HL Deb 09 February 1937 vol 104 cc64-81

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Templemore.)

On Question, Motion agreed to.

House in Committee accordingly:

[The EARL OF ONSLOW in the Chair.]

Clause 1 agreed to.

Clause 2:

Registrability in Part A of the Register.

(2) In the said Section nine, for the words from "For the purposes of this section" to the end of the section there shall be substituted the following words: For the purposes of this section 'distinctive' shall mean adapted, in relation to the goods in respect of which a trade mark is registered or proposed to be registered, to distinguish goods with which the proprietor thereof is or may be connected in the course of trade from goods in the case of which no such connection subsists, either generally or, where the trade mark is registered or proposed to be registered subject to limitations, in relation to use within the extent of the registration.

LORD TEMPLEMORE moved, in subsection (2), to leave out "thereof" and insert "of the trade mark." The noble Lord said: This is purely for clarity. The words "proprietor thereof" might be taken in the context in which they appear to refer to the goods, whereas they should, of course, refer to the proprietor of the trade mark. I beg to move.

Amendment moved—

Page 2, line 22, leave out ("thereof") and insert ("of the trade mark.")—(Lord Templemore.)

On Question, Amendment agreed to.

Clause 2, as amended, agreed to.

Clause 3 [Registrability in Part B of the Register and provisions as to registrations therein]:

LORD TEMPLEMORE

The Amendment to this clause, also is for clarity, for the reasons mentioned in connection with the previous Amendment.

Amendment moved—

Page 2, line 42, leave out ("thereof") and insert ("of the trade mark.")—(Lord Templemore.)

On Question, Amendment agreed to.

Clause 3, as amended, agreed to.

Clause 4:

Words used as name or description of an article or substance.

4.—(1) The registration in Part A or Part B of the Register of a trade mark which consists of or comprises a word or words shall not be deemed to have been originally invalid, or to have become invalid, by reason of any use of the word or words as the name or description of an article or substance, unless it is proved either—

  1. (a) that there had been before the date of the registration, or has been, as the case may be, a well-known and established use of the word or words as the name or description of the article or substance by a person or persons carrying on a trade therein, not being use by the proprietor or a registered user of the trade mark, and that such use continues; or
  2. (b) that the article or substance was formerly manufactured under a patent (being a patent in force at, or granted after the passing of, the Trade Marks Act, 1919), that a period of two years or more after the cesser of the patent had elapsed at the date of the registration, or has elapsed, as the case may be, and that the word or words is or are the only practicable name or description of the article or substance.

(2) Where the facts mentioned in paragraph (a) or (b) of the foregoing subsection are proved, then, notwithstanding anything in Section forty-one of the principal Act,—

  1. (a) the registration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the same description, shall be deemed for the purposes of Section thirty-five of the principal Act to be an entry made in the Register without sufficient cause, or an entry wrongly remaining on the Register, as the case may be; and
  2. (b) for the purposes of any other legal proceedings relating to the trade mark, all 66 rights of the proprietor to the exclusive use thereof in relation to the article or substance in question or to any goods of the same description, whether under the common law or by registration, shall be deemed to have ceased on the date at which the use mentioned in paragraph (a) of the last foregoing subsection first became well known and established, or at the expiration of the period of two years mentioned in paragraph (b) of the last foregoing subsection.

