HC Deb 02 July 1937 vol 325 cc2364-6

Amendments made:

In page 7, line 6, leave out "trade mark when registered," and insert "registered trade mark."

In line 10, leave out "trade mark when registered," and insert "registered trade mark."

In page 8, line 36, leave out "person," and insert "of the persons."

In line 39, leave out "such person," and insert "of those persons."—[Captain Wallace.]

1.17 p.m.

The Solicitor-General

I beg to move, in page 10, line 9, at the end, to insert: (7) Where an assignment in respect of any goods of a trade mark that is at the time of the assignment used in a business in those goods is made after the commencement of this Act otherwise than in connection with the goodwill of that business the assignment shall not take effect until the following requirements have been satisfied, that is to say, the assignee must, not later than the expiration of six months from the date on which the assignment is made or within such extended period, if any, as the Registrar may allow, apply to him for directions with respect to the advertisement of the assignment, and must advertise it in such form and manner and within such period as the Registrar may direct. This Clause introduces an innovation into our law of trade marks. Hitherto a trade mark has only been assignable in connection with the goodwill of a business in which the trade mark is used. As a result of the recommendations of the Committee and a discussion of the matter in Committee, no objection has been raised to the new principle and in future trade marks will be assignable without the goodwill of the business in which they are used. It is thought that there should be some safeguard in such a case, and to meet the case put by hon. Members opposite as well as hon. Members on this side, it was thought that where a trade mark is being assigned in these circumstances of greater freedom, some notification should be given to the consuming public that such assignment has taken place. Accordingly, the Amendment provides that in the case of assignments which for the first time are now being permitted under the Bill such advertisement as the Registrar may require shall be given in such papers as he may direct. It follows the ordinary form of procedure, and it is thought it is the most convenient way to ensure that some notice of the fact of such an assignment shall be brought to the notice of the consuming public.

1.19 p.m.

Mr. Alexander

I am obliged to the Government for having substantially met the criticisms we advanced on this Clause. There is, I understand, some objections still remaining in the minds of some people that there should be this change with regard to the assignment of goodwill in any case, but my own view is that you have met what might be a great injustice to the consumer, when a recognised trade mark with the goodwill has been transferred to some other manufacturer who may not deliver the same quality or, in fact, the same goods. If the Department will ensure that the Clause is really administered and that due advertisement is made to the public of any change in ownership of goodwill, a large part of our criticism has been met, and I do not propose to divide against the Amendment.

Amendment agreed to.