JUNE 27.]

34. Where the name of a person is entered on the register as mortgagee or licensee, such person may, on lodging Designs form No. 9, have a note entered in the register that he no longer claims to be mortgagee or licensee, as the case may be.

ALTEBATION OF ADDRESS.

35. Every registered proprietor of a design who alters his address or his address for service shall forthwith apply to the Registrar on Designs form No. 10, and the Registrar shall alter the register accordingly.

CORRECTION OF CLERICAL ERRORS.

36. Where an applicant desires to correct a clerical error in his application he shall lodge an application in Designs form No. 11.

37. Where the registered proprietor of a design desires to correct a clerical error under section 121 of the said Act he shall lodge an application in the Designs form No. 11.

CANCELLATIONS UNDER SECTION 121.

38. Where the registered proprietor of a design desires to cancel his registration either wholly or in respect of any particular goods or classes of goods in connection with which the design is registered he shall lodge an application in Designs form No. 12.

39. Cancellation may also be effected by the trustee in bankruptcy of the registered proprietor, or, where the registered proprietor is a company in liquidation, by the liquidator, or, in any other case where the request is made, by a person whom the Registrar decides to be entitled to act in the name of the registered proprietor. In such cases Designs form No. 12 shall be lodged, modified as the Registrar directs.

DISCRETIONARY POWER.

40. Before exercising any discretionary power given by the said Act, adversely to any person, the Registrar shall consider any grounds or reasons that may be urged by such person orally or in writing, within such time as he allows for the purpose.

SEARCHES.

41. (1.) Where any person desires to obtain the information which he is entitled to obtain under section 60 of the said Act and furnishes the registration number of the design, the Registrar shall, upon application being made in Designs form No. 13, furnish him with the information aforesaid.

(2.) Where the applicant is unable to furnish the registration number of the design, he shall make application in Designs form No. 14, and shall give such information as he is in possession of, and the Registrar shall thereupon make such search in the class indicated as may be possible on the information supplied, and shall furnish such information as can be afforded.

42. (1.) The Registrar may, on receipt of an application in Designs form No. 15 accompanied by a drawing of any design, cause a search to be made among the registered designs, and state whether in his opinion the design shown in such drawing and to be applied to goods in any particular class is or is not identical with or an obvious imitation of any registered design applied to such goods of which the copyright is still existing.

(2.) After the expiration of one month from the registration of a design, the design shall be open to the inspection of any person on payment of the prescribed fee.

HOURS OF INSPECTION.

43. The office shall be open to the public every week-day, except Saturday, between the hours of 9 a.m. till noon, and from 2 p.m. till 4 p.m., and on Saturday between the hours of 9 a.m. and 11 a.m., except on the days following:

The days from Good Friday to Easter Tuesday, both inclusive; the days from Christmas Eve to the 3rd January, both inclusive; the birthday of the reigning Sovereign; the birthday of His Royal Highness the Prince of Wales; and all other days observed by the Government as public holidays.

POWER TO DISPENSE WITH EVIDENCE.

44. Where under these regulations any person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself or any body corporate, or any document or evidence is required to be produced to or left with the Registrar, or at the Office, and it is shown to the satisfaction of the Registrar that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Registrar, upon the production of such other evidence and subject to such terms as he may think fit, to dispense with any such act or thing, document, declaration, or evidence.

AMENDMENTS.

45. Any document or drawing or other representation of a design may be amended, and any irregularity in procedure which in the opinion of the Registrar may be obviated without detriment to the interests of any person may be corrected, if the Registrar thinks fit, and on such terms as he may direct.

ENLARGEMENT OF TIME.

46. The time prescribed by these regulations for doing any act or taking any proceeding thereunder may be enlarged by the Registrar if he thinks fit, upon such notice to parties, and upon such terms, as he may direct, and such enlargement may be granted though the time has expired for doing such act or taking such proceeding.

47. Whenever the last day fixed by the said Act or by these regulations for doing anything falls on a day when the Office or Local Patent Office is not open, or on a Saturday, which days shall be excluded days for the purposes of the said Act and these regulations, it shall be lawful to do any such act or thing on the day next following such excluded day, or days if two or more of them occur consecutively.

48. Any fee payable or any document required to be lodged in pursuance of these regulations shall be deemed to be paid or lodged within the prescribed time if it is paid or lodged at a Local Patent Office, and the Registrar has within such time received notice, by telegraph or otherwise, of such payment or lodgment.

CERTIFICATE BY REGISTRAR.

49. Where a certificate is required for the purpose of any legal proceeding, or other special purpose, as to any entry, matter, or thing which the Registrar is authorized by the said Act or these regulations to make or do, the Registrar may give such certificate on application being made to him on Designs form No. 16.

MARKING OF ARTICLES.

50. Before delivery on sale of any article to which a registered design has been applied the proprietor of such design shall cause each such article to be marked with the word “Registered,” or with the abbreviation “Regd,” or with the abbreviation “Rd., ” as he may choose, and also (except in the case of articles to which have been applied designs registered in Classes 9, 13, 14, and 15) with the number appearing on the certificate of registration.

REGISTER OF DESIGNS AND INSPECTION OF REGISTERED DESIGNS.

51. When a design is accepted there shall be entered in the register the date of the application, and such other particulars as the Registrar may deem necessary.

The period under section 59 of the said Act during which a design shall not be open to inspection except as provided in that section shall be one month from the date of the original registration thereof.

CANCELLATION OF REGISTRATION OF DESIGNS UNDER SECTION 61.

52. An application for the cancellation of the registration of a design under section 61 of the said Act shall be made on Designs form No. 17. Such application shall be accompanied by a copy of the design and a statement in duplicate setting out fully the facts upon which the applicant bases his case. Copies of the application and the statement of case shall be transmitted by the Registrar to the registered proprietor.

53. If the registered proprietor is desirous of opposing the application, he shall, within fourteen days of the receipt of such copies or such further time as the Registrar may allow, leave at the Office a counter-statement fully setting out the grounds on which the application is to be opposed, and, on so leaving, shall deliver to the applicant a copy thereof.

54. The applicant shall, within fourteen days from the delivery of such copy or within such further time as the Registrar may allow, leave at the Office evidence by way of a statutory declaration in support of his case, and, on so leaving, shall deliver to the registered proprietor a copy thereof.

55. Within fourteen days from the delivery of such copy, or such further time as the Registrar may allow, the proprietor may leave at the Office statutory declarations in answer, and, on so leaving, shall deliver to the applicant a copy thereof; and within fourteen days from such delivery, or within such further time as the Registrar may allow, the applicant may leave at the Office statutory declarations in reply, and, on so leaving, shall deliver to the proprietor a copy thereof. Such last-mentioned declaration shall be confined to matters strictly in reply. No further evidence shall be left on either side except by leave or on requisition of the Registrar.

56. On completion of the evidence, or at such other time as he may see fit, the Registrar shall appoint a time for the hearing of the case, and give the parties ten days' notice