LORD TEMPLEMORE moved, in subsection (1), to leave out all words down to and including "word or words," where they occur for the second time, and insert "The registration of a trade mark shall not be deemed to have been originally invalid, or to have become invalid, by reason only of any use of a word or words which the trade mark contains or of which it consists." The noble Lord said: With your Lordships' permission, in moving this Amendment I will deal with all the Amendments to subsections (1) and (2) of Clause 4 together, because they all really work to the same end. Clause 4 deals with cases where a trade mark consisting of a word or words has become the name or description of the article or substance in connection with which the mark was used. Subsection (1) of the clause as drafted distinguishes between the case in which the trade mark consists entirely of the word or words, and the case in which it merely comprises those words, for example, where there is also in the trade mark a device. The clause as it stands, however, does not work out the consequences of this difference. The Amendments provide that, in the case where the mark consists of nothing more than the word or words, and the conditions of paragraph (a) or paragraph (b) of subsection (1) are proved, the whole of the mark shall go. In the case, however, where there is other matter in the mark, that matter may be sufficient to save the mark as a whole, and all that is then necessary is to provide, as the Amendments do provide, that the proprietor of the mark shall not have exclusive rights in the word or words alone.

Amendment moved—

Page 3, line 34, leave out from the beginning to ("as") in line 38 and insert ("The registration of a trade mark shall not be deemed to have been originally invalid, or to have become invalid, by reason only of any use of a word or words which the trade mark contains or of which it consists').—(Lord Templemore.)

On Question, Amendment agreed to.

LORD TEMPLEMORE

I beg to move the next Amendment standing in my name.

Page 3, line 39, leave out ("unless") and insert ("but if").—(Lord Templemore.)

On Question, Amendment agreed to.

LORD TEMPLEMORE

I beg to move the next Amendment.

Amendment moved—

Page 4, line 15, at end insert ("the provisions of the next succeeding subsection shall have effect").—(Lord Templemore.)

On Question, Amendment agreed to.

LORD TEMPLEMORE

I beg to move the next Amendment.

Amendment moved—

Page 4, line 17, after ("proved") insert ("with respect to any word or words ")—(Lord Templemore.)

On Question, Amendment agreed to.

LORD TEMPLEMORE

I beg to move the next Amendment on the Paper.

Amendment moved—

Page 4, line 20, at the beginning insert ("if the trade mark consists solely of that word or those words").—(Lord Templemore.)

On Question, Amendment agreed to.

LORD TEMPLEMORE

I beg to move the next Amendment, to insert words after paragraph (a) of subsection (2).

Amendment moved—

Page 4, line 27, leave out ("and") and insert— ("(b) if the trade mark contains that word or those words and other matter, the Court or the Registrar, in deciding whether the trade mark shall remain on the Register, so far as regards registration in respect of the article or substance in question and of any goods of the same description, may in case of a decision in favour of its remaining on the Register require as a condition thereof that the proprietor shall disclaim any right to the exclusive use in relation to that article or substance and any goods of the same description of that word or those words, so however, that no disclaimer upon the Register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made; and").—(Lord Templemore.)

On Question, Amendment agreed to.

LORD TEMPLEMORE

I beg to move the next Amendment.

Amendment moved—

Page 4, line 29, leave out from ("mark") to ("in") in line 30 and insert— ("(i) if the trade mark consists solely of that word or those words, all rights of the proprietor to the exclusive use of the trade mark, or (ii) if the trade mark contains that word or those words and other matter, all rights of the proprietor to the exclusive use of that word or those words,").—(Lord Templemore.)

On Question, Amendment agreed to.

LORD TEMPLEMORE

The next two amendments are drafting Amendments. It is more correct to say that it is the registration which is to be deemed to be an entry made in the Register without sufficient cause, or an entry wrongly remaining on the Register, than to say that the word itself shall have those disabilities.

Amendments moved—

Page 5, line 2, leave out ("word which") and insert ("registration in force")

line 3, leave out ("is on the Register").—(Lord Templemore.)

On Question, Amendments agreed to.

Clause 4, as amended, agreed to.

Clause 5:

Preliminary advice by Registrar as to distinctiveness.

5.—(1) The power to give to a person who proposes to apply for the registration of a trade mark in Part A or Part B of the Register advice as to whether the trade mark appears to the Registrar prima facie to be inherently adapted to distinguish, or capable of distinguishing, as the case may be, shall be a function of the Registrar under the Grade Marks Acts.

