JUNE 13.] THE NEW ZEALAND GAZETTE 1971

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 Registrar 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 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.

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 Registrar 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 If he fails to do so his application shall be deemed to be withdrawn.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 Registrar 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the applicant shall bring the matter before the Court by motion, and if he does not do so he shall be deemed to have withdrawn his application.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 advertised 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 application, the Registrar shall refer in such advertisement to the place or places where a specimen or representation 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 Registrar, 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 registration is opposed on the ground that the mark resembles 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 application. 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 declaration 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 declarations 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 request; or, if such copies or impressions cannot conveniently 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 hearing, unless the Registrar otherwise directs.

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