If it be said that time of user is small the

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If it be said that time of user is small, the largeness of the user should be con- sidered. In the "Jl otricine" case [Compagnie Industrielle des Petroles' Application, (1907) 24 R.P.C. 585] the application was refused because a single 40 case of confusion might lead to physical danger to the public. In the u Ma8sachusetts" case [Jfas.~achusetts Saw Works' Application, (1918) .35 R.P.C. 137] the word sought to be registered was objectionable because it was a mere laudatory epithet. [The following cases were referred to: In the Matter of an Application by Reddaway & Co. Ld., (1927) 44 R.P.C. 27, at p. 36; 45 In the Matter of .. licD'owell's Application, (1927) 44 R.P.C. 335, at p. 342, and In the Matter of Ap piicatione by the Liverpool Cable Co. Ld., (1929) 46 R.P.C. 99, at p. 120.] It is submitted that there should be the same-reluctance to i nter- fere with the ll,egist1'ar's discretion in the present case as in the case of an Downloaded from by Makerere University user on 03 September 2019
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Vbl. XLIX. ] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. 203 [N o. 6. In the Matter of an Application by Alex. Pirie & Sons Ld., to register a Trade JJfark. . application made under the provisions of Sec~ion 1~ of the Act~ and t~at ~o wrong pr inoiple has been applied by the Reqietrar In the exercise of hIS dIS- crebion and that his decision should be upheld. Bray followed.-Section 21 is of great importance; although few cases under 5 the provisions of the Section come before the Court, m~ny. such cases, a~e heard before the Registrar. [In the Matter oj an Applicatioti by the Die- tributing Corporation. (London) Ld., (192,7) 44 R.P.O. 225, at p. 22.8, was referred to. ] The Registrar exercises his discretion concerning the possibility of confusion between the mark applied for and a mark already registered, ]0 with great stringency when he is dea.Iing with applications made under Section 19 of the Act. That, it is submitted, is a good reason for believing that his discretion will be exercised with less stringency in the ease of an application made under Section 21. A very slight possibility of confusion will prevent registratiol1< as a new mark under Section 19 but should not 15 necessarily be a bar to registration under Section 21. Section 21 should be kept open: the Section itself imposes no limitation. Unless it is clear that the Iieqistrar' 8 discretion has been exercised on wrong principles, it is submitted that, though Reddaway's case was nota Section 21 case, the observa- tions made therein with regard to the Registrar's discretion apply with even 20 greater force in the ease of an application made under Section 21. It is d n the public interest to allow the registration to proceed, and public interest is a matter of importance. The Opponents will not suffer. The Applicants have built up a larg,e trade and no attempt has been made to prevent them from using the mark sought to be registered in connexion with that trade.
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