LORD TEMPLEMORE moved to inert after subsection (1): (2) Any such person as aforesaid who is desirous of obtaining such advice as aforesaid must make application to the Registrar therefor in the prescribed manner. The noble Lord said: This addition to the clause will enable a form to be prescribed for making application to the Registrar for advice as to the distinctiveness of the mark. I beg to move.

Amendment moved—

Page 5, line 27, at end insert the said new subsection.—(Lord Templemore.)

On Question, Amendment agreed to.

Clause 5, as amended, agreed to.

Clause 6:

Prohibition of registration of deceptive, &c., matter.

6. It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would be likely to deceive or cause confusion, or would be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous design.

The foregoing provisions of this section shall have effect in substitution for the provisions of Section eleven of the principal Act, and accordingly that section shall be repealed.

LORD TEMPLEMORE

I beg to move the two Amendments on this clause. The effect of them is that they restore the wording of Section 11 of the present Act to the extent that the likelihood of deception must be such as to disentitle the mark to protection in a Court of Justice. As printed, the clause might be held to prevent the registration of a trade mark which, by reason of long user, had acquired such distinctiveness as to entitle it to protection, merely because some small degree of deception or confusion would be likely to result from its use.

Amendments moved—

Page 5, line 41, leave out ("be") and insert ("by reason of its being")

Page 5, line 41,leave out the second ("would") and insert ("otherwise").—(Lord Templemore.)

On Question, Amendments agreed to.

Clause 6, as amended, agreed to.

Clause 7:

Assignment and transmission of trade marks.

(7) The retrospective provisions of this section shall have effect without prejudice to any determination of a competent tribunal which has been made before the date of the commencement of this Act or to the determination of any appeal from a determination so made, or to any title acquired by a purchaser for money or money's worth before that date.

VISCOUNT BERTIE OF THAME moved, in subsection (7), to leave out "money's worth" and insert "other valuable consideration." The noble Viscount said: I think that "other valuable consideration" is wider than "money's worth," and it is also more usual. I beg to move.

Amendment moved— Page 9, line 1, leave out ("money's worth") and insert ("other valuable consideration").—(Viscount Bertie of Thame.)

LORD TEMPLEMORE

I should be very glad to accept the Amendment of my noble friend in principle, but I am advised that the precise wording of the Amendment is not quite satisfactory. I have, with the help of my advisers, devised an Amendment which would run better as follows: Clause 7, page 9, line 1, leave out from 'acquired' to 'before' in line 2, and insert 'for valuable consideration'. "Valuable consideration" includes money, and it is therefore redundant to leave the word "money" in the Bill along with the words "valuable" consideration."

VISCOUNT BERTIE OF THAME

It is quite true that "valuable consideration" does include "money," but it is very usual in Bills to see "money or other valuable consideration." However, as my noble friend is willing to meet me, I do not raise any objection to his Amendment, and withdraw my own.

Amendment, by leave, withdrawn.

VISCOUNT BERTIE OF THAME

I will now move the Amendment in its new form.

Amendment moved—

Page 9, line 1, leave out from ("acquired") to ("before") in line 2, and insert ("for valuable consideration").—(Viscount Bertie of Thame.)

On Question, Amendment agreed to.

Clause 7, as amended, agreed to.

Clause 8:

Registered users.

(4) Where it is proposed that a person should be registered as a registered user of a trade mark, the proprietor and the proposed registered user must apply in writing to the Registrar in the prescribed manner and must furnish him with a statutory declaration made by the proprietor, or by some person authorised to act on his behalf and approved by the Registrar,— (c) stating any conditions or restrictions proposed with respect to the characteristics of the goods, to the mode or place of permitted use, or to any other matter; and

VISCOUNT BERTIE OF THAME moved, in paragraph (c) of subsection (4), after "other," to insert "relevant." The noble Viscount said: I beg to move.

