The Customs Tariff of Canada shall be amended so as to provide that sugar above number 16 Dutch Standard in colour when imported by a recognised sugar refiner, for refining purposes only, upon evidence satisfactory to the Minister of Customs, shall not be subject to these duties, i.e., the duties on sugar over number 16 Dutch standard, specified in item 134 of the Canadian Tariff.

The Canadian Government, failing the adoption of the polariscope standard for tariff classification, will use its best endeavours to establish a more stable colour standard than the present Dutch Standard.

Provided that sugar as defined under item 134 shall receive a preference of not less than 25 per cent. of the duty charged on foreign sugar.

DECLARATION between the Government of the Dominion of Canada and the Governments of the Bahama Islands, Barbados, Bermuda, British Guiana, British Honduras, Jamaica, the Leeward Islands, Trinidad and the Windward Islands respecting Cable Communications supplementary to the Canada-West Indies Trade Agreement, June 18, 1920.-Ottawa, June 18, 1920.*

WITH a view to the further promotion of the purposes of the Canada-West Indies Trade Agreement of even datet the representatives of the Government of Canada and of the Colonies named in the Agreement will recommend for the favourable consideration of their respective Governments that direct British-owned and British-controlled cables should be laid as soon as possible, without waiting for the termination of the Agreement with the West Indian and Panamá Telegraph Company, to connect Bermuda with Barbados, Trinidad, British Guiana, the Windward Islands, the Leeward Islands, and Turks Island or Jamaica.

The Government of Canada will institute enquiries as soon as practicable as to the possibility of arranging for the laying of such cables and will communicate the results of these enquiries to the Governments of the Colonies. Ottawa, June 18, 1920.

GEORGE E. FOSTER.
MARTIN BURRELL.
C. C. BALLANTYNE.

* Parliamentary Paper, Cmd. 864.

+ Page 281.

H. L. DRAYTON.

HARCOURT MALCOLM.

W. L. C. PHILLIPS

(per H. B. G. AUSTIN, Acting Delegate). W. E. JACKSON.

J. M. REID.

H. E. PHILLIPS.

E. ST. J. BRANCH.

DONALD MCDONALD.

H. B. WALCOTT.

HERBERT FERGUSON.

LAW of the Government of the Island of Cyprus to amend the Law relating to Trade Marks.

[No. 17.]

[May 5, 1920.]

Be it enacted by His Excellency the Officer Administering the Government of the Island of Cyprus, with the advice and consent of the Legislative Council thereof, as follows:

PART I.

1. This Law may be cited as The Trade Marks Registration Law, 1920," and shall be read as one with "The Trade Marks Registration Law, 1910"* (hereinafter referred to as the Principal Law), and the Principal Law and this Law may be together cited as "The Trade Marks Registration Laws, 1910 and 1920.”

PART II.-Registration of certain Trade Marks not
registrable under Principal Law.

2. (1.) The register of trade marks kept under the Principal Law shall be divided into two parts to be called respectively Part A and Part B.

(2.) Part A of the register shall comprise all trade marks entered in the register of trade marks at the commencement of this Law and all trade marks which after the commencement of this Law may be registered under the provisions of the Principal Law.

(3.) Part B shall comprise all trade marks registered under this Part of this Law, and all trade marks entered on or removed thereto under this Law.

3.--(1.) Where any mark has for not less than two years been bona fide used in Cyprus upon or in connection with any goods (whether for sale in Cyprus or exportation abroad), for the purpose of indicating that they are the goods of the proprietor of the mark by virtue of manufacture, selection, certification, dealing with or offering for sale, the person claiming to be the proprietor of the mark may apply in writing to the Registrar in the prescribed manner to have the mark entered as his registered trade mark in Part B of the register in respect of such goods.

(2.) The Registrar shall consider every such application for registration of a trade mark in Part B of the register, and if it appears to him, after such search, if any, as he may deem necessary, that the application is inconsistent with the provisions of Section 9 or Section 17 of the Principal Law, or if he is not satisfied that the mark has been so used as aforesaid, or that it is capable of distinguishing the goods of the applicant, he may refuse the application, or may accept it subject to conditions, amendments or modifications as to the goods or classes of goods in respect of which the mark is to be registered, or to such limitations, if any, as to mode or place of user or otherwise as he may think right to impose, and in any other case he shall accept the application.

(3.) Every such application shall be accompanied by a declaration on oath verifying the user, including the date of first user, and such date shall be entered on the register.

(4.) Any such refusal or conditional acceptance shall be subject to appeal to the Court, and, if the ground for refusal is insufficiency of evidence as to user, such refusal shall be without prejudice to any application for registration of the trade mark under the provisions of the Principal Law. (5.) Every such application shall, if accepted, be advertised in accordance with the provisions of the Principal Law.

(6.) A mark may be registered in Part B notwithstanding any registration in Part A by the same proprietor of the same mark or any part or parts thereof.

4. The provisions of the Principal Law as amended by this Law with the exception of those set out in the First Schedule to this Law, shall, subject to the provisions of this Part of this Law, apply in respect of trade marks to which this Part of this Law applies as if they were herein re-enacted and in terms made applicable to this Part of this Law.

5. The registration of a person as the proprietor of a trade mark in Part B of the register shall be prima facie evidence that that person has the exclusive right to the use

of that trade mark, but, in any action for infringement of a trade mark entered in Part B of the register, no injunction, interdict or other relief shall be granted to the owner of the trade mark in respect of such registration, if the defendant establishes to the satisfaction of the Court that the user of which the plaintiff complains is not calculated to deceive or to lead to the belief that the goods the subject of such user were goods manufactured, selected, certified, dealt with or offered for sale by the proprietor of the trade mark.

6. If any person applies for the registration of a trade. mark under the Principal Law in Part A of the register, the Registrar may, if the applicant is willing, instead of refusing the application, treat it as an application for registration in Part B of the register under this Part of this Law and deal with the application accordingly.

PART III.--Provisions for the Prevention of Abuses of
Trade Marks.

7.—(1.) Where in the case of an article or substance manufactured under any patent in force at or granted after the passing of this Law, a word trade mark registered under the Principal Law or Part II of this Law is the name or only practicable name of the article or substance so manufactured, all rights to the exclusive use of such trade mark, whether under the common law or by registration (and notwithstanding the provisions of Section 38 of the Principal Law), shall cease upon the expiration or determination of the patent, and thereafter such word shall not be deemed a distinctive mark and may be removed by the Court from the register on the application of any person aggrieved.

(2.) No word which is the only practicable name or description of any single chemical element or single chemical compound, as distinguished from a mixture, shall be registered as a trade mark, and any such word now or hereafter on the register may, notwithstanding Section 38 of the Principal Law, be removed by the Court from the register on the application of any person aggrieved:

Provided that

(a.) The provisions of this sub-section shall not apply where the mark is used to denote only the proprietor's brand or make of such substance, as distinguished from the substance as made by others, and in association with a suitable and practicable name open to the public use; and

(b.) In the case of marks registered before the passing of this Law, no application under this section for the removal of the mark from the register shall be entertained U 2

[CXIII]