1686

THE NEW ZEALAND GAZETTE.

[No. 49

(4.) Any application may be signed by an agent.

15. On or after receipt of the application the Registrar shall furnish the applicant with an acknowledgment thereof.

16. The Registrar may allow an application for a trade-mark, although not in accordance with the said Act and these regulations, to be left on such terms and conditions as he thinks fit, and in any such case shall require the applicant to comply with the requirements of these regulations within a time to be specified by him in that behalf. No further action need be taken by the Registrar in respect of that application until the prescribed requirements are complied with.

17. Where application is made to register a trade-mark which was used by the applicant or his predecessors in business before the 1st January, 1890, the application shall contain a statement of the time during which and by whom it has been used in respect of the goods mentioned in the application. The Registrar may require a statutory declaration verifying such user, with exhibits showing the mark as used.

18. Every application for registration of a trade-mark shall contain a representation of the mark affixed to the application, and shall be accompanied by four additional representations of the mark. Where the representations are of such size that they require to be folded they shall be mounted on linen or tracing-cloth.

19. The Registrar, if dissatisfied with any representation of a mark, may at any time require another representation satisfactory to him to be substituted before proceeding with the application.

20. (1.) Where a drawing or other representation or specimen cannot be given in manner aforesaid, a specimen or copy of the trade-mark may be sent either of full size or on a reduced scale, and in such form as the Registrar thinks most convenient.

(2.) The Registrar may also, in exceptional cases, deposit in the Office a specimen or copy of any trade-mark which cannot conveniently be shown by a representation, and may refer thereto in the register in such manner as he thinks fit.

21. Applications for the registration of the same mark in different classes shall be treated as separate and distinct applications, and in all cases where a trade-mark is registered under the same official number for goods in more than one class the registration shall henceforth for the purpose of fees and otherwise be deemed to have been made on separate and distinct applications in respect of the goods included in each class.

22. When application is made for the registration of a series of trade-marks under section 91 of the said Act, a representation of each trade-mark of the series shall be affixed, as aforesaid, to the application.

23. (1.) When a trade-mark contains a word or words in other than roman characters, there shall be endorsed on the application a sufficient transliteration and translation to the satisfaction of the Registrar of each of such words, and every such endorsement shall be signed by the applicant or his agent.

(2.) Where a trade-mark contains a word or words in a language other than English, the Registrar may ask for an exact translation thereof, and, if he so requires, such translation shall be endorsed and signed as aforesaid.

PROCEDURE ON RECEIPT OF APPLICATION.

24. Upon receipt of an application for registration the Registrar shall or may, if he deem it necessary, in the case of an application under the provisions of section 80 of the said Act, 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.

25. After such search (if any), if on consideration of the application and of any evidence which the applicant may or may be required to furnish, the Registrar thinks there is no objection to the mark being registered, he may accept it absolutely, or subject to such conditions, amendments, modifications, or limitations as he may think right to impose, which he shall communicate to the applicant in writing.

26. After such search (if any), if on consideration of the application and of any evidence which the applicant may or may be required to furnish, any objections appear, a statement of those objections shall be sent to the applicant in writing, and unless, within such time as may be allowed, he takes steps to meet such objections, he shall be deemed to have withdrawn his application.

27. If the Registrar accepts an application subject to any conditions, amendments, modifications, or limitations, and the applicant objects to such conditions, amendments, modifications, or limitations, he shall, within such time as may be allowed, communicate his objections to the Registrar either personally or by letter; and if he does not do so he shall be deemed to have withdrawn his application. If the applicant does not object to such conditions, amendments, modifications, or limitations he shall forthwith notify the Registrar in writing.

28. (1.) The decision of the Registrar with respect to such objections as aforesaid shall be communicated to the applicant in writing, and if he objects to such 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.

(2.) 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.

29. 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.

30. An application under the provisions of section 80 of the said Act shall be made on T.M. form No. 2, with a statutory declaration as required, but the Registrar may require such further evidence as to user or otherwise as he may think necessary.

SPECIAL APPLICATIONS UNDER SUBSECTION (1) (e) OF SECTION 70.

31. An application to register a name, signature, or word or words under subsection (1) (e) of section 70 of the said Act shall be made on the T.M. form No. 2, and not otherwise.

32. 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.

33. 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.

34. 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.

35. Upon receipt of such case the Registrar may call for such evidence (if any) as he thinks fit, and may hear the applicant, or he may direct that the applicant shall, within such time as the Registrar may prescribe, bring the matter before the Court by motion, and if he does not do so he shall be deemed to have withdrawn his application. If the Registrar hears and decides the case, such decision shall be subject to appeal to the Court.

36. If the application is accepted 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.

37. (1.) Every application when accepted shall be advertised by the Registrar in the Journal during such times and in such manner as the Registrar directs.

(2.) 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.

38. For the purpose 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.

39. When an application relates to a series of trade-marks differing from one another in respect of the particulars mentioned in section 91 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.

40. Advertisements under section 75 (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.

41. 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.

42. Such notice shall be in the T.M. 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