Amendment moved— Page 10, line 19, after ("other") insert ("relevant").—(Viscount Bertie of Thame.)

LORD TEMPLEMORE

I think my noble friend will see if he studies the context that this Amendment is unnecessary and is based on a misapprehension. The paragraph in which the Amendment is proposed requires an applicant to state any conditions or restrictions which he proposes. Any condition or restriction proposed will be a matter relevant for consideration by the Registrar, and it is therefore necessary to refer with complete generality to the matters with which any conditions or restrictions proposed may deal. In these circumstances I am afraid I cannot accept this Amendment.

VISCOUNT BERTIE OF THAME

I am sorry I have not studied the Bill sufficiently, but my excuse is that it is a very abstruse Bill and very difficult to follow. I beg leave to withdraw.

Amendment, by leave, withdrawn.

VISCOUNT BERTIE OF THAME moved to add to the clause: (8) If any person having possession of any such information required to be regarded as confidential as is referred to in the immediately preceding subsection of this section publishes or wrongfully communicates to any other person any such information he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a period not exceeding three months or to both such imprisonment and fine. The noble Viscount said: It is usual, I think, in cases where persons obtain secret information, that there should be some penalty attached if that information is divulged. There is a similar section in the Census of Production Act, 1906, and also in the Coal Mines Act, 1930. For that reason I beg to move.

Amendment moved— Page 11, line 3, at end insert the said new subsection.—(Viscount Bertie of Thame.)

LORD TEMPLEMORE

I must say that it was with some amusement that I read this Amendment and found my noble friend Lord Bertie was proposing to put penalties into a Government Bill, as he generally is the one who "goes for" the Government because their penalties are too high in various measures. I am afraid that I am unable to accept this Amendment for reasons which I will state. The Amendment makes improper disclosure of information given for the purposes of an application under the clause a criminal offence punishable on summary conviction. The provisions of the clause will lead to the acquisition of confidential information by two classes of persons only: first, the Registrar and his staff; and secondly, persons employed by the applicant. As regards the Registrar and his staff, they are already subject to the severe penalties of the Official Secrets Act for any improper disclosure, and it would be quite wrong in the opinion of the Government that they should be made subject to a different and lesser penalty in proceedings before justices. As regards persons whom the applicant may employ, there can be no justification for making a special provision as regards disclosure of this particular class of information, and to do so would merely tend to confuse and make uncertain the legal obligations of the person employed to his employer. In the course of proceedings relating to trade marks, an agent of course regularly acquires much confidential information, and the fact that he should be under a peculiar liability as regards this particular class of information could not be justified. For these reasons I am afraid that I cannot accept the Amendment.

VISCOUNT BERTIE OF THAME

As these officials are already subject to severe penalties under the Official Secrets Act I shall not press the Amendment. My noble friend said it was peculiar that I "went for" the Government. I hope that I only "go for" the Government when it is right and proper to do so.

Amendment, by leave, withdrawn.

Clause 8 agreed to.

Clauses 9 and 10 agreed to.

Clause 11:

Intention of applicant for registration to use trade mark.

11.—(1) In subsection (1) of Section twelve of the principal Act after the words "trade mark" there shall be inserted the words "used or proposed to be used by him."

(2) An application for the registration of a trade mark in respect of any goods shall not be refused, nor shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trade mark,—

  1. (a) if the tribunal is satisfied that a company is about to be formed and registered under the Companies Act, 1929, and that the applicant intends to assign the trade mark to the company with a view to the use thereof in relation to those goods by the company; or

LORD MELCHETT moved, in paragraph (a) of subsection (1), to leave out "formed and registered under the Companies Act, 1929" and insert "incorporated under the Companies Act, 1929, or otherwise." The noble Lord said: This Amendment refers to the description of companies, which stands in the Bill as "formed and registered under the Companies Act, 1929." I suggest that it would be advisable to alter that wording and say "incorporated under the Companies Act, 1929, or otherwise." If you do not use that wording you exclude Parliamentary companies and companies formed by charter and also companies formed abroad. I beg to move.

