§ Clause 18, page 22, line 22, at end insert ("to the extent to which")
§ Clause 18, page 22, line 23, leave out ("to the inherent adaptability of the mark") and insert ("the mark is inherently adapted")
§ Clause 18, page 22, line 26, leave out ("to the extent to which")
§ Clause 18, page 22, line 41, leave out from ("it") to ("or") in line 42.
§ Clause 18, page 22, line 42, leave out, ("colourably resembling it") and insert ("so nearly resembling it as to be likely to deceive or cause confusion")
§ Clause 18, page 23, line 5, leave out ("to import") and insert ("in a case in which the use is use upon the goods or in physical relation thereto or in an advertising circular, or other advertisement, issued to the public, as importing")
§ Clause 18, page 23, line 7, after the first ("the") insert ("relevant")
§ Clause 18, page 23, line 22, leave out from ("goods") to ("or") in line 27 and insert ("certified by the proprietor of the trade mark if, as to those goods or a bulk of which they form part, the proprietor or another in accordance with his authorisation under the relevant regulations has applied the trade mark and has not subsequently removed or obliterated it, or the proprietor has at any time expressly or impliedly consented to the use of the trade mark")
§ Clause 18, page 23, line 38, at end insert: ("Provided that paragraph (a) of this subsection shall not have effect in the case of use consisting of the application of any such mark as aforesaid to any goods, notwithstanding that they are such goods as are mentioned in that paragraph, if such application is contrary to the relevant regulations.")
§ Clause 18, page 24, line 7, leave out ("and manner")
§ LORD TEMPLEMOREMy Lords, these Amendments are all to Clause 18—that is, the clause dealing with certification trade marks—and as almost all of them follow, or adapt to certification trade marks, Amendments with which we have already dealt this afternoon in their application to ordinary trade marks, perhaps I may take all the Amendments to this clause together. The first three Amendments correspond to those made in 373 Clause 2 in respect of ordinary trade marks registered in Part A of the Register, and are designed to get rid of the word "adaptability" in this case also, as I explained was done by a previous Amendment. The Amendment at page 23, line 5, makes, in respect of certification trade marks, a similar Amendment to that made to Clause 15 with regard to the use of a trade mark in such an expression as "A substitute for 'X'", where "X" is the trade mark. The Amendment at page 23, line 7, is drafting only.
The next Amendment—namely, that at page 23, line 22—corresponds to that made to Clause 15 at page 20 with regard to the use of a mark on its proprietor's own goods after breaking their bulk or with his consent. In the present case, however, there is added—at line 38—a proviso that the mark can be used in the circumstances covered by the paragraph only if such use would not be contrary to the regulations made for governing the use of the particular certification trade mark concerned. The last Amendment is peculiar to this clause and to certification trade marks. leaves out the words "and manner" because it is undesirable to require in the Bill that the manner in which the proprietor is to certify goods shall be dealt with in every case in the regulations governing the use of a certification trade mark, since in general the proprietor will certify by affixing a mark to the goods or authorising it to be affixed thereto, and this is the ordinary manner of use of a trade mark and need not be mentioned in the regulations. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Templemore.)
§ On Question, Motion agreed to.