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Tuesday, 28 November 1905

Mr CROUCH (Corio) - Is it intended that the common use of a- trade mark in any one State shall preclude any person from obtaining exclusive rights to use it in any other part of the Commonwealth? Surely it is not right that a trade mark shall become common throughout the Commonwealth because it has been in common use in any one State?

Mr. McCAY(Corinella).- The fact that a trade mark has been used by three persons in any one State would be stronger evidence of common user than if it had been used by three several persons in three several States, and therefore the clause should stand.

Clause, as amended, agreed to.

Clause 25 -

Except by order of the Court, the Registrar shall not register in respect of goods a trade mark identical with one belonging to a different proprietor which is already on the register in respect of the like goods, or class of goods, or so nearly resembling such a trade mark as to be likely to deceive.

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