Amendment moved— Page 13, line 37, leave out ("formed and registered under the Companies Act, 1929") and insert ("incorporated under the Companies Act, 1929, or otherwise").—(Lord Melchett.)

LORD TEMPLEMORE

I should be glad to accept this Amendment of my noble friend and I would say this in regard to it. The effect which the Amendment is intended to produce is, I think, that paragraph (a) should apply wherever a corporation is about to be constituted by any means. In these circumstances I am advised that it may be desirable to alter the word "company" to the word "corporation" with some consequential drafting Amendments. I should propose to move any Amendments which may be found desirable in this connection on the Report stage. I should propose to give plenty of time between now and Report stage and, if my noble friend will permit me, I or my advisers will communicate with him on the necessary Amendments. On that understanding I accept this Amendment.

On Question, Amendment agreed to.

Clause 11, as amended, agreed to.

Clause 12 [Provisions as to non-use of trade mark]:

LORD TEMPLEMORE

The Amendment to this clause is really drafting only. Its purpose is to make clear that the mark must have remained upon the Register during the whole period of five years and not, as the printed wording might be taken to mean, that it must have been placed upon the Register at some time during the five years.

Amendment moved—

Page 15, line 9, leave out ("registered") and insert ("a registered trade mark").—(Lord Templemore.)

On Question, Amendment agreed to.

Clause 12, as amended, agreed to.

Clause 13:

Defensive trade marks.

13.—(1) Where a trade mark consisting of an invented word or invented words has become so well known as respects any goods in respect of which it is registered and in relation to which it has been used that the use thereof in relation to other goods would be likely to be taken as indicating a connection in the course of trade between those goods and a person entitled to use the trade mark in relation to the first-mentioned goods, then, notwithstanding anything in the last foregoing section or in Section twelve of the principal Act, the trade mark may, on the application in the prescribed manner of the proprietor registered in respect of the first-mentioned goods, be registered in his name in respect of those other goods as a defensive trade mark and, while so registered, shall not be liable to be taken off the Register in respect of those goods under the last foregoing section.

LORD TEMPLEMORE moved, in subsection (1), before "notwithstanding," to insert "notwithstanding that the proprietor registered in respect of the first-mentioned goods does not use or propose to use the trade mark in respect of those other goods and." The noble Lord said: As subsection (1) of Clause 13 is worded it might be taken to mean that nothing in Section twelve is to apply to applications under the subsection, whereas the reference to Section twelve was inserted merely in order to dispense with the requirement—which has been added to Section twelve of the Act by subsection (1) of Clause 11 of the Bill—that the applicant for registration must use or propose to use the mark in respect of the goods in question. The Amendment sets out in plain terms that the requirement is to be dispensed with. I beg to move.

Amendment moved—

Page 16, line 31, after ("then") insert ("notwithstanding that the proprietor registered in respect of the first-mentioned goods does not use or propose to use the trade mark in respect of those other goods and").—(Lord Templemore.)

On Question, Amendment agreed to.

LORD TEMPLEMORE

The next Amendment is consequential, I beg to move.

Amendment moved—

Page 16, line 32, leave out ("or in Section twelve of the principal Act").—(Lord Templemore.)

On Question, Amendment agreed to.

Clause 13, as amended, agreed to.

Clause 14 agreed to.

Clause 15:

Effect of registration in Part A of the Register.

