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Tuesday, 28 November 1905


Mr McCAY (Corinella) - The English Act uses the words " or some predecessor in his business " where the Bill contains the words " or his predecessor in business," the reason doubtless being to make it clear that any predecessor is meant, because there may have been more than one devolution of a business. I therefore move -

That the words " his predecessor in," paragraph i, be left put, with a view to insert in lieu thereof the words " some predecessor in his."

Amendment agreed to.

Amendment (by Mr. Isaacs) agreed toThat the words " as a trade mark," paragraph 6, be left out.

Mr. McCAY(Corinella).- Paragraph e, although its object is similar, differs in verbiage from the English Act. The Bill reads : " A word or words having no reference to the character or quality of the goods"; .whereas the English Act says: " having no direct reference."


Mr Isaacs - I do not understand the word " direct." There is no explanation given with regard to it.


Mr McCAY - I was puzzled to know what " direct reference " meant. Then the clause reads, " and not being a geographical name used, or likely to be understood in a geographical sense," whereas the English Act says, " not being, according to its ordir-nary signification, a geographical name."

I should like to know what is a geographical name used in a non-geographical sense?


Mr Watson - Suppose that a shoe not made on the Danube were called a "Danube " shoe, the name would not be used in its geographical sense.


Mr McCAY -- 1 have always understood that the idea was to prevent the regis tration of geographical names. If you were permitted to call a shoe a " Danube " shoe because no shoes were manufactured there, you would have to discontinue that description as soon as shoes were made there. I prefer the simple and direct prohibition provided for in the English Act.







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