JUNE 27.] THE NEW ZEALAND GAZETTE. 1685

Regulations under the Patents, Designs, and Trade-marks Act, 1921-22, relating to Trade-marks.

JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 26th day of June, 1922.
Present:
His Excellency The Governor-General in Council.
IN pursuance and exercise of the power and authority conferred upon him by section one hundred and thirty-eight of the Patents, Designs, and Trade-marks Act, 1921-22 (hereinafter referred to as "the said Act"), and of all other powers enabling him in that behalf, His Excellency the Governor-General 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 regulations relating to trade-marks; and doth hereby declare that this Order shall come into force on the first day of July, one thousand nine hundred and twenty-two.
REGULATIONS.
INTERPRETATION.
I. In these regulations-
"Agent" means an agent duly authorized to the satisfaction of the Registrar:
"Office" means the Patent Office:
"Journal" means 'Patent Office Journal.'
FEES.
2. (1.) The fees to be paid in pursuance of the said Act, in so far as it relates to trade-marks, shall be the fees specified in the First Schedule to these regulations.
(2.) All fees must be paid in advance in cash, or be paid to the Public Account at a branch of the Bank of New Zealand, and the bank receipt sent to the Patent Office, or else fees may be remitted by post-office order or postal note.
(3.) Where documents are left at a Local Patent Office they should be accompanied by a bank receipt for the fee.
FORMS.
3. The forms herein referred to are the forms contained in the Second Schedule hereto, and such forms, or forms to the like effect, shall be used in all cases to which they are applicable, and shall be modified as directed by the Registrar to meet other cases.
CLASSIFICATION OF GOODS.
4. (1.) For the purposes of trade-marks registration and of these regulations goods are classified in the manner appearing in the Third Schedule hereto.
(2.) If any doubt arises as to what class any particular description of goods belongs to, the doubt shall be determined by the Registrar.
DOCUMENTS.
5. Subject to any other directions that may be given by the Registrar, all applications, notices, counter-statements, papers having representations affixed, or other documents required by the said Act or by these regulations to be left with or sent to the Registrar, shall be upon foolscap paper of a size of approximately 13 in. by 8 in., and shall have on the left-hand part thereof a margin of not less than 1½ in.
6. Any application, statement, notice, or other document authorized or required to be left, made, or given at the Office, or to or with the Registrar, or any other person may be sent by prepaid letter through the post. Any document so sent shall be deemed to have been delivered at the time when the letter containing the same would be delivered in the ordinary course of post; and in proving such service or sending it shall be sufficient to prove that the letter was properly addressed and put into the post. A letter addressed to a registered proprietor of a trade-mark at his address as it appears on the register or address for service, or to any applicant for or person opposing the registration of a trade-mark at the address appearing in the application or notice of opposition, or given for service as hereinafter provided, shall be deemed to be sufficiently addressed. Any document required or authorized to be left at the office may be left at a Local Patent Office. An application for the registration of a trade-mark shall be deemed to be dated as of the date of its delivery at the Patent Office or Local Patent Office, as the case may be.
ADDRESS FOR SERVICE.
7. (1.) Every applicant for the registration of any trade-mark, and every opponent to such registration, and every agent, who does not reside or carry on business in New Zealand shall, if so required, give an address for service in New Zealand, and such address may be treated as the actual address of such applicant, opponent, or agent for all purposes connected with such application for registration or the opposition thereto.
(2.) The Registrar may require the proprietor of a registered trade-mark who does not reside or carry on business in New Zealand to give an address for service within New Zealand, and such address may be treated as the actual address of the proprietor for all purposes connected with such trade-mark.
AGENCY.
8. (1.) An application for registration, and an opposition to registration, and all other communications between an applicant, an opponent, and the Registrar, and between the proprietor of a registered trade-mark and the Registrar, may be made by or through an agent duly authorized to the satisfaction of the Registrar. If the proprietor of a registered trade-mark appoints such an agent and sends to the Registrar an authority in the T.M. form No. 3, service upon the agent of any document relating to such trade-mark shall be deemed to be service upon the person so appointing him, and all communications directed to be made to such person in respect of such trade-mark may be addressed to such agent.
(2.) The Registrar shall not be bound to recognize as such agent any person who has been convicted criminally or struck off the Roll of Solicitors, or whose name by reason of his having been adjudged guilty of conduct discreditable to a patent agent has been erased from the Register of Patent Agents kept under the provisions of the Patents, Designs, and Trade-marks Act, 1911, or the said Act, and not since restored.
REGISTRABLE TRADE-MARKS.
9. The Registrar may refuse to accept any application for the registration of a trade-mark upon which the following appear:-
(a.) The words "Patent," "Patented," or "By Royal Letters Patent," "Registered," "Registered design," "Copyright," "Entered at Stationers' Hall," "To counterfeit this is forgery," or words to like effect.
(b.) Representations of Their Majesties or of any member of the Royal Family.
(c.) The device of the Geneva Red Cross, or of the words "Red Cross."
10. Representations of the Royal or Imperial Arms or Royal crests, or arms or crests so nearly resembling them as to lead to mistake, or of British Royal or Imperial crowns, or of the British national flags, or the word "Royal" or "Imperial," or any other words, letters, or devices calculated to lead persons to think that the applicant has Royal patronage or authorization, may not appear on trade-marks the registration of which is applied for: Provided always that nothing in this regulation shall preclude the Registrar from allowing the registration as an "old mark" (that is, as a mark which was used by the applicant or his predecessors in business before the 1st January, 1890) of any mark which was capable of being so registered before the Patents, Designs, and Trade-marks Act, 1911, came into operation.
11. Where representations of the armorial bearings, insignia, decoration, or flags of any State, city, borough, town, place, society, body corporate, or institution appear on a mark, the applicant shall, if so required, furnish the Registrar with a consent from such official as the Registrar may consider entitled to give consent to the use of such emblems.
12. Where the names or representations of living persons appear on a trade-mark, the Registrar shall, if he so requires, be furnished with consents from such persons before proceeding to register the mark. In the case of persons recently dead the Registrar may call for consents from their legal representatives before proceeding with registration of a trade-mark on which their names or representations appear.
13. (1.) Where the name or a description of any goods appears on a trade-mark the Registrar may refuse to register such mark in respect of any goods other than the goods so named or described.
(2.) Where the name or description of any goods appears on a trade-mark which name or description in use varies, the Registrar may permit the registration of the mark with the name or description upon it for goods other than those named or described, the applicant stating in his application that the name or description varies.
APPLICATION FOR REGISTRATION.
14. (1.) An application for the registration of a trade-mark must be made upon the appropriate form in the Second Schedule hereto, and must be signed by the applicant.
(2.) If application for registration of a trade-mark is made by a firm or partnership, it may be signed in the name or for and on behalf of the firm or partnership by any one or more members thereof.
(3.) If the application is made by a body corporate, it may be signed by a director or by the secretary or other principal officer of such body corporate.