(3) The right to the use of a trade mark given by registration as aforesaid shall not be deemed to be infringed by the use of any such mark as aforesaid by any person—

  1. (a) in relation to goods to which the trade mark has been applied by the proprietor or a registered user thereof;
  2. (b) in relation to goods with which the proprietor or a registered user of the trade mark is connected in the course of trade and which are similar in all material respects to goods to which for the time being the proprietor or a registered user applies the trade mark or to which that person bona fide believes the proprietor or a registered user for the time being to apply the trade mark; or

LORD MELCHETT moved, in paragraph (a) of subsection (3), after "by," to insert "and has not been removed or obliterated by." The noble Lord said: The two Amendments in my name on this clause and also the one on Clause 18 are connected and I do not think it is necessary to deal with them separately. The first is in relation to the question of a trade mark which has been applied by the proprietor to certain goods. There are cases which arise in which the trade mark has been applied and is afterwards removed or obliterated. I have been in touch with the Department in regard to this matter and I believe that what I propose is agreeable to the authorities; at any rate I hope so. This Amendment deals with the case where, when the proprietor has desired to remove a trade mark, an offence might arise if any other person were to put the trade mark back again. As the clause is drafted, if another person were to put the trade mark on the goods, although the proprietor had not obliterated the trade mark, he would not be guilty of an offence. I beg to move.

Amendment moved— Page 19, line 15, after ("by") insert ("and has not been removed or obliterated by").—(Lord Melchett.)

LORD TEMPLEMORE

My noble friend has explained clearly the effect of these Amendments, and I am glad to be able on behalf of the Government to accept the principle of them, but I am not quite sure about the wording. Perhaps, again, the noble Lord would allow me to consider before Report stage the best wording for giving effect to the object he has in view and also any consequential drafting Amendments that may be necessary.

On Question, Amendment agreed to.

LORD MELCHETT

The next Amendment, to omit paragraph (b) of subsection (3), is consequential.

Amendment moved—

Page 19, leave out lines 17 to 24.—(Lord Melchett.)

On Question, Amendment agreed to.

Clause 15, as amended, agreed to.

Clauses 16 and 17 agreed to.

Clause 18:

Certification trade marks.

(4) The right to the use of a certification trade mark given by registration as aforesaid shall not be deemed to be infringed by the use of any such mark as aforesaid by any person—

  1. (a) in relation to goods to which the trade mark has been applied by the proprietor or by another in accordance with his authorisation under the regulations; or

LORD MELCHETT

The Amendment to paragraph (a) of subsection (4) of this clause in my name is consequential upon the Amendments which I have moved to Clause 15. I beg to move.

Amendment moved—

Page 22, line 4o, after the first ("by") insert ("and has not been removed or obliterated by").—(Lord Melchett.)

On Question, Amendment agreed to.

Clause 18, as amended, agreed to.

Clause 19 agreed to.

Clause 20:

Trade marks for textile goods.

20.—(1) The Manchester Branch of the Trade Marks Registry of the Patent Office (in this section referred to as "the Manchester Branch") shall be continued under a chief officer, who shall be styled "the Keeper of 1he Manchester Branch" and shall act under the direction of the Registrar.

(2) The rules shall specify certain of the classes for the time being established for the purposes of the registration of trade marks being such of those classes as consist of, or appear to the Board of Trade to relate materially to, any of the following goods, that is to say, goods included immediately before the commencement of this Act in any of the classes numbered twenty-three to thirty-five and thirty-eight respectively and artificial silk goods) as being classes to which this section applies.

In this section the expression "textile goods" means goods of any of the classes for the time being so specified other than goods of a kind as to which it may be provided by the rules that this section is not to apply thereto.

(5) In respect of textile piece goods—

  1. (a) no mark consisting of a line heading alone shall be registrable as a trade mark;
  2. (b) a line heading shall not be deemed to be adapted to distinguish or capable of distinguishing;
  3. (c) the registration of a trade mark shall not give any exclusive right to the use of a line heading.

(8) Refused marks which, at the commencement of this Act, are included in the collection of refused marks kept under Rules one hundred and twelve to one hundred and sixteen of the Trade Mark Rules, 1920, and are for the time being continued in that collection under the Rules shall be treated for the purposes of Sections nineteen and twenty-one of the principal Act, but for no other purpose, as if they had been registered trade marks.

