§ Minor.
§
In the principal Act.
Section thirty-five.—In subsection (3), after the word "registration" there shall be inserted the word "assignment.
§ LORD TEMPLEMORE moved, in Part I, in the reference to Section 9 of the Trade Marks Act, 1919, after "(1)" to insert "the words or the removal of any trade mark from the Register in respect of any goods',". The noble Lord said: This Amendment is consequential upon the removal from Section 9 (1) of the Act of 1919 of the reference to Section 37 of the Act of 1905. It is to Section 37 that the words proposed to be omitted refer, and they should go with the reference to the section. Section 37 has been replaced by Clause 12 of this Bill.
80§ Amendment moved—
§ Page 41, line 12, after ("(1)") insert ("the words 'or the removal of any trade mark from the Register in respect of any goods',".—(Lord Templemore.)
§ On Question, Amendment agreed to.
§
LORD TEMPLEMORE moved to insert among the references to the principal Act in Part II:
Section sixteen.—For the words 'unless the mark has been accepted' there shall be substituted the words 'unless the application has been accepted'.
The noble Lord said: This Amendment is more or less of a drafting character. It is really for conformity of language. The amended wording is also more accurate, because it is the application and not the mark that is in fact accepted.
§ Amendment moved—
§ Page 42, line 32, at the end insert the said words.—(Lord Templemore.)
§ On Question, Amendment agreed to.
§ LORD TEMPLEMORE moved, in Part II, at the beginning of the reference to Section 35 of the principal Act, after "thirty-five," to insert "In subsection (2), for the word 'Court' there shall be substituted the word 'tribunal'." The noble Lord said: Section 35 of the Trade Marks Act of 1905 authorises the Court to rectify the Register of Trade Marks in certain specified cases. By Section 9 of the Trade Marks Act of 1919, the powers given to the Court by Section 35 were made to be exercisable by the Registrar in certain circumstances. The Amendment now proposed is consequential, the WO "tribunal" being intended to cover both the Court and the Registrar, and it makes clear that the Registrar's powers include those set out in subsection (2) of Section 35; that is to say, the power to decide any question that it may be necessary or expedient to decide in connection with the rectification of the Register.
§ Amendment moved—
§ Page 45, line 18, after ("thirty-five") insert ("In subsection (2), for the word 'Court' there shall be substituted the word tribunal'").—(Lord Templemore.)
§ On Question, Amendment agreed to.
§
LORD TEMPLEMORE moved to include among the references to the principal Act in Part II:
Section fifty-two.—After the words 'secretary or' there shall be inserted the words' an under-secretary or an'.
81
The noble Lord said: As the office of Under-Secretary has been created at the Board of Trade since the Act of 1905 came into force, the next two Amendments are necessary in order to give an occupant of that office the powers given to a Secretary or Assistant Secretary by Section 52 and Section 58 of the Act of 1905.
§ Amendment moved—
§ Page 46, line 14, at end insert the said words.—(Lord Templemore.)
§ On Question, Amendment agreed to.
§
LORD TEMPLEMORE moved to insert in the references to the principal Act in Part II:
Section fifty-eight.—After the words 'a secretary' there shall be inserted the words 'or an under-secretary'.
The noble Lord said: This is consequential. I beg to move.
§ Amendment moved—
§ Page 46, line 15, at end insert the said words.—(Lord Templemore.)
§ On Question, Amendment agreed to.
§ Third Schedule, as amended, agreed to.
§ Remaining Schedule agreed to.