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Dáil Éireann díospóireacht -
Thursday, 24 Jan 1963

Vol. 199 No. 3

Committee on Finance. - Trade Marks Bill, 1962— Money Resolution.

I move:

That it is expedient to authorise such payments out of moneys provided by the Oireachtas as are necessary to give effect to any Act of the present session to make new provisions in respect of trade marks and related matters, in substitution for the provisions of Part IV and (so far as it relates to trade marks) Part V of the Industrial and Commercial Property (Protection) Act, 1927, and other enactments relating thereto, and to provide for other matters connected with the matters aforesaid.

On the Money Resolution, would the Minister give some information further to that which he was good enough to give me in reply to the question I put down in relation to the number of applications made, on the one hand, and the number of withdrawals and refusals, on the other? I quite appreciate what the Minister has told me, that up to four years ago, there was no special tabulation of withdrawals and refusals, as such, but inevitably there was tabulation of the number of applications, as I understand it. Without question, there must be tabulation of the number of acceptances and, therefore, subtracting one from the other, there would inevitably be information as to the number. Perhaps refusals, withdrawals, and applications not proceeded with are not under a separate heading, but there must be a residual figure and that would give us tantamount information.

I admit quite frankly that perhaps I made a mistake in putting my question down for written answer. I did so because it was a tabular statement, but if I had got that written answer verbally, I would not have accepted it. There must be information in the Trade Marks Office showing the number of applications in each year. There must be information showing the number of acceptances in each year and, therefore, there must be a residual figure, and I do not see why the Minister cannot give that figure.

I cannot deal specifically with the matter which has just been raised but I do know that in latter years there has been an increasing number of applications for the registration of descriptive marks. As trading increases, naturally there will be a tendency to seek registration of marks in respect of more and more goods and varieties of goods. I am informed that applications for descriptive marks are inevitable in such cases, and any prudent controller of marks using his discretion will be more hesitant in allowing registration of that type of mark. I have a note with regard to the specific question raised by the Deputy that the number of refusals in any one year does not necessarily relate to the applications in that same year and there are carry-overs.

Agreed. It is probably more likely that figures of acceptances would relate to the preceding year rather than to the year in which the applications were filed.

Taking a five year period up to the year ending 31st March, 1962, the total acceptances were 68.2 per cent. and I am informed that our total is better than the total in Britain for the corresponding period. I cannot give the Deputy much more help, but if further information is available to me before the end of the debate, and if the Deputy wants to raise the matter again, I shall try to answer him if I can.

I shall try to get a more specific question before Report Stage.

Question put and agreed to.
Resolution reported and agreed to.
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