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Tuesday, 28 November 1905


Mr WILKINSON (Moreton) - I should like to know what will happen if the same or nearly thesame trade mark has been registered in two different States, and the proprietors apply almost simultaneously for registration under the Bill?


Mr Isaacs - That case is dealt with in sub-clause 4a.


Mr WILKINSON - It seems to me that there will be a great deal of confusion, because a number of identical trade marks will be in forcewithin the Commonwealth.


Mr Isaacs - We must take facts as we find them, and protect existing rights. There will be no confusion in regard to new trade marks.


Mr WILKINSON - What will be the position if a trade mark has been registered by one person in Queensland and by another in Victoria?


Mr Isaacs - The Queensland proprietor will have the right of sole use in Queensland, and the Victorian proprietor the right of sole use in Victoria".


Mr WILKINSON - The man who has registered in Queensland will not be able to use his trade mark in Victoria, and the man who has registered in Victoria will not be able to use his trade mark in Queensland?


Mr Isaacs - That will be so.


Mr Watson - What else could we provide for?


Mr WILKINSON - I would give priority to the man who first registered under the Bill.

Amendment agreed to.







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