Trade-mark Regulations




Nov. 14.] THE NEW ZEALAND GAZETTE. 1163

Contents of request.

  1. Every such request shall state the name, address, and
    description of the person claiming to be entitled to the trade-
    mark (hereinafter called "the claimant"), and the particulars
    of the assignment, transmission, or other operation of law
    by virtue of which he requires to be entered in the register
    as proprietor, so as to show the manner in which, and the
    person or persons to whom, the trade-mark has been assigned
    or transmitted, and so as to show further that it has been
    so assigned or transmitted in connection with the goodwill
    of the business concerned in the particular goods or classes
    of goods for which the trade-mark has been registered.

Declaration to accompany request.

  1. Every such request shall be accompanied by a statu-
    tory declaration to be thereunder written, verifying the
    several statements therein, and declaring that the particulars
    above described comprise every material fact and document
    affecting the proprietorship of the trade-mark as claimed by
    such request.

Further proof of title if required.

  1. The claimant shall furnish to the Registrar such other
    proof of title and of the existence and ownership of such
    goodwill as aforesaid as he may require.

Body corporate.

  1. A body corporate may be registered as proprietor by
    its corporate name.

Registrar may require statement from rival claimants.

  1. Whether all of the persons claiming to be registered
    as proprietors of the same trade-mark require to be heard
    before the Registrar or not, he may, before exercising the
    discretion vested in him by section 78 of the said Act,
    require such persons, or any or either of them, to submit a
    statement in writing within a time to be notified by him, or
    to attend before him and make oral explanations with re-
    spect to such matters as the Registrar may require.

Removal of mark from register.

  1. Where a trade-mark has to be removed from the
    register for non-payment of the prescribed fee or otherwise
    under the provisions of the said Act, the Registrar shall
    cause to be entered in the register a record of such re-
    moval, and the cause thereof.

Alteration of address in register.

  1. If the registered proprietor of a trade-mark send to
    the Registrar, together with the prescribed fee, notice of an
    alteration in his address, the Registrar shall alter the register
    accordingly.

Publication of rectification or variation of register.

  1. Whenever an order is made by the Court for making,
    expunging, or varying an entry from or in the register, the
    Registrar shall, if he thinks that such rectification or varia-
    tion should be made public, publish, by advertisement or
    otherwise, in such manner as he thinks just, and at the
    expense of the person applying for the same, the circum-
    stances attending the rectification or variation in the
    register.

Notice to Registrar of order of Court for alteration of trade-
mark under section 119 of Act.

  1. Whenever the registered proprietor of any trade-mark
    intends to apply for the leave of the Court to add to or to
    alter such trade-mark under section 119 of the said Act, the
    notice to be given to the Registrar shall be given twenty-one
    days at least before such application. If leave be granted on
    such application, the applicant shall forthwith supply to the
    Registrar such a number of representations of the trade-
    mark, as altered, as the Registrar may deem sufficient.

Dispensing with evidence.

  1. Where under these rules any person is required to do
    any act or thing, or to sign any document, or to make any
    declaration on behalf of himself or of any body corporate, or
    any document or evidence is required to be produced to or left
    with the Registrar, or at the Patent Office, and it is shown
    to the satisfaction of the Registrar that from any reasonable
    cause such person is unable to do such act or thing, or to
    sign such document, or make such declaration, or that such
    document or evidence cannot be produced or left as afore-
    said, it shall be lawful for the Registrar, upon the produc-
    tion of such other evidence, and subject to such terms as he
    may think fit, to dispense with any such act or thing,
    document, declaration, or evidence.

Amendment of documents.

  1. Any document or drawing or other representation of a
    trade-mark for the amending of which no special provision is
    made by the said Act may be amended, and any irregularity
    in procedure which in the opinion of the Registrar may be
    obviated without detriment to the interests of any person
    may be corrected, if the Registrar think fit, and on such
    terms as he may direct.

Registrar may enlarge time.

  1. The time prescribed by these rules for doing any act,
    or taking any proceedings thereunder, may be enlarged by
    the Registrar, if he think fit, upon such notice to other
    parties, and upon such terms, as he may direct.

SCHEDULE.

GENERAL NOTE.—Any wares made of mixed materials (for
example, of both cotton and silk) shall be included in such
one of the classes appropriated to those materials as the
Registrar may require.

CLASSIFICATION OF GOODS.

NOTE.—The goods mentioned are by way of illustration,
and not as an exhaustive list of the contents of a class.

Class 1.

Chemical substances used in manufactures, photography,
or philosophical research, and anti-corrosives—such as acids,
including vegetable acids; alkalies; artists' colours; pig-
ments; mineral dyes.

Class 2.

Chemical substances used for agricultural, horticultural,
veterinary, and sanitary purposes—such as artificial ma-
nure; cattle medicines; deodorisers; vermin-destroyers.

Class 3.

Chemical substances prepared for use in medicine and
pharmacy—such as cod-liver oil; medicated articles; patent
medicines; plasters; rhubarb.

Class 4.

Raw or partly-prepared vegetable, animal, and mineral
substances used in manufactures, not included in other
classes—such as resins; oils used in manufactures and not
included in other classes; dyes, other than mineral; tanning
substances; fibrous substances (e.g., cotton, hemp, flax,
jute); wool; silk; bristles; hair; feathers; cork; seeds;
coal; coke; bone; sponge.

Class 5.

Unwrought and partly-wrought metals used in manufac-
ture—such as iron and steel, pig or cast; iron, rough; iron,
bar and rail, including rails for railways; iron, bolt and rod;
iron, sheet, and boiler- and armour-plates; iron, hoop; lead,
pig; lead, rolled; lead, sheet; wire; copper; zinc; gold, in
ingots.

Class 6.

Machinery of all kinds, and parts of machinery, except
agricultural and horticultural machines included in Class 7—
such as steam-engines; boilers; pneumatic machines;
hydraulic machines; locomotives; sewing machines; weigh-
ing machines; machine tools; mining machinery; fire-
engines.

Class 7.

Agricultural and horticultural machinery, and parts of
such machinery—such as ploughs; drilling machines; reap-
ing machines; threshing machines; churns; cyder-presses;
chaff-cutters.

Class 8.

Philosophical instruments, scientific instruments, and
apparatus for useful purposes. Instruments and apparatus
for teaching—such as mathematical instruments; gauges;
logs; spectacles; educational appliances.

Class 9.

Musical instruments.

Class 10.

Horological instruments.

Class 11.

Instruments, apparatus, and contrivances, not medicated,
for surgical or curative purposes, or in relation to the health
of men or animals—such as bandages; friction-gloves;
lancets; fleams; enemas.

Class 12.

Cutlery and edge tools—such as knives; forks; scissors;
shears; files; saws.

Class 13.

Metal goods not included in other classes—such as anvils;
keys; basins (metal); needles; hoes; shovels; corkscrews.

Class 14.

Goods of precious metals (including aluminium, nickel,
Britannia metal, &c.) and jewellery, and imitations of such
goods and jewellery—such as plate; clock-cases and pencil-
cases of such metals; Sheffield and other plated goods; gilt-
and ormolu-work.

Class 15.

Glass—such as window- and plate-glass; painted glass;
glass mosaic; glass beads.

Class 16.

Porcelain and earthenware—such as china; stoneware;
terra cotta; statuary porcelain; tiles; bricks.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1889, No 64





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🏭 Trade-mark Regulations (continued from previous page)

🏭 Trade, Customs & Industry
Trade-marks, Registration, Proprietorship, Regulations, Patent Office