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Tuesday, 28 November 1905

Mr LONSDALE (New England) - It appears to me that no Court shouldbe empowered to order the registration of a trade mark identical with one already on the register. I could appreciate the advantage of a prohibition attaching to the registration of a trade mark so nearly resembling one already registered as to be likely to deceive, but I do not see why we should go any further.

Mr Isaacs - That is the English law.

Mr LONSDALE - I do not care about that.

Mr Watson - One trade mark may be improperly on the register.

Mr LONSDALE - That is another matter, which is dealt with in other parts of the Bill. If provision were made in regard to the registration of a trade mark identical with one wrongly on the register I should be content.

Mr Isaacs - Two persons may have equal rights of registration, and the Courts have to see that justice is done.

Mr LONSDALE - The Courts are supposed to see that justice is done, but very often we pass Acts which the Judges say they cannot understand.

Clause agreed to.

Clause 26 -

Where the name or a representation of a living person appears on a trade mark, the Registrar may require the applicant to furnish him with the consent of that person, to the name or representation appearing on the trade mark before he proceeds with the registration of the trade mark.

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