The Secretary to the Prime Minister's Department asks for advice as to whether Mr A.B.C., Chemist, of Sydney, has the right to use the British Royal Coat of Arms in connection with his place of business.

It appears that Mr C. was appointed Chemist to several successive Governors-General of the Commonwealth, but has not been appointed Chemist to the present Governor-General, although Sir Munro Ferguson has made purchases from him.

Section 113 of the Trade Marks Act 1905-1912 is as follows:

113 No person shall without the authority of the King, or of some member of the Royal Family, or of the Governor-General, or of the Governor of a State, or of some Department of the Government of the Commonwealth or a State (proof whereof shall lie upon the person accused), assume or use in connexion with any trade business calling or profession the Royal Arms or the Arms of the Commonwealth, or arms so nearly resembling the Royal Arms or the Arms of the Commonwealth as to be likely to deceive, in such a manner as to be likely to lead other persons to believe that he is carrying on his trade business calling or profession by or under such authority.

Penalty : Twenty pounds.

I am of opinion that the continued use by Mr C. of the Royal Arms in connection with his business is an offence against this section.

[Vol. 14, p. 74]