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Thursday, 7 December 1905

Senator KEATING (Tasmania) (Honorary Minister) . - The object of this clause" is that, where application is made for the registration of a trade mark so nearly resembling any trade mark of the applicant already on the register as to be likely to cause confusion, the Registrar may require that the trade mark shall be entered on the register as an associated trade mark. Then it cannot be disposed of by assignment' separately. If that could be done, the public might be misled. By providing that the Registrar may require it to be dealt with as an associated trade mark the public are protected. I move -

That the amendment be agreed to.

Motion agreed to.

Remaining amendments in clause 29, and amendments in clauses 30, 31, and 32 agreed to.

Clause 33 -

(2)   Such application shall be forthwith referred by the Registrar to an examiner, who shall search the register herein provided for, and also the various State registers, and ascertain and report whether the proposed mark has been already wholly or partially appropriated, and the desirability or otherwise of limiting the grants to one or more States.

House of Representatives' Amendment.- Omit all words after " shall " to end of sub-clause 2, and insert " ascertain and report whether the *.rade mark is a registrable trade mark. and whether it is identical with a trade mark already on the register under this Act, or any State Trade

Mark Act, in respect of the like goods or class of goods, or so nearly resembles the latter trade mark as to be likely to deceive, and whether the trade mark or any matter therein is common to the trade."

Motion (by Senator Keating) proposed - -

That the amendment be agreed to.

Senator MACFARLANE(Tasmania).Is the Minister to have power to allot the examiner, or is that to be arrived at bymutual agreement?

Senator Keating - The Registrar will appoint the examiner.

Senator Millen - Will he be a permanent officer?

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