Dec. 17.] THE NEW ZEALAND GAZETTE. 4325

7. The Registrar may, at any time during the continuance of these rules, avoid or suspend any proceedings on any application made under the Patents, Designs, and Trade-marks Act, 1911, by a subject of any State at war with His Majesty.

8. The Registrar may also at any time during the continuance of these rules extend the time prescribed by the Patents, Designs, and Trade-marks Act, 1911, or any rules made thereunder, for doing any act or filing any document, upon such terms and subject to such conditions as he may think fit in the following cases, namely:—

(a.) Where it is shown to his satisfaction that the applicant, patentee, or proprietor, as the case may be, was prevented from doing the said act, or filing the said document, by reason of active service or enforced absence from this country, or any other circumstances arising from the present state of war which, in the opinion of the Registrar, would justify such extension:

(b.) Where the doing of any act would, by reason of the circumstances arising from the present state of war, be prejudicial or injurious to the rights or interests of any applicant, patentee, or proprietor as aforesaid.

9. The term “person” used in these rules shall, in addition to the meaning given thereto by section 5 of the Interpretation Act, 1908, include any Government Department.

FIRST SCHEDULE.

Fee payable on application under Rule 1 to avoid or suspend patent rights or license £ s. d
2 0 0
Fee payable on depositing foreign documents or other papers for the purpose of a record not already provided for under the Patents, Designs, and Trade-marks Act, 1911 .. .. 0 2 6

SECOND SCHEDULE.

Patent, £2.
(St.mp.)

Patents Form No. 22.

Patents, Designs, and Trade-marks Amendment Act, 1914.

To the Registrar of Patents, Wellington.

I, [or We] [Here insert (in full) name, address, and description or calling of persons applying], hereby request to order the avoidance or suspension of the letters patent No. of [Here insert number of patent and name of patentee], or the license granted to [Here insert name of licensee] for [Here insert particulars of license] under letters patent No. [Here insert number of patent].

Dated this day of , 19 .
(Signed.)

J. F. ANDREWS,
Clerk of the Executive Council.

Trade-marks (Temporary) Regulations, 1914.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House at Wellington, this fourteenth day of December, 1914.

Present:

His Excellency the Governor in Council.

IN pursuance and exercise of the power and authority conferred upon him by the Patents, Designs, and Trade-marks Amendment Act, 1914, and of all other powers enabling him in that behalf, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following temporary regulations relating to trade-marks; and doth declare that this Order shall come into force on the seventeenth day of December, one thousand nine hundred and fourteen.

REGULATIONS.

1. The Governor in Council may, on the application of any person, and subject to such terms and conditions, if any, as he may think fit, order the avoidance or suspension, in whole or in part, of the registration of any trade-mark the proprietor whereof is a subject of any State at war with His Majesty; and the Governor in Council, before granting any such application, may require to be satisfied on the following heads:—

(a.) That the proprietor is the subject of a State at war with his Majesty;

(b.) That the person applying intends to manufacture, or cause to be manufactured, the goods or any of them in respect of which the trade-mark is registered.

(c.) That it is in the general interests of the country or of a section of the community, or of a trade, that the registration of the trade-mark should be so avoided or suspended.

2. The fee to be paid on any such application shall be that specified in the First Schedule to these rules.

3. An application under this section must be made on Form T.M. No. 29 contained in the Second Schedule to these rules, and shall be filed at the Patent Office.

4. The Governor in Council may at any time, in his absolute discretion, revoke any avoidance or suspension of any registration of a trade-mark ordered by him; but such revocation may be subject to the right of any person or persons who have traded in goods under the mark to continue to do so on the payment by the proprietor to such person or persons of compensation for the stoppage of the use of such trade-mark.

5. For the purpose of exercising in any case the powers of avoiding or suspending the registration of a trade-mark, the Governor in Council may appoint such person or persons as he shall think fit to hold an inquiry.

6. Any application to the Governor in Council for the avoidance or suspension of any registration of a trade-mark may be referred for hearing and inquiry to such person or persons, who shall report thereon to the Governor in Council: Provided always that the Governor in Council may at any time, if in his absolute discretion he deems it expedient to the public interest, order the avoidance or suspension in whole or in part of any such registration of a trade-mark, upon such terms and conditions, if any, as he may think fit.

7. The Registrar may, at any time during the continuance of these rules, avoid or suspend any proceedings on any application made under the Patents, Designs, and Trade-marks Act, 1911, by a subject of any State at war with His Majesty.

8. The Registrar may also at any time during the continuance of these rules extend the time prescribed by the Patents, Designs, and Trade-marks Act, 1911, or any rules made thereunder, for doing any act or filing any document, upon such terms and subject to such conditions as he may think fit in the following cases, namely:—

(a.) Where it is shown to his satisfaction that the applicant, patentee, or proprietor, as the case may be, was prevented from doing the said act, or filing the said document, by reason of active service or enforced absence from this country, or any other circumstances arising from the present state of war which, in the opinion of the Registrar, would justify such extension:

(b.) Where the doing of any act would, by reason of the circumstances arising from the present state of war, be prejudicial or injurious to the rights or interests of any applicant, patentee, or proprietor as aforesaid.

FIRST SCHEDULE.

Fee payable on application under Rule 1 to avoid or suspend the registration of a trade-mark £ s. d
2 0 0

SECOND SCHEDULE.

Trade-mark, £2.
(Stamp.)

Form T.M. No. 29.

Patents, Designs, and Trade-marks Amendment Act, 1914.

To the Registrar of Trade-marks, Wellington.

I, [or We] [Here insert (in full) name, address, and description or calling of person or persons applying], hereby request the to order the avoidance or suspension of the registration of trade-mark No. [Here insert number and class in which the trade-mark is registered], registered in Class for

Dated this day of , 19 .
(Signed.)

J. F. ANDREWS,
Clerk of the Executive Council.

Patents, Designs, and Trade-marks.

ALL notices in respect of patents, designs, and trade-marks are published fortnightly in the Patent Office Journal, obtainable from the Government Printer, Wellington.

J. C. LEWIS,
Registrar.