JUNE 13.] THE NEW ZEALAND GAZETTE. 1973

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.

82. 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.