COMMONS AMENDMENTS. (Hansard, 13 July 1937)

§ LORD TEMPLEMORE

My Lords, these are all Amendments to subsection (5) of Clause 7 which deals with the assignment of a trade mark in respect of part only of the United Kingdom, and perhaps I may take them together. As the subsection stood, it prohibited generally such an assignment in the case both of registered and unregistered trade marks, but made an exception as regards registered trade marks if, in a particular case, it could be shown to the satisfaction of the Registrar that the results of such an assignment would not be contrary to the public interest. Having regard in particular to the freedom proposed to be given for the assignment of unregistered trade marks in the circumstances set out in the new subsection (3) to this clause, it is thought that the Registrar should have the same powers of approving the assignment of an unregistered trade mark for part only of the United Kingdom, and so taking it out of the ban imposed by subsection (5), as he has in the case of a registered trade mark. This is effected by leaving out the word "registered" from lines 23 and 25 on page 8. The Amendment at page 9, line 7, is intended to make clear that the power of the Registrar to validate an assignment of this sort effected before the commencement of the Act shall, however, apply only to cases of registered trade marks. The other Amendments are of a purely drafting character.