1162

THE NEW ZEALAND GAZETTE.

[No. 64

Cross of the Most Distinguished Order of Saint
Michael and Saint George; Governor and Com-
mander-in-Chief in and over Her Majesty's Colony
of New Zealand and its Dependencies, and Vice-
Admiral of the same and issued under the Seal
of the said Colony, at Wellington, this sixth day
of November, in the year of our Lord one thou-
sand eight hundred and eighty-nine.

W. R. RUSSELL.

GOD SAVE THE QUEEN!

Trade-marks and Industrial Designs Rules.

ONSLOW, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fourth
day of November, 1889.

Present:

THE HONOURABLE E. MITCHELSON PRESIDING IN COUNCIL.

IN pursuance of the powers and authorities vested in him
by "The Patents, Designs, and Trade-marks Act, 1889,"
His Excellency the Right Honourable William Hillier, Earl
of Onslow, the Governor of the Colony of New Zealand, act-
ing by and with the advice and consent of the Executive
Council of the said colony, doth hereby make the following
rules and regulations for regulating the practice of registra-
tion under the said Act with respect to trade-marks and
industrial designs, for classifying goods for the purpose of
designs and trade-marks, and generally for regulating the
practice of the Patent Office in relation to each of such
matters respectively, namely:-

TRADE-MARKS RULES.

Short title and commencement.

1. These rules may be cited as the Trade-marks Rules,
   1890, and shall come into operation on the 1st day of Janu-
   ary, 1890.

Interpretation.
2. In the construction of these rules " the said Act" means
"The Patents, Designs, and Trade-marks Act, 1889," and
any words herein used and defined by the said Act shall have
the meanings thereby assigned to them respectively.

Classification of goods.
3. For the purposes of trade-marks registration and of
these rules, goods are classified in the manner appearing in
the Schedule hereto.
If any doubt arises as to what class any particular descrip-
tion of goods belongs to, the doubt shall be determined by
the Registrar.

Application by firm.
4. An application for registration of a trade-mark, if made
by any firm or partnership, may be signed by some one or
more members of such firm or partnership, as the case may
be.
If the application be made by a body corporate, it may be
signed by the secretary or other principal officer of such
body corporate.

Agency.
5. Application for registration and all other communica-
tions between the applicant and the Registrar may be made
by or through an agent duly authorised to the satisfaction of
the Registrar.

Acknowledgment of application.
6. On receipt of the application, the Registrar shall furnish
the applicant with an acknowledgment thereof.

Size, &c. of documents.
7. Subject to any other directions that may be given by
the Registrar, all applications, notices, counter-statements,
representations of marks, papers having representations
affixed, or other documents required by the said Act or by
these rules to be left with or sent to the Registrar, shall be
upon foolscap paper of a size of 13in. by 8in., and shall have
on the left-hand side thereof a margin of not less than 1in.

Qualification of metal goods.
8. In the case of an application for the registration of a
trade-mark used on any metal goods, other than cutlery,
edge tools, and raw steel, the applicant shall state in the
specification of goods in the form of application of what
metal or metals the goods in respect to which he applies
are made.

Representations of trade-marks.
9. In the case of trade-marks exceeding the limits of the
foolscap paper of the size aforesaid, such marks may be
pasted and folded upon the sheets of foolscap.
Where a drawing or other representation or specimen
cannot be given in manner aforesaid, a specimen or copy of
the trade-mark may be sent either of full size or on a
reduced scale, and in such form as the Registrar may think
most convenient.

The Registrar may, if dissatisfied with the representation
of a trade-mark, require a fresh representation, either before
he proceeds with the application or before he registers the
trade-mark.

The Registrar may also, in exceptional cases, require a
specimen or copy of any trade-mark which cannot con-
veniently be shown by a representation, and may refer
thereto in the register in such manner as he may think fit.

Representation of a series of trade-marks.
10. When an application relates to a series of trade-marks
differing from one another in respect of the particulars
mentioned in section 73 of the said Act, a representation of
each trade-mark of the series shall be made or affixed upon
the form of application and also upon each of the separate
half-sheets of paper aforesaid.

Translation of foreign characters.
11. Wherever a mark consists of or includes words printed
in other than Roman character, there shall be given at the
foot or on the back of each representation a translation of
such words, signed by the applicant or his agent, and verified
to the satisfaction of the Registrar.

Means of advertising trade-mark to be supplied to official paper.
12. For the purposes of advertisement, the applicant may
be required to furnish a wood block or electrotype (or more
than one, if necessary) of the trade-mark, of such dimen-
sions as may from time to time be directed by the Registrar,
or with such other information or means of advertising the
trade-mark as may be required by the Registrar; and the
Registrar, if dissatisfied with the block or electrotype fur-
nished by the applicant or his agent, may require a fresh
block or electrotype before proceeding with the advertise-
ment.

Advertisement of series.
13. When an application relates to a series of trade-marks
differing from one another in respect of the particulars men-
tioned in section 73 of the said Act, the applicant may be
required to furnish a wood block or electrotype (or more than
one, if necessary) of any or of each of the trade-marks con-
stituting the series; and the Registrar may, if he thinks fit,
insert with the advertisement of the application a statement
of the manner in respect of which the several trade-marks
differ from one another.

Time of registration of trade-marks.
14. As soon as may be after the expiration of two months
from the date of the first advertisement of the application,
the Registrar shall, subject to opposition or appeal, and the
determination of the Registrar or Court thereon, as the case
may be, if he is satisfied that the applicant is entitled to
registration, and on payment of the prescribed fee, enter
the name, address, and description of the applicant in the
register of trade-marks as the registered proprietor of the
trade-mark in respect of the particular goods or classes of
goods described in the application.

Where applicant dies before registration, the trade-mark may
be registered for successor to goodwill of business.
15. In case of the death of any applicant for a trade-mark
after the date of his application, and before the trade-mark
applied for has been entered on the register, the Registrar,
after the expiration of the prescribed period of advertise-
ment, may, on being satisfied of the applicant's death, enter
on the register, in place of the name of such deceased appli-
cant, the name, address, and description of the person own-
ing the goodwill of the business, if such ownership be proved
to the satisfaction of the Registrar.

Entries to be made in register.
16. Upon registering any trade-mark the Registrar shall
enter in the register the date on which the application for
registration was received by the Registrar (which day shall
be deemed to be the date of the registration) and such other
particulars as he may think necessary.

Notice of registration.
17. The Registrar shall send notice to the applicant of
the registration of his trade-mark, together with a reference
to the advertisement of such trade-mark in the Gazette.

Request by subsequent proprietor.
18. Where a person becomes entitled to a registered trade-
mark by assignment, transmission, or other operation of law,
a request for the entry of his name in the register as pro-
prietor of the trade-mark shall be addressed to the Registrar,
and left at the Patent Office.

Signature of request.
19. Such request shall, in the case of an individual, be
made and signed by the person requiring to be registered as
proprietor, and in the case of a firm or partnership by some
one or more members of such firm or partnership, or in
either case by his or their agent respectively duly authorised
to the satisfaction of the Registrar, and in the case of a
body corporate by their agent, authorised in like manner.