§ Amendments reported (according to Order).
§ Registration of trade marks in Part B.
§ 2.—(1) Where any mark has for not less than two years been bona fide used in the United Kingdom upon or in connection with any goods (whether for sale in the United Kingdom or exportation abroad), for the purpose of indicating that they are the goods of the proprietor of the mark by virtue of manufacture, selection, certification, dealing with or offering for sale, the person claiming to be the proprietor of the mark may apply in writing to the registrar in the prescribed manner to have the mark entered as his registered trade mark in Part B. of the register in respect of such goods.
§ (2) The registrar shall consider every such application for registration of a trade mark in Part B. of the register, and if it appears to him after such search, if any, as the registrar may deem necessary that the application is inconsistent with the provisions of section eleven or section nineteen of the principal Act, or if he is not satisfied that the mark has been so used as aforesaid, or is incapable of distinguishing the goods of the applicant, he may refuse the application or may accept it, subject to conditions, amendments or modifications as to the goods or classes of goods in respect of which the mark is to be registered, or to such limitations, if any, as to mode or place of user or otherwise as he may think right to impose, and in any other case he shall accept the application.
§ LORD MOULTON moved, in Clause 2, subsection (2), after "or is," to omit the word "incapable" and to substitute the word "capable." The noble and learned Lord said: This Amendment is to correct a curious mistake which has arisen in the re-printing of the Bill as amended in Committee. The word "incapable" has been inserted instead of the word "capable." The Amendment which I had down originally remedied the defect by inserting four or five other words, but I think the object would be best attained by substituting the word "capable" for the word "incapable." I desire to move my Amendment accordingly.
§
Amendment moved—
Page 2, line 10, omit ("incapable") and insert ("capable").—(Lord Moulton.)
§ VISCOUNT PEELI think that will meet the difficulty.
§ On Question, Amendment agreed to.
§ LORD EMMOTT moved to delete from the Second Schedule the following words: 'In subsection (11) of Section 64, after the 936 word 'refused' the words 'lapsed, expired, withdrawn, abandoned, cancelled' shall be omitted."
§ The noble Lord said: When I moved this Amendment the other night in Committee the Government promised to consider the matter. Since that time I think they have had ample proof that the Manchester people desire the Amendment of which I have given notice. It was suggested to me that it was unnecessary because the lapsed, expired, and other marks now being used would in future be able to be registered under Part B of the Bill. That was not the case. They wanted the continuance of the search for Part A purposes. I can explain the matter further if the noble Viscount desires, but if he is able to meet me I shall be glad to save the time of the House.
§
Amendment moved—
Second Schedule, page 9, leave out lines 18 to 20.—(Lord Emmott.)
§ VISCOUNT PEELThe attitude of the Government is that they are not really convinced of the necessity for the retention of these words; but, as I understand that the matter is pressed strongly by the Manchester Chamber of Commerce, the Government do not wish to offer any opposition if my noble friend presses the Amendment.
§ LORD EMMOTTI do press it.
§ On Question, Amendment agreed to.