LORD TEMPLEMORE moved, in subsection (1), to leave out "section" and insert "Act." The noble Lord said: The reason of this Amendment is that the Manchester Branch of the Trade Marks Registry is also referred to in Section 71 of the principal Act, which is amended in the Third Schedule, Part II, of this Bill. The expression "this Act" covers the principal Act and the Bill. I beg to move.

Amendment moved—

Page 24, line 32, leave out ("section") and insert ("Act").—[Lord Templemore.]

On Question, Amendment agreed to.

LORD MELCHETT moved, in subsection (2), to leave out "artificial silk goods" and insert "similar goods made from artificial silk and front other artificial fibres." The noble Lord said: This Amendment is intended to widen the definition of artificial silk goods given in the clause. That is a very narrow expression, and one which it is not always easy to define. I therefore suggest the words "similar goods made from artificial silk and from other artificial fibres." Artificial silk is extending in various directions, and the words "artificial silk" alone are hardly sufficiently comprehensive to deal with the matter. I hope that at any rate the intention of the Amendment will be acceptable to the Government.

Amendment moved— Page 25, line 2, leave out ("artificial silk goods") and insert ("similar goods made from artificial silk and from other artificial fibres").—[Lord Melchett.]

LORD TEMPLEMORE

I am much obliged to the noble Lord. I accept the Amendment.

On Question, Amendment agreed to.

LORD TEMPLEMORE moved, in subsection (5), after "textile" to insert "goods being." The noble Lord said: The use of the expression "textile goods being piece goods" instead of the expression "textile piece goods" makes for precision, because the words "textile goods" are defined in subsection (2) of this clause.

Amendment moved—

Page 25, line 22, after ("textile") insert ("goods being").—(Lord Templemore.)

On Question, Amendment agreed to.

LORD TEMPLEMORE moved, in subsection (8), to leave out "for the time being continued," and to insert "at the time of the application for the registration of a trade mark, included." The noble Lord said: This is to make clear that a refused cotton mark, in order to be citable against a new application for registration, must have been included in the collection of refused marks both at the commencement of the Act and at the time when the application for registration is made.

Amendment moved—

Page 26, line 13, leave out ("for the time being continued") and insert ("at the time of the application for the registration of a trade mark, included").—(Lord Templemore.)

On Question, Amendment agreed to.

Clause 20, as amended, agreed to.

Clauses 21 to 31 agreed to.

Clause 32 [Savings]:

LORD TEMPLEMORE moved, after subsection (2), to insert: (3) Notwithstanding the repeal by this Act of paragraph (c) of subsection (10) of Section sixty-four of the principal Act, no registration as of a date before the date of the commencement of this Act of a cotton mark as defined in that section in respect of cotton piece goods or cotton yarn shall give any exclusive right to the use of any letter, numeral, line heading, or any combination thereof. The noble Lord said: Section sixty-four (10) (c) of the Act of 1905, as subsequently amended, reads as follows: No registration of a cotton mark in respect of cotton piece goods or cotton yarn shall give any exclusive right to the use of any letter, numeral, line heading, or any combination thereof. This provision, among others in Section sixty-four, is repealed by subsection (12) of Clause 20, and the object of this addition to Clause 32 (the Savings Clause) is to prevent that repeal from giving rise, under existing registrations, to any such rights as were expressly excluded by Section sixty-four (10) (c) when the registrations were made.

Amendment moved—

Page 32, line 10, at end insert the said new subsection.—(Lord Templemore.)

On Question, Amendment agreed to.

Clause 32, as amended, agreed to.

Remaining clause agreed to.

First and Second Schedules agreed to.

Third Schedule:

    c79
  1. THIRD SCHEDULE. 4 words
    2. c79
  2. PART I. 32 words
    3. cc79-81
  3. PART II. 621 words