§ Clause 15, page 59, line 23, leave out from ("or") to ("in") in line 24 and insert ("so nearly resembling it as to be likely to deceive or cause confusion").
§ LORD TEMPLEMOREMy Lords, this clause relates to the effects of registration, and deals in particular with the kind of acts which are to be deemed to constitute infringement of a registered trade mark. As the clause stands, a registered trade mark may be infringed by the use of a mark (a) identical with it, or (b) comprising any of its essential features, or (c) colourably resembling it. It is thought that descriptions (b) and (c) are not sufficiently precise, and the Amendment would replace them by a reference to a mark "so nearly resembling" the mark alleged to be infringed "as to be likely to deceive or cause confusion." These words have the additional advantage that they correspond to similar expressions in other parts of the Bill—for example, in Clause 9. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.— (Lord Templemore.)
§ On Question, Motion agreed to.