A GERMAN PATENT

Dominion, Volume 8, Issue 2414, 20 March 1915, Page 5

A GERMAN PATENT

ITS SUSPENSION ASKED FOR

"MATADOR" LAMPS AND STOVES The first case of its kind in New Zealand to suspend or declare void a German patent was heard before the Eegistrar of Trade Harks (Mr J. C. Lewis) yesterday, when Messrs. Baldwin uad Eayward,- patent agents (represented by Mr. E. S. Baldwin), mado application for the voidance or suspension of a trade mark granted to an enemy subject. The application was made on behalf of the Australian Manufacturing and Importing Company, Ltd., who have offices in Woodward Street, Wellington. The pat-' ent consists of the word "Matador," registered No. 11136, bearing date March 19, 1913. The patent is registered in Class 13, for lamps, lanterns, and sundries, by Ehricli and Graetz, of Berlin, lamp manufacturers, and tho application was brought under tho Patents, Designs and Trade Marks Amendment Act, 11)14, which empowers the Governor, by Order-in-Couucil, to make regulations and do all things necessary for the avoidance and suspension of enemy patents. Mr. Baldwin briefly stated his case, and there was no one present in opposition. The Registrar said that the. Act utid Eules appeared to be chiefly intended to provide for the avoidance or suspension of tho patents and registration of trade marks of alien enemies in order that the goods hitherto received from them might be made and sold, and, where necessary, the names they were known by used, by others, so that the public would not be deprived of the goods or the means cf distinguishing them. In the case of trade marks, goods were frequently known and sold by a particular name, which not only served the ordinary purpose of a trade mark in denoting that tho goods bearing it were made or sold by the same manufacturer or trader, but was descriptive to some extent of the goods themselves, and bad, in fact, in certain respects become a trade name. This was more particularly the case where goods of some originality' in their composition or manufacture had been put on the market. In those cases, as a general thlc, where articles hitherto imported from countries with which we were now at war weTe mado and sold bore, it woulu seem to be necessary for the purposes of identification that the "nmne _by which they wore known should continue to be used for them, and the registration either suspended or avoided t\> enable that to be done. Cases Particularly Concerned. The cases more particularly concerned appeared to be those— (1) Where the trade mark was the name of a patented article, and a license was granted under the namo protecting it. (2) Where it was the only-i-ame or only practicable name of an article manufactured under an expired patent, which had been granted in this country or elsewhere. (3) Where it was the name or only practicable name of an article manufactured in accordance with a known process or a formula which had been published or which was well known in the trade. According to the practice in- the United Kingdom, continued the Eegistrar, of which particulars were unfortunately not yet available, suspension was not as an ordinary rule granted in the case of pictorial devicos, and in order to succeed in those and other cases where the mark was not also the name of the arb'cle, it was apparently necessary for the applicant to show such special circumstances in the case as to warrant the avoidance or suspension of the registration. Sole Wholesale Distributors. Tn support of his application, and in answer to the points raised by tho Eegistrar, Mr. Baldwin nut in a declaration by Frank Henry Waldemar Cowper, Sydney, i director of the Australian Manufacturing and Importing Co., Ltd., who said that for several years past the said company had been the sole wholesale distributors in New Zealarrd of Inmp heaters and the like poods under the trade-mark "Matador." Such lamp heaters or parts thereto had been manufactured in Berlin, and in some cases tho unmanufactured or partly-niamifnctnred narts liad been sent to their order to New Zealand, and had been completed or assembled by workmen employed by them. To the best of his knowledge no person or firm had at any time dealt in any of tho said poods in New Zealand, under such trade-marks. Tt was the intention of the company to continue to deal in the said goods, and to manufacture or partly-mannfacture them in New Zealand, provided that the present registration should be avoided in accordance with the present application. If tho registration of the trade-mark was not avoided, it was held that there would be no inducement for tho comDany to continu" to deal with the enods. and there would be importation of inferior goods from foreign countries. Mr. T. Balllnger's Vlewi. A declaration was also put in by Thos. Ballinger, of the firm of Thos. Ballinger and Co., Ltd., who said that for a considerable time his firm had dealt in lamp stoves to which the trade-mark, "Matador," had been applied. He believed it would be of advantage to this country if the stoves under the trade mark were assembled, manufactured, or partly manufactured lieTe, instead of being imported from a foreign country. It would be of considerable inducement to a manufacturing firm to undertake the manufacture of the eaid stoves if they wero granted Ithe sole right to designate them as the "Matador." If the said trade mark wero allowed to remain'- upon, the register as at present it would facilitate the recovery of the trade of the German registrants after the war. Protection Desired. The Eegistrar: Tou contend that you would be seriously prejudiced if you cannot get control of the market? Mr. Baldwin: Ten; we have been to a considerable amount of expense by advertising and putting out travellers, and my company would be under a loss if we cannot get control. We want to be in a position ithat we can take action against any other persons coming in and infringing the patent. So far as New Zealand was concerned, the reputation of the artiolo had been built up by the applicants. Further, Mr. Baldwin pointed out that there was no doubt of the applicants being a. German company. Tn addition to Mr. Cowper and another, ho and Mr. Eayward were the directors. Tho Eegistrar: It would be just as well if we had somebody to give evidence as to ithose points. Mr. Baldwin: We could not bring the principal witnesses from Australia without great expense. He contended that it was in _ the interests of tho public that, tho artiole should be manufactured here under the name "Matador." There was a considerable demand for the goods; >i. fact, last year they could not' get sufficient to supply tho demand. Mr. Baldwin suggested that if the revocation rould not be allowed, tho suspension should be for the period of the wa>, and for a time after war, at the discretion of the Government. The Eegifitrar: Of course I have onlf to report on this matter. I cannot sug gest in any way what my report will be. In conclusion, the Eegistrar stated thai it would take some little time to con sider tho matter. Tho Teport would be mado to the Governor, and the result announced in due course.