GERMAN TRADE MARK

Evening Post, Volume LXXXIX, Issue 66, 19 March 1915, Page 8

GERMAN TRADE MARK

APPLICATION FOR VOIDANCE FIRST CASE OF KIND IN NEW ZEALAND. The first case in New Zealand for the voidance of a trade mark granted to an enemy subject was brought by Messrs. Baldwin and Ray ward, on behalf of the Australian Manufacturing and Importing Company, Ltd.. of Sydney. Tho trade mark in question, No. 11136, bearing date 19th March, 1913, is the name "Matador," registered for lamps, lanterns, and sundries, manufactured by Enrich and Graetz, of Berlin, lamp manufacturers. The application . Was heard by Mr. J. C. Lewis, the Registrar of Trade Marks, to-day. Mr. E. S.i Baldwin presented the case on behalf of the company in the shape of a declaration by one Frank Henry Wakkniar Cowper, Haymarket, Sydney, a director of the company, and also declarations by two other persons. Mr. Cowper stated that for several years past his company had distributed lamp heaters and other sundries under the trade mark "Matador," and in some cases the parts had been put together in Australia. Mr. Baldwin pointed out that at present the company could not defend any infringement of the trade m?rk, and the application was brought with the object of securing the sole right to the trade mark. It was intended to manufacture articles in Australia under '.he trade mark, and also in New Zealand. None of the members of the company was an enemy subject. The action was not brought with any feeling of antagonism to the German firm, but merely because the Australian company wanted to preserve its rights under this trade mark. Under the present war conditions,, the rights were liable to infringement. The Australian company had no connection with the German company, nor any share in the business. They were simply distributors of the goods. He suggested that the suspension should be for the duration of the war, and a period after at the discretion of the Governor in Council. Unless the company could get control of the trade mark, there would be no inducement to manufacture. The declara-' tion of Mr. Thomas BaUinger Was that it would be considerable inducement to a manufacturing firm to undertake the manufacture of the stoves, if they were granted the sole right to designate them as "Matador." Mr. Cowper, in his declaration, said that if the present registration were not voided there would be an importation of inferior goods from foreign countries, and considerable tratle would be lost to the British Empire, and there would also be tho loss of manufacturing trade in New Zealand. The Registrar said he would take time to consider the matter, which would be reported to His Excellency the Governor, and an announcement would be made in due course.