§ Sir RICHARD COOPERasked the Minister of Reconstruction whether, with view of assisting in the development of the British chemical industry on the conclusion of peace, he will suggest to the Registrar of Trade Marks that he should, at an early date, exercise his powers under Section 35 (3) of the Trade Marks Act, 1905, and apply to the Court for an order expunging from the Registrar of Trade Marks the names of articles the patents for which have expired, which names have been retained on the register after the expiration of the letters patent?
§ Dr. ADDISONI would refer the hon. Baronet to the reply given to-day by the President of the Board of Trade to his question on this subject.
§ Sir R. COOPERasked the President of the Board of Trade whether, seeing that there is no ready and inexpensive method by which the public can ascertain what trade marks are publici juris, he will insert provisions in the Trade Marks Bill which he hopes to introduce shortly under which the register of trade marks shall be required to publish annually, or at other intervals, a list of trade marks which, owing to their removal from the register of trade marks, or to other causes, have become publici juris?
§ Mr. WARDLEA list of trade marks which have been cancelled or removed from the register through non-payment of fees or any other cause appears every week in the "Trade Marks Journal," published by the Patent Office. Information1666W as to the position of any particular mark can be obtained on application to the Patent Office. How far the proprietors of trade marks removed from the Register have lost all common law rights and the marks have become publici juris can only be determined in a Court of law, having regard to the circumstances of each particular case.
§ Sir R. COOPERasked the President of the Board of Trade whether he is aware that by the Rules drawn up under the Trade Marks (Temporary Rules) Act, 1914, the person applying for the avoidance or suspension of registered trade marks, including those that are the names of articles the patents for which have expired, must prove that he intends manufacturing, or causing to be manufactured, the goods in respect of which the trade mark is registered, also that chemical manufacturers are handicapped, owing to difficulties created by the War, in extending their works and taking up new manufactures; and whether, on this account, he will consider the advisability, in the public interest, of instructing the Registrar of Trade Marks to exercise his powers under Section 35 (3) of the Trade Marks Act, 1905, and apply to the Court for an order expunging from the Register of Trade Marks the names of articles the patents for which have expired, which names have been retained on the register after the expiration of the letters patent?
§ Mr. WARDLEThe effect of the Rules under the Temporary Rules Acts is correctly stated by the hon. Baronet. I am advised that Section 35 (3) only gives power to the registrar to apply to the Court in case of fraud; and that it could not be appropriately employed to effect the removal of the marks referred to. It is open to anyone, however, who is aggrieved by any entry wrongly remaining on the register to apply to the Court for removal of the mark under Section 35 (1). As my hon. Friend will be aware, there are provisions in the new Trade Marks Bill dealing with the removal from the register of word trade marks which are used as the names of articles.
§ Sir R. COOPERasked the Comptroller of the Household, as representing the National Health Insurance Commissioners, whether he is aware that in connection with the supply of drugs under the medical benefit of the National Insurance Act many insurance committees have issued 1667W instructions to medical practitioners and chemists on the panels to abstain respectively from prescribing and dispensing drugs under names which, on account of their being registered as trade marks for articles the patents for which have expired, cause the drugs hearing the names referred to to be sold at a higher price than when such drugs are sold under a name which is not registered as a, trade mark; and, seeing that medical practitioners generally employ the drugs under the name by which these were first introduced, and under which they were known during the continuance of the letters patent, he will cause instructions to be issued to insurance committees directing their attention to the fact than the names of patented articles become publici juris on the expiry of the letters patent?
§ Sir E. CORNWALLMy hon. Friend would appear to be under some misapprehension as regards practice for national health insurance, and I can only refer him to the suggestion made by me on the 12th November, in answer to his question of that date, that he should furnish me with particulars of the circumstances which he has in mind in order that I may have the necessary inquiries made.