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Tuesday, 28 November 1905


Mr ISAACS (Indi) (Attorney-General) . - They are .puzzling words, and I shall be glad to omit them. I therefore move -

That the words " but subject to this section, a pictorial representation of goods or words having reference to the character or quality of goods shall not of themselves be deemed distinctive," be left out.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 22 amended to read as follows, o and agreed to -

A trade mark may be limited in whole 01 in part to a particular colour or colours, and in case of any application for the registration of a trade mark, the fact that the trade mark is so limited shall be taken into consideration "by any tribunal in determining whether it is distinctive or not. If a trade mark is registered* without limitation of colour it shall be deemed to be registered for all colours.

Mr. GLYNN(Angas).- Would not this be a convenient time to report progress?


Mr Isaacs - - Oh, dear, no. We have not done anything yet.


Mr GLYNN - We have got through the most contentious part of the Bill, with the exception of the trade union label provisions.


Mr Isaacs - - Then it cannot take long to deal with the rest. I think that we can go further.


Mr GLYNN - Some of us do not live in Melbourne, and cannot take things so easily as those who do.


Mr Kelly - Many of us were travelling all last night, and it cannot be said that we have not addressed ourselves to work today. I think that the present good feeling should be encouraged.

Clause 23 agreed to.

Clause' 24 -

(2)   The fact that a mark is publicly used by more (hart three persons in any one State as a mark on, or in connexion with similar goods, shall be treated as conclusive evidence that it is common to the trade.







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