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Tuesday, 28 November 1905


Mr ISAACS (Indi) (Attorney-General) . - This clause provides that the registration of a trade mark under a State Trade Marks Act shall cease either at the expiration of fourteen years from the commencement of the Act, or before that period if it expires, and, in the ordinary course, would require renewal. The person renewing a trade mark under those circumstances would require to renew it under the Federal Act.

Clause agreed to.

Clause 8 -

(1)   The registered proprietor of a trade mark properly registered in any State under a State Trade Marks Act may make application for the registration of his trade mark under this Act.

(2)   The application shall, subject to paragraphs 3, 4, and 5 of this section, be dealt with in the same manner as other applications for registration of trade marks.

(3)   The trade mark may be registered even if it does not contain the essential particulars required by this Act, but subject, in that case, to such conditions and limitations as to mode or place or period of user as the Registrar, Law Officer, or Court thinks fit to impose.

(4)   Where the same trade mark or a nearly identical trade mark is owned or registered by another proprietor in respect of the same goods the trade mark may be registered subject to such conditions and limitations as to mode or place of user or otherwise as the Registrar, Law Officer, or Court thinks fit to impose to preserve the rights of each proprietor.

(5)   Where the trade mark or a nearly identical trademark is common to the trade in another State it may be registered with an exception as to that State.

(6)   The registration of the trade mark under a State Trade Marks Act shall cease upon its registration under this Act.







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