JUNE 8.] THE NEW ZEALAND GAZETTE 1867

Regulations under the Patents, Designs, and Trade-marks Act, 1911, relating to Designs.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fifth day of June, 1912.

Present:

THE HONOURABLE GEO. LAURENSON PRESIDING IN COUNCIL.

IN pursuance and exercise of the power and authority conferred upon him by the one-hundred-and-twenty-third section of the Patents, Designs, and Trade-marks Act, 1911 (hereinafter referred to as “the said Act”), and of all other powers enabling him in that behalf, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulations relating to designs; and doth declare that this Order shall come into force on the first day of July, one thousand nine hundred and twelve.

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REGULATIONS.

INTERPRETATION.

1. IN these regulations--

“Agent” means an agent authorized to the satisfaction of the Registrar:

“Office” means the Patent Office, Wellington:

“Journal” means the Patent Office Journal:

“Specimen” means an article of manufacture or a substance with the design applied to it.

FEES.

2. The fees to be paid in pursuance of the said Act, so far as it relates to designs, shall be the fees specified in the First Schedule hereto.

All fees must be paid in advance in stamps, which must be affixed, uncancelled or undefaced in any way, to the documents (if any) in respect of which the fees are payable.

FORMS.

3. The forms herein referred to are the forms contained in the Second Schedule hereto, and such forms, or forms to the like effect, shall be used in all cases to which they are applicable, and shall be modified as directed by the Registrar to meet other cases.

SETS OF ARTICLES.

4. “Set” means a number of articles of the same general character ordinarily on sale together, or intended to be used together, all bearing the same design, with or without modifications not sufficient to alter the character or not substantially affecting the identity thereof.

Where there is any doubt whether given articles do or do not constitute a set, the doubt shall be determined by the Registrar.

CLASSIFICATION OF GOODS.

5. For the purposes of the registration of designs and of these regulations, goods are classified in the manner appearing in the Third Schedule hereto.

If any doubt arises as to the class to which any particular description of goods belongs, it shall be determined by the Registrar.

DOCUMENTS.

6. Subject to any other directions that may be given by the Registrar, all applications, notices, papers having representations affixed, and other documents required by the said Act or by these regulations to be lodged shall be upon strong paper and, except where otherwise required, on one side only, of a size of approximately 13 inches by 8 inches, and having on the left-hand part thereof a margin of approximately 2 inches.

7. A document lodged by a firm or partnership may be signed in the firm’s name or for and on behalf of the firm or partnership by any one or more members thereof. A document lodged by a body corporate may be signed by a director or by the secretary or other principal officer of such body corporate.

8. Any application, statement, notice, or other document authorized or required to be lodged or to be left, made, or given with or to any person under the said Act or these regulations may be sent by prepaid letter through the post. Any document sent through the post as aforesaid shall be deemed to have been delivered at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service or sending it shall be sufficient to prove that the letter was properly addressed and put into the post. Any document required or authorized to be left at the office may be left at a local Patent Office. An application for the registration of a design shall be deemed to be dated as of the date of its delivery at the Patent Office or local Patent Office, as the case may be.

ADDRESS.

9. Every application shall be accompanied by an address for service to which all communications may be sent by the Registrar. If an applicant or a registered proprietor lives out of New Zealand, and has not furnished an address for service in New Zealand, the Registrar need not send to him any notice which under these regulations the Registrar is required to send.

Where an applicant lives out of New Zealand, he shall, if required, furnish the Registrar with an address for service within New Zealand, and until he does so the Registrar need not proceed with the examination of his application.

When such address for service is furnished it shall, on the registration of the design, be entered in the register as the address for service of the proprietor.

AGENTS.

10. An application for registration and all other communications between an applicant and the Registrar, or between the registered proprietor of a design and the Registrar, may be made by or through an agent duly authorized to the satisfaction of the Registrar, and not being debarred from recognition on any of the grounds set out in the said Act or the regulations for the time being in force thereunder.

Any such applicant or proprietor may appoint an agent to represent him in the matter of the design by signing and sending to the Registrar an authority in writing to that effect in the form No. 1 in the Second Schedule hereto, or in such other form as the Registrar deems sufficient. In case any registered proprietor of a design appoints such an agent, service upon such agent of any document relating to such design shall be deemed to be service upon the person so appointing him, and all communications directed to be made to such person in respect of such design may be addressed to such agent.

APPLICATION FOR REGISTRATION.

11. (1.) An application for registration of a design shall be in the form No. 2 or the form No. 3 in the Second Schedule hereto (as the case may be), shall be signed by the applicant for registration or by his agent, and shall state the class in which the design is to be registered and the article or articles to which the design is to be applied. Where the Registrar so requires, the applicant shall further state for what