. I think the matter is really one of administration rather than anything else. As I do not doubt that the matter has hitherto been properly dealt with I am not prepared to make any change. The Bill amply covers the point my hon. Friend desires to meet so far as it ought to be met.

Amendment negatived.

Motion made, and Question, "That the Bill be now read the third time," put, and agreed to.

Bill accordingly read the third time, and passed.