25 on the question of merit it is submitted that the

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25 On the question of merit it is submitted that the Application ought to succeed, JVatson K.O:, replied.-It is undesirable that Appl icants, who believe they have a registrable t.rade mark, should delay their application to register until they have acquired user. It is not in the public interest. that the Mark should be regis.tered. 'I'he test of registrahility is not whether the Applicants can use 30 the Mark without interference, but this: the Applicants must prove that there is no possibility of confusion. If registration is allowed here, the Mark may he registered abroad and used in places where the Opponents are already trading, in which case the Opponents may suffer. A trader who chooses-a mark wh ich m,ay be objectionable should either apply at once for registra.tion under 35 Section 19 or, if registration thereunder is refused, he should change to a new mark. It is wrong for him to continue to use an objectionable mark and then to seek to claim such. user as a.n aid to registration under Section 21. The Appl icants are inviting the Court to over-rule the 1929 Official Ruling (ubi supra). It is submitted that the Cou rt should p,ay regard to the view expressed 40 by the Regis trar in his decision as to the degree of likelihood. of possibility of confusion. Clauson J.-This is an appeal from Mr. Lindley, the Assietant-Conuptroller (Trade Marks), acting for the Comptroller-General as Registra,r of Trade 111 arks. The Application before the acting Registrar was, as appears f'rom 45 the terms of his decision, an application hy Alexander Pirie & Sone Limited of Stoneywood Works, Bucksburn, Aberdeenshire, paper manufacturers, for the registration in Part B of the R,egister in Olass 39, in respect of writing paper -nade in Great Britain, of a mark consisting of the words '~Abermill Bond Downloaded from by Makerere University user on 03 September 2019
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'204 'No~ 6.] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. [Vol. XL,IX. In the Matter of an Applicutio'n by Alex. Pirie &: Sons Ld., to register a Trade Mark. made in Gt. Britain." User of the mark was claimed from the 31st of May, 1923. The Application was opposed by Hamanermill Paper Company, of an address in the State of Pennsylvania, united States of America, paper manu- facturers, upon the grounds, as the acting Registra1" stated shor-tly, that, since the year 1911 the Opponents have used the word "Hammermill" as their 5 Trade Mark in the United States of America in respect of writing paper, ledger pap,er, correspondence envelopes and writing pads, and that the 'word has been registered as their Trade Mark in many countries; that since the J'ear 1911 the Opponents have spent considerable sums in advertising in the United States of America their goods sold under their Mark in various 10 periodicals, many of which have circulated in the British Isles, and have sold large quantities of goods under their Mark to the wholesale trade in the United States, some of which goods have been exported to various countries including the British Isles; that the Opponents
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