§
Page 7, line 2, at end insert:
("(3) The provisions of the two foregoing subsections shall have effect in the case of an unregistered trade mark used in relation to any goods as they have effect in the case of a registered trade mark registered in respect of any goods, if at the time of the assignment or transmission of the unregistered trade mark it is or was used in the same business as a registered trade mark, and if it is or was assigned or transmitted at the same time and to the same person as that registered trade mark and in respect of goods all of which are goods in relation to which the unregistered trade mark is of was used in that business and in respect of which that registered trade mark is or was assigned or transmitted.")
§ LORD TEMPLEMOREMy Lords, this clause as it stood removed the requirement that the assignment or transmission of a registered trade mark must be accompanied by that of the good will of the business concerned. It left unregistered trade marks where they were in this respect, that is to say, they remained assignable only along with the goodwill of the business concerned. There are objections to the extension of freedom, of transfer without goodwill to unregistered trade marks generally; particularly as these marks are often lacking in distinctiveness, and claims to the exclusive right to their use have frequently not been tested. There are, however, some cases in which it would be desirable to allow unregistered trade marks to be assigned along with registered trade marks without the whole of the goodwill of the business, for example, in cases where there are in use in the same section of the business a number of unregistered trade marks which are variations upon a. registered trade mark. The new subsection (3) accordingly extends the provisions of the clause with regard to the assignment of a registered trade mark without goodwill to an unregistered trade mark passing at the same time as a registered trade mark, to the same assignee, and in respect of goods for which the registered trade mark is transferred and the unregistered trade mark has been used in the same business. I beg to move that the Amendment be agreed to.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Templemore.)
§ On Question, Motion agreed to.