1876
THE NEW ZEALAND GAZETTE.
[No. 50

decision he may, within such time as may be allowed,
require the Registrar to state in writing the grounds
of his decision and the materials used by him in
arriving at the same.

Upon receipt of such request the Registrar shall
send to the applicant such statement as aforesaid
in writing, and the date when such statement is sent
shall be deemed to be the date of the Registrar’s
decision for the purpose of appeal.

28. The Registrar may call on an applicant to
    insert in his application such disclaimer as the Regis-
    trar may think fit, in order that the public generally
    may understand what the applicant’s rights, if his
    mark is registered, will be.

SPECIAL APPLICATIONS UNDER SUBSECTION 1 (e) OF
SECTION 64.

29. An application to register a name, signature,
    or word or words under subsection 1 (e) of section 64
    of the said Act shall be made on the form No. 2,
    and not otherwise.

30. Upon receipt of such an application the Regis-
    trar 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.

31. If after such search the Registrar thinks there
    are no such marks, he shall notify the applicant
    accordingly; but if after such search any such
    marks appear, he shall notify to the applicant the
    numbers of those marks and the Gazette or journal
    (if any) in which they have been advertised.

32. Within one month from the receipt of such
    notification the applicant shall send to the Regis-
    trar in writing a case, in duplicate, stating at length
    the grounds upon which he relies in support of his
    application. If he fails to do so his application shall
    be deemed to be withdrawn.

33. Within one month from sending to the Regis-
    trar his case as aforesaid the applicant shall bring
    the matter before the Court by motion, and if he
    does not do so he shall be deemed to have with-
    drawn his application.

34. If the application is accepted by the Court
    it shall be advertised, and proceedings thereafter
    shall be had in respect of it as if it had been accepted
    by the Registrar in the ordinary course.

ADVERTISEMENT OF APPLICATION.

35. Every application when accepted shall be ad-
    vertised by the Registrar in the Journal during such
    times and in such manner as the Registrar directs.

If no representation of the trade-mark is inserted
in connection with the advertisement of an applica-
tion, the Registrar shall refer in such advertisement
to the place or places where a specimen or represen-
tation of the trade-mark is deposited for exhibition.

36. For the purposes of such 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 dimensions as may from time
    to time be directed by the Registrar, or such other
    information or means of advertising the trade-mark
    as may be required by the Registrar; and the Regis-
    trar, if dissatisfied with the block or electrotype
    furnished by the applicant or his agent, may require
    a fresh block or electrotype before proceeding with
    the advertisement.

37. When an application relates to a series of trade-
    marks differing from one another in respect of the
    particulars mentioned in section 81 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 constituting
    the series; or 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.

38. Advertisements under section 69 (9) of the
    said Act shall, mutatis mutandis, be made in the same
    manner as advertisements relating to an application
    for registration.

OPPOSITION TO REGISTRATION.

39. Any person may within two months from the
    date of any advertisement in the Journal of an
    application for registration of a trade-mark give
    notice in writing at the Office of opposition to the
    registration.

40. Such notice shall be in the form No. 4, and
    shall contain a statement of the grounds upon which
    the opponent objects to the registration. If registra-
    tion is opposed on the ground that the mark re-
    sembles marks already on the register, the numbers
    of such marks and the numbers of the Gazettes or
    Journals in which they have been advertised shall
    be set out. Such notice shall be accompanied by
    a duplicate which the Registrar shall forthwith send
    to the applicant.

41. Within two months from the receipt of such
    duplicate the applicant shall send to the Registrar a
    counterstatement in the form No. 5 setting out the
    grounds on which he relies as supporting his applica-
    tion. The applicant shall also set out what facts,
    if any, alleged in the notice of opposition he admits.
    Such counterstatement shall be accompanied by a
    duplicate in writing.

42. Upon receipt of such counterstatement and
    duplicate the Registrar will forthwith send the
    duplicate to the opponent, and within one month from
    the receipt of the duplicate the opponent shall leave
    at the Office such evidence by way of statutory
    declaration as he may desire to adduce in support
    of his opposition, and shall deliver to the applicant
    copies thereof.

43. If an opponent leaves no evidence he shall be
    deemed to have abandoned his opposition, but if
    he does, then within one month from the receipt of
    the copies of declarations the applicant shall leave at
    the Office such evidence by way of statutory decla-
    ration as he desires to adduce in support of his
    application, and shall deliver to the opponent copies
    thereof.

44. Within fourteen days from the receipt by the
    opponent of the copies of the applicant’s declara-
    tions the opponent may leave at the Office evidence
    by statutory declaration in reply, and shall deliver
    to the applicant copies thereof. Such evidence shall
    be confined to matters strictly in reply.

45. In any proceedings before the Registrar he
    may at any time, if he thinks fit, give leave to either
    the applicant or the opponent to file any evidence
    upon such terms as to costs or otherwise as the
    Registrar may think fit.

46. Where there are exhibits to declarations filed
    in an opposition, copies or impressions of such
    exhibits shall be sent to the other party on his re-
    quest; or, if such copies or impressions cannot con-
    veniently be furnished, the originals shall be sent
    to the Office, so that they may be open to inspection.
    The original exhibits shall be produced at the hear-
    ing, unless the Registrar otherwise directs.

47. (1.) Upon completion of the evidence the Regis-
    trar shall give notice to the parties of a date when he