§ Page 20, line 5, leave out from ("goods") to ("or") in line 9, and insert ("connected in the course of trade with the proprietor or a registered user of the trade mark if, as to those goods or a bulk of which they form part, the proprietor or the registered user conforming to the permitted use has applied the trade mark and has not subsequently removed or obliterated it, or has at any time expressly or impliedly consented to the use of the trade mark")
§ LORD TEMPLEMOREMy Lords, the object of this Amendment is twofold. In the first place it is intended to make clear that a trade mark which has been applied to goods in bulk by the proprietor or a registered user of the trade mark and not removed by him may be used upon those goods after the bulk has been broken. This is considered merely to preserve the existing law. It is, of course, subject to the power of prohibition by contract given to the proprietor of a registered trade mark by Clause 17. The latter part of the Amendment is thought to be necessary, now that the acts constituting infringement have been specified in the Bill, in order to preserve the ordinary plea of leave and licence to a defendant claiming that he has used the trade mark on the proper goods with the express or implied consent of the proprietor or registered user. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Templemore.)
§ On Question, Motion agreed to.