June 8.] THE NEW ZEALAND GAZETTE. 1875

marks the registration of which is applied for: Provided always that nothing in this regulation shall preclude the Registrar from allowing the registration as an “old mark” (that is, as a mark which was used by the applicant or his predecessors in business before the 1st January, 1890) of any mark which was capable of being so registered before the Patents, Designs, and Trade-marks Act, 1911, came into operation.

11. Where representations of the arms of a foreign State or place appear on a mark the Registrar may call for such justification as he may deem necessary for their use.

12. Where a representation of the arms or emblems of any city, borough, town, place, society, body corporate, or institution appears on a mark, the applicant shall, if so required, furnish the Registrar with a consent from such official as the Registrar may consider entitled to give consent to the use of such arms or emblems.

13. Where the names or representations of living persons appear on a trade-mark, the Registrar shall, if he so requires, be furnished with consents from such persons before proceeding to register the mark. In the case of persons recently dead the Registrar may call for consents from their legal representatives before proceeding with registration of a trade-mark on which their names or representations appear.

14. Where the name or a description of any goods appears on a trade-mark the Registrar may refuse to register such mark in respect of any goods other than the goods so named or described.

Where the name or description of any goods appears on a trade-mark which name or description in use varies, the Registrar may permit the registration of the mark with the name or description upon it for goods other than those named or described, the applicant stating in his application that the name or description varies.

APPLICATION FOR REGISTRATION.

15. If application for registration of a trade-mark is made by a firm or partnership, it may be signed in the name or for and on behalf of the firm or partnership by any one or more members thereof.

If the application is made by a body corporate, it may be signed by a director or by the secretary or other principal officer of such body corporate.

Any application may be signed by an agent.

16. On or after receipt of the application the Registrar shall furnish the applicant with an acknowledgment thereof.

The Registrar may allow an application for a trade-mark, although not in accordance with the said Act and these regulations, to be left on such terms and conditions as he thinks fit, and in any such case shall require the applicant to comply with the requirements of these regulations within a time to be specified by him in that behalf. No further action need be taken by the Registrar in respect of that application until the prescribed requirements are complied with.

17. Where application is made to register a trade-mark which was used by the applicant or his predecessors in business before the 1st January, 1890, the application shall contain a statement of the time during which and by whom it has been used in respect of the goods mentioned in the application. The Registrar may require a statutory declaration verifying such user, with exhibits showing the mark as used.

18. Every application for registration of a trade mark shall contain a representation of the mark affixed to the application, and shall be accompanied by four additional representations of the mark. Where the representations are of such size that they require to be folded they shall be mounted on linen or tracing-cloth.

19. The Registrar, if dissatisfied with any representation of a mark, may at any time require another representation satisfactory to him to be substituted before proceeding with the application.

20. 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 thinks most convenient.

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

21. When application is made for the registration of a series of trade-marks under section 81 of the said Act, a representation of each trade-mark of the series shall be affixed, as aforesaid, to the application.

22. When a trade-mark contains a word or words in other than roman characters, there shall be indorsed on the application a sufficient transliteration and translation to the satisfaction of the Registrar of each of such words, and every such indorsement shall be signed by the applicant or his agent.

Where a trade-mark contains a word or words in a language other than English, the Registrar may ask for an exact translation thereof, and, if he so requires, such translation shall be indorsed and signed as aforesaid.

PROCEDURE ON RECEIPT OF APPLICATION.

23. Upon receipt of an application for registration the Registrar shall cause a search to be made amongst the registered marks and pending applications for the purpose of ascertaining whether there are on record any marks for the same goods or description of goods identical with the mark applied for, or so nearly resembling it as to be calculated to deceive.

24. If after such search and a consideration of the application the Registrar thinks there is no objection to the mark being registered, he may accept it absolutely, or subject to conditions, amendments, and modifications which he shall communicate to the applicant in writing.

25. If after such search and consideration of the application any objections appear, a statement of those objections shall be sent to the applicant in writing, and unless, within such time as may be allowed, he takes steps to meet such objections, he shall be deemed to have withdrawn his application.

26. If the Registrar accepts an application subject to any conditions, amendments, or modifications, and the applicant objects to such conditions, amendments, or modifications, he shall, within such time as may be allowed, communicate his objections to the Registrar either personally or by letter; and if he does not do so he shall be deemed to have withdrawn his application. If the applicant does not object to such conditions, amendments, or modifications he shall forthwith notify the Registrar in writing.

27. The decision of the Registrar with respect to such objections as aforesaid shall be communicated to the applicant in writing, and if he objects to such