(b) the expression trade mark' means a mark which is used upon or in connection with goods for the purpose of indicating that they are the goods of the proprietor of the mark by virtue of manufacture, selection, certification, dealing with, or offering for sale, and which is either a registered trade mark within the meaning of the Trade Marks Acts, 1905 to 1919, or a mark which is by reason of user distinctive of goods of the proprietor.

(3) If the Board of Trade are satisfied that, having regard to the special circumstances of the trade, difficulties would arise if this section applied to goods. of any class or description, and that public interests in the United Kingdom would not be materially prejudiced by exempting such goods from the operation of this section, they may direct that this section shall not apply to such goods."-(Sir Philip Cunliffe-Lister).

Question proposed, "That those words be there' added."

Amendment proposed to the proposed Amendment, in line 4, to leave out the word "covering "-(Mr. Riley).— Question again proposed, "That the word 'covering' stand part of the proposed Amendment."

Amendment to the proposed Amendment, by leave, with

drawn.

Amendment, by leave, withdrawn.

Another Amendment proposed, in page 1, line 13, at the end, to add the words :

(2) For the purposes of this section

(a) a name or trade mark shall be deemed to
be applied to goods if it is applied either to
the goods themselves or to any covering,
label, reel, or other thing in or with which the
goods are sold or exposed for sale; and
(b) the expression trade mark means
mark which is used upon or in connection
with goods for the purpose of indicating that

a

10

15

they are the goods of the proprietor of the mark by virtue of manufacture, selection, certification, dealing with, or offering for sale, and which is either a registered trade mark within the meaning of the Trade Marks Acts, 1905 to 1919, or a mark which is by reason of user distinctive of goods of the proprietor.

(3) If the Board of Trade are satisfied that, having regard to the special circumstances of the trade, difficulties would arise if this section applied to 20 goods of any class or description, or goods sold under any particular designation, and that public interests in the United Kingdom would not be materially prejudiced by exempting such goods from the operation of this section, they may direct that this section 25 shall not apply to such goods, or that goods shall not be treated as falling under this section by reason only that they are so designated.

(4) Articles used or to be used for any of the following purposes, that is to say, as coverings, 30 labels, reels or otherwise as articles in or with which goods manufactured or produced in the United Kingdom are or are to be sold or exposed for sale shall be excluded from the operation of this section, notwithstanding that the name or trade mark of a 35 manufacturer, dealer, or trader in the United Kingdom is applied thereto, if the name or mark was applied with his consent"-(Sir Philip Cunliffe-Lister).

Question proposed, "That those words be there added."

Amendment proposed to the proposed Amendment, in line 4, to leave out the word "covering "-(Mr. Barnes).— Question put, "That the word covering' stand part of the proposed Amendment."-The Committee divided:

Mr. Sandeman Allen

Captain Briscoe

Sir Henry Cautley

Captain Cazalet

Sir Burton Chadwick
Mr. Dean

Ayes, 22.

Captain Gunston
Mr. Harland
Mr. Haslam

Mr. Jephcott
Mr. Kidd

Sir Philip Cunliffe-Lister

Ayes-(continued).

Maj.-Gen. Sir Richard Luce Sir Wilfrid Sugden

Sir William Perring

Mr. Basil Peto

Mr. Ramsden

Major Ruggles-Brise

Mr. Tinne

Mr. Herbert Williams
Lieut.-Col. Windsor-Clive
Mr. Womersley

Another Amendment proposed to the proposed Amendment, in line 5, after the word "label," to insert the word "or" (Miss Lawrence).-Question put, "That the word' or ' be there inserted in the proposed Amendment."The Committee divided:

Another Amendment proposed to the proposed Amenddment, in line 6, after the word " sale," to insert the words "in such manner or in such circumstances as to indicate that the name or trade mark is intended to apply to the goods themselves"-(Mr. Albert Alexander). -Question, "That those words be there inserted in the proposed Amendment,"-put, and negatived.

Another Amendment proposed to the proposed Amendment, in line 6, to leave out all the words from the word "sale" to the end of the sub-section-(Mr. Herbert Williams).-Question put, "That the words proposed to be left out stand part of the proposed Amendment."The Committee divided:-

Another Amendment made to the proposed Amendment, in line 17, after the word "satisfied," by inserting the words "after considering such representations (if any) as may be made to them by any persons having a substantial interest in the matter "(Mr. Webb).

Another Amendment proposed to the proposed Amendment, in lines 17 and 18, to leave out the words "having regard to the special circumstances of the trade "-(Mr. Webb).-Question put, "That the words proposed to be. left out stand part of the proposed Amendment."--The Committee divided :

Another Amendment proposed to the proposed Amendment, in line 21, after the word " designation," to insert the words "or to any covering, label, reel or other thing in or which goods are sold or exposed for sale"-(Miss Lawrence).-Question, "That those words be there inserted in the proposed Amendment,"-put, and negatived.

Another Amendment proposed to the proposed Amendment, in line 34, to leave out the word "a," in order to insert the word "any "-(Mr. Webb),-instead thereof.Question proposed, "That the word 'a' stand part of the proposed Amendment."

Amendment to the proposed Amendment, by leave, withdrawn.