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Tuesday, 28 November 1905

Mr WILSON (Corangamite) - The AttorneyGeneral has said that where two different persons have the right of user in two different States, the rights of both will be preserved.

Mr Isaacs - Two exclusive users.

Mr WILSON - Will not this sub-clause lead to great confusion ? A trade mark registered under the Commonwealth law would extend over the whole of Australia.

Mr Isaacs - No. This is to prevent confusion. In the circumstances I have mentioned the registration is to apply, except in that State in which another man has an exclusive right. We have to preserve existing rights.

Mr WILSON - Certainly.

Mr Isaacs - If A has an exclusive right in New South Wales, and Ban exclusive right in Victoria, and either registers under the Bill, he must register subject to the existing right of the other.

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