1878
THE NEW ZEALAND GAZETTE.
[No. 50

goods for which it has been registered, register the
assignee as proprietor of the mark. Such application shall be in the form No. 14. If the Registrar
so requires, the assignee shall furnish a declaration
in the form No. 15.

64. Where no such joint request is made, any
    person who has become entitled to a registered
    trade-mark by assignment, transmission, or other
    operation of law may leave a request at the Office
    for the entry of his name in the register as proprietor of such trade-mark. The request shall be
    on the form No. 16, and such request shall contain
    the name, address, and description of the person
    claiming to be entitled to the trade-mark (hereinafter called “the claimant”).

65. Together with such request the claimant shall
    leave a case stating full particulars of the assignment, transmission, or other operation of law by
    virtue of which he claims to be entitled to be entered
    in the register as proprietor of the trade-mark, 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 goods
    for which the trade-mark has been registered.

66. Such request shall in the case of an individual
    be made and signed by the claimant, and in the
    case of a firm or partnership by one or more members of such firm or partnership, and in the case of
    a body corporate shall be signed by a director or
    by the secretary or other principal officer of such
    body corporate.

67. If the Registrar determines that the case sets
    out particulars such as entitle the claimant to be
    registered as proprietor of such trade-mark, he shall
    call upon the claimant to furnish a statutory declaration in the form No. 17, verifying the several statements in the case and declaring that the particulars
    given comprise every material fact and document
    affecting the proprietorship of the trade-mark claimed
    by such request.

68. In any case the Registrar may call on any
    person who desires to be registered as proprietor of
    a trade-mark for such proof or additional proof of
    title and of the existence and ownership of such
    goodwill as aforesaid as the Registrar may require
    for his satisfaction.

ALTERATION OF ADDRESS.

69. Every registered proprietor of a trade-mark
    who alters his address shall forthwith apply to the
    Registrar on the form No. 18 to insert the new
    address on the register, and the Registrar shall alter
    the register accordingly.

DISCRETIONARY POWER.

70. Before exercising any discretionary power given
    to the Registrar by the said Act adversely to any
    person, the Registrar shall, if so required, hear the
    person who will be affected by the exercise of such
    power.

71. An application for a hearing shall be made
    within one month from the date when the matter
    on which the Registrar is called on to exercise discretionary power has arisen.

72. Upon receiving such application the Registrar
    shall give the person applying ten days’ notice of a
    time when he may be heard by himself or his agent.
    Within five days from the date when such notice
    would be delivered in the ordinary course of post
    the person applying shall notify the Registrar whether or not he intends to be heard on the matter.

73. The decision of the Registrar in the exercise
    of any such discretionary power as aforesaid shall
    be notified to the person affected.

APPLICATIONS UNDER SECTION 78.

74. All applications to the Registrar under section 78 of the said Act for an apportionment of
    registered trade-marks shall be upon the form No. 19.
    Such application shall be accompanied by a case
    setting out fully the facts relating to the marks
    which the Registrar is requested to permit an apportionment of.

75. Upon receipt of such request and of such case
    the Registrar shall inquire into the facts and call
    for such evidence as he may deem necessary upon
    the subject of such application. Before giving his
    decision the Registrar shall, if necessary, give the
    parties an opportunity of attending before him at
    a hearing either by themselves or by their agents.
    The decision of the Registrar shall be in writing.

76. Upon any apportionment of marks under the
    said section the Registrar shall insert in the register
    a note in connection with each of the registered
    trade-marks of the fact of such apportionment, and
    shall in such note refer to the date of the decision
    under which such apportionment has taken place.

APPLICATIONS UNDER SECTION 108.

77. Applications to the Registrar under section 108
    of the said Act (in so far as it relates to trade-marks),
    may be made by the registered proprietor, or by the
    trustee in bankruptcy of the registered proprietor, or,
    where the registered proprietor is a company in
    liquidation, by the liquidator, and in other cases
    by such person as the Registrar may decide to be
    entitled to act in the name of the registered proprietor.

78. Where such application is made the Registrar
    may require such evidence by statutory declaration
    or otherwise as he thinks fit as to the circumstances
    in which the application is made.

79. Where application is made, on the form No. 24,
    to enter a disclaimer or memorandum relating to a
    trade-mark, the Registrar, before deciding upon such
    application, shall advertise the application in the
    Journal for one month in order to enable any person
    desiring so to do to state any reasons in writing
    against the applicant being allowed to make such
    disclaimer or enter such memorandum.

APPLICATIONS UNDER SECTION 88.

80. Where a person desires to apply under section 88 of the said Act to alter a trade-mark, he shall
    make his application in writing on the form No. 25,
    and shall furnish the Registrar with four copies of
    the mark as it will appear when altered.

81. Before proceeding with such application the
    Registrar may call on the applicant to furnish a
    block suitable to advertise in the Journal the fact
    that such application has been made, or, if he thinks
    fit, the Registrar, without calling for a block, may
    insert an advertisement describing the alteration proposed in words so that it can be understood by persons interested in the matter.

Where leave is granted the Registrar may, if he
is not already in possession of a block showing the
trade-mark as altered, cause the applicant to furnish
a block showing the trade-mark as altered for advertisement in the Journal, and upon receipt of such
block shall forthwith advertise the mark as altered
in the Journal.