1874
THE NEW ZEALAND GAZETTE.
No. 50

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

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-first day of May, 1912.

Present:

THE HONOURABLE T. MACKENZIE, F.R.G.S.,
PRESIDING IN COUNCIL.

IN pursuance and exercise of the power and authority conferred upon him by section one hundred and twenty-three 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 trade-marks; and doth declare that this Order shall come into force on the first day of July, one thousand nine hundred and twelve.

REGULATIONS.

INTERPRETATION.

1. In these regulations—
   “Agent” means an agent duly authorized to the satisfaction of the Registrar:
   “Office” means the Patent Office:
   “Journal” means “Patent Office Journal.”

FEES.

2. The fees to be paid in pursuance of the said Act, in so far as it relates to trade-marks, shall be the fees specified in the First Schedule to these regulations. All such 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 to these regulations, 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.

CLASSIFICATION OF GOODS.

4. For the purposes of trade-marks registration and of these regulations goods are classified in the manner appearing in the Third Schedule hereto.
   If any doubt arises as to what class any particular description of goods belongs to, the doubt shall be determined by the Registrar.

DOCUMENTS.

5. Subject to any other directions that may be given by the Registrar, all applications, notices, counter-statements, papers having representations affixed, or other documents required by the said Act or by these regulations to be left with or sent to the Registrar, shall be upon foolscap paper of a size of approximately 13 inches by 8 inches, and shall have on the left-hand part thereof a margin of not less than 1½ inches.

6. Any application, statement, notice, or other document authorized or required to be left, made, or given at the Office. or to or with the Registrar or any other person may be sent by prepaid letter through the post. Any document so sent 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. A letter addressed to a registered proprietor of a trade-mark at his address as it appears on the register or address for service, or to any applicant for or person opposing the registration of a trade-mark at the address appearing in the application or notice of opposition or given for service as hereinafter provided shall be deemed to be sufficiently addressed. 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 trade-mark 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 FOR SERVICE.

7. Every applicant for the registration of any trade-mark, and every opponent to such registration, and every agent, who does not reside or carry on business in New Zealand shall, if so required, give an address for service in New Zealand, and such address may be treated as the actual address of such applicant, opponent, or agent for all purposes connected with such application for registration or the opposition thereto.

AGENTS.

8. An application for registration and an opposition to registration, and all other communications between an applicant, an opponent, and the Registrar, and between the proprietor of a registered trade-mark 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. If the proprietor of a registered trade-mark appoints such an agent, service upon the agent of any document relating to such trade-mark 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 trade-mark may be addressed to such agent.

REGISTRABLE TRADE-MARKS.

9. The Registrar may refuse to accept any application upon which the following appear:—
   (a.) The words “Patent,” “Patented,” or “By Royal Letters Patent,” “Registered,” “Registered design,” “Copyright,” “Entered at Stationers’ Hall,” “To counterfeit this is forgery,” or words to like effect.
   (b.) Representations of Their Majesties or of any member of the Royal Family.
   (c.) The device of the Geneva Red Cross, or of the words “Red Cross.”

10. Representations of the Royal Arms or Royal crests, or arms or crests so nearly resembling them as to lead to mistake, or of British Royal Crowns, or of the British national flags, or the word “Royal,” or any other words, letters, or devices calculated to lead persons to think that the applicant has Royal patronage or authorization, may not appear on trade-