March 20, 1930

LIB

Louis Édouard Fernand Rinfret (Secretary of State of Canada)

Liberal

Mr. RINFRET:

I can see that a large number of members are interested in this bill, Mr. Speaker, .therefore I gladly accept the suggestion of the leader of the opposition. Rather than have the bill referred to a small special committee I will move that it be referred to the select standing committee on banking and commerce.

Topic:   COMPANIES ACT AMENDMENT
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Motion agreed to.


TIMBER MARKING ACT AMENDMENT


Hon. FERNAND RINFRET (Secretary of State) moved the second reading of Bill No. 10, to amend the Timber Marking Act.


?

Some hon. MEMBERS:

Explain.

Topic:   TIMBER MARKING ACT AMENDMENT
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LIB

Louis Édouard Fernand Rinfret (Secretary of State of Canada)

Liberal

Mr. RINFRET:

This is a very simple bill; it contains only one clause. The object of the bill is ito correct an omission in the Timber Marking Act. Unlike other acts of that nature, which are administered by the commissioner of patents, it contains no provision for the cancellation or expunging of a mark once it has been entered in the register. By reason of this defect the situation has arisen whereby a person or a company engaged in the lumbering business, after adopting a timber mark, may make application for registration and find that such registration cannot be made because there is

already recorded an unused mark which has been long abandoned and the original user of which cannot be located. There is no provision in the act for the expunging of such a mark from the records.

I may perhaps add by way of explanation that the timber marks are not very numerous, and are very simple in character. They consist of a cross, dot, one letter or a combination of two letters, and the choice of such marks is limited. It has been suggested to the department that we might have in the Timber Marking Act a provision similar to that contained in the Trade Mark and Design Act, and that is the object of the bill. It is intended to place a section in the Timber Marking Act for that purpose.

Topic:   TIMBER MARKING ACT AMENDMENT
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Motion agreed to, bill read the second time and the house went into committee thereon, Mr. Johnston in the chair. On section 1-Exchequer court may rectify entries.


CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

What do those words "without sufficient cause" mean?

Topic:   TIMBER MARKING ACT AMENDMENT
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LIB

Louis Édouard Fernand Rinfret (Secretary of State of Canada)

Liberal

Mr. RINFRET:

This is exactly the section in the Trade Mark and Design Act.

Topic:   TIMBER MARKING ACT AMENDMENT
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CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

I think something is left out there; it hardly makes good sense. The section reads:

The Exchequer Court of Canada may, on the information of the Attorney General, or at the suit of any person aggrieved by any omission, without sufficient cause, to make any entry in the register of timber marks ....

And so on. I think those are hardly the words of the Trade Mark and Design Act, although I speak wholly from memory. It does not make good sense.

Topic:   TIMBER MARKING ACT AMENDMENT
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LIB

Louis Édouard Fernand Rinfret (Secretary of State of Canada)

Liberal

Mr. RINFRET:

I did not think I could improve on the existing legislation.

Topic:   TIMBER MARKING ACT AMENDMENT
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CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

I do not think the Trade Mark and Design Act reads that way.

Topic:   TIMBER MARKING ACT AMENDMENT
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UFA

Edward Joseph Garland

United Farmers of Alberta

Mr. GARLAND (Bow River):

Would some of the legal gentlemen interpret the words?

Topic:   TIMBER MARKING ACT AMENDMENT
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CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

I think there is something left out.

Topic:   TIMBER MARKING ACT AMENDMENT
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LIB

Louis Édouard Fernand Rinfret (Secretary of State of Canada)

Liberal

Mr. RINFRET:

I do not think I can add to the explanation I have just given, that if a mark has gone out of use the exchequer court has the authority to allow the use of it by new applicants. As to the legal wording of the section, I can only repeat what I said, that it is a reproduction of the section in the Trade Mark and Design Act.

Timber Marking Act

Topic:   TIMBER MARKING ACT AMENDMENT
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CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

I do not think that could be so, because the language is not clear. The proposed section reads:

(1) The Exchequer Court of Canada may, on the information of the attorney general, or at the suit of any person aggrieved by any omission, without sufficient cause, to make any entry in the register of timber marks, or by any entry made or remaining without sufficient cause in any such register, make such order

Topic:   TIMBER MARKING ACT AMENDMENT
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CON
LIB

Louis Édouard Fernand Rinfret (Secretary of State of Canada)

Liberal

Mr. RINFRET:

Section 45 of the Trade

Mark and Design Act reads:

The Exchequer Court of Canada may, on the information of the attorney general, or at the suit of any person aggrieved by any omission, without sufficient cause, to make any entry in the register of trade marks or in the register of industrial designs, or by any entry made without sufficient cause in any such register, make such order for making, expunging or varying any entry in any such register as the court thinks fit; or the court may refuse the application.

Topic:   TIMBER MARKING ACT AMENDMENT
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CON

Richard Bedford Bennett (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BENNETT:

The words "to make any entry" following the words which proceed them are nothing less than meaningless. It is clearly a mistake in the wording.

Topic:   TIMBER MARKING ACT AMENDMENT
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LIB

Ernest Lapointe (Minister of Justice and Attorney General of Canada)

Liberal

Mr. LAPOINTE:

They meant that the

omission must be without sufficient cause.

Topic:   TIMBER MARKING ACT AMENDMENT
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March 20, 1930