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Tuesday, 5 December 1905


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - I supposed that my arguments had something to do with his acceptance of the amendment:' At any rate, he said that it would probably take six months to make rearrangements. Still, my arguments are as strong now as they were when I first expressed them. I do not think that the honorable and learned gentleman will lose anything by, delaying matters.


Mr Isaacs - This is only a minimum: I will meet the honorable member by agreeing to a period of four months.


Mr DUGALD THOMSON (NORTH SYDNEY, NEW SOUTH WALES) - I think that the period should be six months; but I feel that, under the circumstances, I cannot force the Minister, and must accept four months.

Amendment amended accordingly, and a greed to.

Clause, as amended, agreed to.

Clause 3 (as amended) -

This Act is divided as follows : -

Part VII.-

Amendment (by Mr. Isaacs) agreed to -

That after the figure VII. the words " Workers' Trade Marks " be inserted.

Clause, as amended, agreed to.

Clause 4 (as amended) - " Person " includes a body corporate and a firm.

Amendment (by Mr. Chanter for Mr. Crouch) proposed -

That after the word " firm " the words " and any association of persons " be inserted.

Mr. ISAACS'(Indi- Attorney-General). - A great deal has been said about associations of workers having . the right to register trade marks. When a deputation of employers waited upon me on the 10th August last, they objected to what they termed discrimination. 1 said that I was willing to give thisright to individual workers, and to non-unionized workers, if I may use the word. That we have done. I also asked them: " Do you wish for an employers' union label ?" and Mr. E. E. Smith, who, I think,is president of the organization which waited on me, said : " We do not wish it. We do not want either." Consequently, I did not provide for it in the Bill, though I was willing to do so. The proposal now put forward would, if carried, allow associations of employers to register a trade mark if they wished to do so, but I think that' it would be better to insert the words " and any association of persons, bodies corporate, or firms."


Mr Watson - I understand that the word "person" is not used in clause 73?


Mr ISAACS - No; but this provision has nothing to do with Part VII. of the Bill.It really enlarges the meaning of the word "person," so that not only individuals, but firms, and bodies corporate, not being workers, or associations of them, may register trade marks.


Mr Watson - Butthey will be liable to be met with the objection that they are not the owners of the goods.


Mr ISAACS - That is another matter. They may be the owners of the goods.


Mr Lonsdale - Is this only a pretence?


Mr ISAACS - No. There may be an association of employers who may choose to say : " We will have a combined business, and will register a trade mark for that business." , This provision will enable them to do so.


Mr Chanter - I will amend the amendment, as suggested.

Amendment amended- accordingly.

Mr. LONSDALE(New England).- The amendment is being accepted by the AttorneyGeneral in order to make it appear that he desires to act fairly towards associations of employers as well as associations of workmen. He knows very well, however, that trade marks cannot be registered except by the owners of the goods to which they are to be applied, and that, therefore, the amendment can confer no advantage upon associations of employers who are not the owners of the goods which are to be made the subject of the trade mark. In order to make the provision absolutely fair in its operation, it should have been inserted in Part VII. of the Bill, so that the same colnditions would have applied to associations of employers and workmen.


Mr Isaacs - We could not make provision for employers' associations in a portion of the Bill that relates solely to workers' trade marks.


Mr LONSDALE - If the AttorneyGeneral had desired to act fairly to the employers, he could have inserted another clause. The provision now proposed to be made is a mere sham. So far as I am concerned, the Attorney-General can load up the Bill as he likes. To use his own words, the amendment can do no harm ; but I protest against this humbug in connexion with our legislation.

Amendment, as amended, agreed to.

Clause, as amended, agreed to.

Amendments (by Mr. Isaacs) agreed to -

Clause 12 (Trade Marks Office).

That the following words be added : - " and a sub-office shall be established in every State other than the State in which the Trade Marks Office is established."

That clause 20 be transposed to stand after clause 98 as clause 98 A.

Clause 29 (Associated trade marks).

That the following new sub-clause be inserted at the beginning of the clause : - " (lA.) Where application is made for the regis tration of a trade mark so nearly resembling a trade mark of the applicant which is already on the register as to be likely to deceive or cause confusion if used by a person other than the applicant, the Registrar may require as a condition of registration that the trade marks shall be entered on the register as associated trade marks."

That the following words (inserted in Committee) be left out : - " shall each have all the incidents of an independent trade mark, but." That the following new sub-clause be added : - "Except for the purpose of assignment or transmission and subject to the provisions of this Act as to use of associated trade marks, associated trade marks shall be deemed to be registered independently."

Clause 30 (User of associated trade mark).

That after the words " associated registered trade mark " the following words be inserted : - " or of the trade mark with additions or alterations not substantially affecting its identity."

Clause 31 (Series of trade marks).

That sub-clause 2be left out, with a view to insert in lieu thereof the following words : - " (2) all the trade marks in a series of trade marks so registered shall be deemed to be, and shall be registered as, associated trade marks."

Clause 33 (Lodging of application).

That after the word "office," sub-clause 1, the words "or a sub-office " be inserted ; that after the words (inserted in Committee) "likely to deceive," sub-clause 2, the words " and whether the trade mark or any matter therein is common to the trade " be inserted ; that before the words "the Registrar," sub-clause 3, the words "Subject to this Act" be inserted.

Clause 34 (Appeal).

That the words "Any party," sub-clause 3, be left out, with a view to insert in lieu thereof the words "an applicant."

Clause 59 (Apportionment of marks on dissolution of partnership).

That the words "firm or" and "firms or" wherever occurring be left out.

Clause 60 (Assignment of associated trade marks and series of trade marks).

That the words "and series of trade marks" be left out.

Clause 67 (Correction of register).

That the following new paragraph be inserted : - " (rr.) Striking out any goods or classes of goods from those in respect of which a trade mark is registered."

Clause 97 negatived.

Amendment (by Mr. Isaacs) proposed -

That the following new clause be inserted : - " 6ia. Where a trade mark has been lawfully assigned or transmitted, a notification of the assignment or transmission, in the form and authenticated in the manner prescribed, may be given to the Registrar, who shall thereupon register the assignment."







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