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Thursday, 7 December 1905

Senator KEATING (Tasmania) (Honorary Minister) . - It is a purely drafting amendment. Some doubts were cast on what the construction of the omitted words might be. and the intention is net out more fully in the amended form of the clause.

Motion agreed to.

Clause 9 -

(1)   The proprietor of a trade mark in use in any State at the commencement of this Act may make application for the registration of his trade mark under this Act.

(2)   The application shall, subject to paragraphs (3), (4),and (5),of this section, be dealt with in the same manner as other applications for the registration of trade marks.

House of Representatives' Amendments.- Before " proprietor " insert " unregistered " ; after " (4) " insert " (4a) " and insert new sub-clause. " (4A) Where the same trade mark, or a nearly identical trade mark, is owned or registered by another proprietor, in any part of the Commonwealth, in respect of the same goods, the trade mark may be registered subject to such conditions and limitations as to mode or place of user or otherwise as the Registrar Law Officer or Court thinks fit to impose to preserve the rights of each proprietor."

Motion (by Senator Keating) proposed -

That the amendments be agreed to.

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