Trade Mark.-Motion to rectify the Register.-Words, iohethe» addition to, or ]]art of mar7c.-Patents, &c. Act, 1888, sections 64 and 74. In 1888, 0., trading as the Compagnie du Vin de St. Raphael, applied to register under the Patents, &c. Act, 1888, a Trade Mark consisting of a label, on 10 which the words "St. Raphael" occurred both in the name of the company and separately. The application '[vas allowed and the label registered. In 1898, a company apJJlied, by motion, for an order to rectify

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... the Register by removing the mark, or by adding to the entry a disclaimer of any right on the part of (J. to the exclusive user of the words "St. Raphael" or "Saint 15 "Raphael." The Applicants alleged that there uiere several towns in France called" St. Raphael," and that there were vineyards at or near each of them, and that one of them uias near a place called Bagnols, in connection with uiliich. name the Respondents had at one time used the 'words "St. Raphael," that the words" St. Raphael" were geographical, and uiere therefore not "fancy 20 "uJords," but uiere at the time of registration prima facie distinctive and open to the trade, and therefore ought to have been disclaimed under section 74 of the Patents, ltc. Act,1888. For the Respondents, it was alleged that they had no connection u"ith any place called "St. Raphael," and that no reference to any such place ioas intended, and it was contended that the words were not an 25 addition to, but an integral part oj, the mark. Held, by KEKEWICH, J.,' that the words "St. Raphael" ioere not shown to be geographical, and, further, that they were not an addition to the mark, but part of it, and that no disclaimer was required. The motion icas dismissed, 'l(Jith costs. The ApJ]licants ajJJJealed.