HL Deb 13 July 1937 vol 106 cc361-2

[The references are to Bill No. 45.]

Clause 1, page 2, line 2, leave out ("trade").

Clause 1, page 2, line 2, after ("mark") insert ("shall be construed as references to the use of a printed or other visual representation of the mark, and references therein to the use of a mark").

LORD TEMPLEMORE

My Lords, the omission of the word "trade" is to make this provision wide enough to cover marks which are not trade marks in conformity with Clause 15. The effect of the latter Amendment is to limit the "use" of a trade mark for infringement and other purposes to a printed or other visual use. It makes clear that a mere oral use is not included within the category of infringing acts. I beg to move that these Amendments be agreed to.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Templemore.)

On Question, Motion agreed to.