Mark has been brought to the notice of persons in

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Mark has been brought to the " notice of persons in paper-consuming trades here, and the evidence shows that 35 U it is known in certain quarters as indicating goods of the Opponents' manu- ,. facture, Since 1923 it has been ·regist·ered here. " It will he seen from the figures I have quoted that, while the Applicants " commenced to use their Mark in this country after the date when the Oppon- "ents began to use their Mark here, the Applicants.' turnover under their 40 "Mark has been considerably greater than that under the Opponents' Mark "in this country, and that, as I have indicated above, is a circumstance to " which I must attach weight. It tends, I think, to compensate for the some- " what short period of user to which the Applicants can lay claim. I am not " losing sight of the fact that the Opponents themselves had no direct knowledge 45 "of the user of the Applicants' Mark lin this country before August, 19-28, " although their knowledge in 1926 that the Applicants were using the Mark " in the Straits Settlements should have led to the inferenoe that it was prob- " ably also being used dn this country. N or am I losing sight of the consider- " ation that, as I have already found, there is some possibility of confusion 50 "betwe·en the two Marks, particularly having regard to their similarity to Downloaded from by Makerere University user on 03 September 2019
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200 No~ 6.]' REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. rVol.XLIX. I'll the Matter of an Application by Alex. Pirie & Sons Ld., to register a Trade Mark. "the ear. It is clear, however, from a comparison of Section 21 with Sec- " tion 19 and from the explanation of Section 21 given in the case of Maeder's " A pplic~tion, to which I have' already referred, that some small possibility of " confusion occurring is not a bar to registration under Section 21. On the " whole, it seems to me, after weighing the t\VO sides, that the Applicants ~ave 5 " made out their case for registrat.ion under Section 21; and I must consider " whether the registration ought to be subject to any such conditions or limita- " tions as may he imposed under that Section. "In this connection, Mr. Trevor Watson pointed out that the Opponents "have a very large trade in foreign countries, and, he suggested that, if I 10 " decided to register the Applicants'. Mark at 'all, I ought to impose conditions "in respect. of exportation to foreign countries having regard in particular "to the fact that registration here would enable the Applicants to obtain ,., registration in certain other countries where a foreign applicant must show "that his Mark is already registered in his country of origin. To enable 15 "me to consider this aspect of the matter, Mr. Watson expressed his wil- "lingness that any evidence which the Applicants might put in as to their " sales to different countries overseas should be regarded as supplied for my "confidential information only; and the Applicants have filed two Declara- "tions by William Barnes, their Secretary, dated respectively the 8th and 20 "the 26th of May, showing the tonnage of paper which they have sold in " different countries in each of the
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