Canada. —There is no definition of trade marks which can be registered. All that is said is :—" All marks, names, labels, brands, packages or other business devices which are adopted for use by any person in his trade, business, occupation, or calling, for the purpose of distinguishing any manufacture, product or article of any description manufactured, produced, compounded, packed, or offered for sale by him, applied in any manner whatever either to such manufacture, product or article, or to any package, parcel, case, box, or other vessel or receptacle of any description whatsoever containing the same, shall, for the purposes of this Act, be considered and known as trade marks." Marks are divided into general and particular, defined as follows :— " General trade mark " means a trade mark used in connection with the sale of various articles in which a proprietor deals in his trade, business, occupation, or calling generally. " Specific trade mark " means a trade mark used in connection with the sale of a class merchandise of a particular description. The minister may refuse to register any trade mark " if the so-called trade mark does not contain the essentials necessary to constitute a trade mark, properly speaking." Newfoundland. —Same as column " C." In the provision with regard to old marks the words " before the coming into force of these Consolidated Statutes " are substituted for " before the 13th day of August, 1875." Australia. —Practically the same as " C." The following words correspond with part of " D "; —" In determining whether any particular of a trade mark is distinctive, regard may be had, in the case of a trade mark in actual use, to the extent to which user has rendered the trade mark or the particular distinctive for the goods with respect to which the trade mark is sought to be registered." Certain provisions are made for the transfer to the register of marks already registered in any state in the Commonwealth and also for the registration of marks in use in any state before the passing of the Act. New Zealand. —Same as " C " but with the words " before the first day of January, 1890 (being the date of the coming into operation of the Patents, Designs, and Trade Marks Act, 1889) " substituted for " before the 13th day of August, 1875." Cape Colony. —Same as " C " but with the words " and a copy of the statement and disclaimer shall be entered on the register " omitted, and the words " before the Bth day of August, 1877 " in place of " before the 13th day of August, 1875." Natal. —Same as " B " but without subsection (3).

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A. Trade Marks Registration Act, 1875, Section 10. B. Patents, Designs and Trade Marks Act, 1883, Section 64. C. Patents, Designs and Trade Marks Act, 1888, Section 10. D. Trade Marks Act, 1905 Section 9. any special and distinctive word or words or combination of figures or letters used as a trade mark before the passing of this Act may be registered as such under this Act. (3) Provided that any special and distinctive word or words,letter,figure, or combination of letters or figures or of letters and figures used as a trade mark before the 13th day of August, 1875, may be registered as a trade mark under this part of this Act. (ii.) Provided that any special and distinctive word or words, letter, figure, or combination of letters or figures or of letters and figures used as a trade mark before the 13th day of August, 1875, may be registered as a trade mark under this part of this Act. Provided always that any special or distinctive word or words, letter, numeral, or combination of letters or numerals used as a trade mark by the applicant or his predecessors in business before the 13th day of August, 1875, which has continued to be used (either in its original form or with additions or alterations not substantially affecting the identity of the same) down to the date of the application for registration shall be registrable as a trade mark under this Act. For the purposes of this Section, "distinctive" shall mean adapted to distinguish the goods of the proprietor of the trade mark from those of other persons. In determining whether a trade mark is so adapted, the tribunal may, in the case of a trade mark in actual use, take into consideration the extent to which such user has rendered such trade mark in fact distinctive for the goods with respect to which it is registered or proposed to be registered.