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Tuesday, 28 November 1905

Mr LONSDALE (New England) - It seems to me that the amendment is somewhat similar to the provisions of the clause. I should like the Attorney-General to explain what will be its effect?

Mr. ISAACS(Indi- Attorney-General). - This clause is to allow the unregistered proprietor of a mark in a State to register under this Bill. We propose, by subclause 4A, to provide that if the same trade mark, or a nearly identical mark, is owned or registered by another proprietor in any part of the Commonwealth in respect of the same goods, the rights of both shall be preserved. Sub-clause 5 provides that where a trade mark, or a nearly identical trade mark is common to the trade in another State, it may be registered with an . exception as to that State Registration is to give no exclusive right as to that

State. But the new sub-clause deals with a case in which another man in another State has an exclusive right to a mark, and provides that the registration of the first applicant is to be subject to that exclusive right.

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