JUNE 27.] THE NEW ZEALAND GAZETTE. 1687

ground that the mark resembles marks already on the register, the numbers of such marks and the numbers of the Gazette or Journals in which they have been advertised shall be set out. Such notice shall be accompanied by a duplicate which the Registrar shall forthwith send to the applicant.

43. Within two months from the receipt of such duplicate the applicant shall send to the Registrar a counterstatement in the T.M. form No. 5 setting out the grounds on which he relies as supporting his application. The applicant shall also set out what facts, if any, alleged in the notice of opposition he admits. Such counterstatement shall be accompanied by a duplicate in writing.

44. Upon receipt of such counterstatement and duplicate the Registrar shall forthwith send the duplicate to the opponent, and within one month from the receipt of the duplicate the opponent shall leave at the Office such evidence by way of statutory declaration as he may desire to adduce in support of his opposition, and shall deliver to the applicant copies thereof.

45. If an opponent leaves no evidence he shall be deemed to have abandoned his opposition, but, if he does, then within one month from the receipt of the copies of declarations the applicant shall leave at the Office such evidence by way of statutory declaration as he desires to adduce in support of his application, and shall deliver to the opponent copies thereof.

46. Within fourteen days from the receipt by the opponent of the copies of the applicant’s declarations the opponent may leave at the Office evidence by statutory declaration in reply, and shall deliver to the applicant copies thereof. Such evidence shall be confined to matters strictly in reply.

47. No further evidence shall be left on either side, but in any proceedings before the Registrar he may at any time, if he thinks fit, give leave to either the applicant or the opponent to file any evidence upon such terms as to costs or otherwise as the Registrar thinks fit.

48. Where there are exhibits to declarations filed in an opposition, copies or impressions of such exhibits shall be sent to the other party on his request; or, if such copies or impressions cannot conveniently be furnished, the originals shall be sent to the Office, so that they may be open to inspection. The original exhibits shall be produced at the hearing, unless the Registrar otherwise directs.

49. (1.) Upon completion of the evidence the Registrar shall give notice to the parties of a date when he will hear the arguments in the case. Such appointment shall be for a date at least three weeks after the date of the notice, unless the parties consent to a shorter notice. Within seven days from the receipt of such notice both parties shall file an application in the T.M. form No. 6. A party who receives such notice and who does not, within seven days from the receipt thereof, give notice on the said T.M. form No. 6 that he intends to appear may be treated as not desiring to be heard, and the Registrar may act accordingly.

(2.) The hearing shall be in Wellington, except where the parties intimate to the Registrar, at least fourteen days before the time appointed for the hearing, that it is their desire that it shall be held elsewhere in New Zealand. On receipt of such intimation, and on payment of such sum to cover expenses as he thinks fit, the Registrar may, in his discretion, hear the case at such other place in New Zealand as the parties thereto may mutually desire.

50. Where in opposition proceedings any extension of time is granted to any party, the Registrar may thereafter, if he thinks fit, without giving the said party a hearing, grant any reasonable extension of time to the other party in which to take any subsequent step.

51. Where a party giving notice of opposition neither resides nor carries on business in New Zealand, the Registrar may call upon him to give a security, in such form as the Registrar may deem sufficient, for the costs of the proceedings before the Registrar, for such amount as the Registrar thinks fit, and at any stage in such opposition may require further security to be given at any time before giving his decision in the case.

52. In the event of an opposition being uncontested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the opposition was filed.

NON-COMPLETION.

53. Where registration of a trade-mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar shall give notice to the applicant in writing, in the T.M. form No. 7, of such non-completion, and, if the applicant has an agent, shall send a duplicate of such notice to such agent. If after fourteen days from the date when such notice was sent the registration is not completed, the application shall be deemed to be abandoned, but the Registrar may, with such notice, where the applicant lives at a distance, give a further time after such fourteen days for the completion of such application.

ENTRY ON THE REGISTER.

54. As soon as may be after the expiration of two months from the date of the advertisement in the Journal of any application, the Registrar shall, subject to any opposition and the determination thereof, and subject to the provisions of section 77 of the said Act, and upon payment of the prescribed fee, with T.M. form No. 8, enter the trade-mark on the register. The entry of a trade-mark on the register shall give the date of the registration, the goods in respect of which it is registered, and all particulars named in section 67 of the said Act, and such other particulars as the Registrar may deem necessary.

55. Where a mark is registered as associated with any other mark or marks the Registrar shall note upon the register in connection with such mark the numbers of the marks with which it is associated, and shall also note upon the register in connection with each of the associated marks the number of the newly registered mark as being an associated mark with each of them.

56. In case of the death of any applicant for a trade-mark after the date of his application, and before the trade-mark applied for has been entered on the register, the Registrar, after the expiration of the prescribed period of advertisement, may, on being satisfied of the applicant’s death, enter on the register, in place of the name of such deceased applicant, the name, address, and description of the person owning the goodwill of the business, on such ownership being proved to the satisfaction of the Registrar.

57. Upon the registration of a trade-mark the Registrar shall issue to the applicant a certificate in the T.M. form No. 9.

RENEWAL.

58. At any time not less than six months and not more than twelve months before the expiration of the last registration of a trade-mark any person may leave at the Office a fee for the renewal of the registration of the mark with the T.M. form No. 10. Such person shall endorse upon such form his name and address, and before taking any further step the Registrar may require such person to furnish, within such time as he may allow, an authority to pay such fee signed by the registered proprietor, and, if such person does not furnish such authority, may return such fee and treat it as not received.

59. When he does not require such authority the Registrar shall, upon receipt of such fee, communicate with the registered proprietor at his registered address, stating that the fee has been received and that the registration will in due course be renewed.

60. At a date not less than three months and not more than six months before the expiration of the last registration of a mark, if no renewal fee has been received as aforesaid, the Registrar shall send to the registered proprietor at his registered address a notice in the T.M. form No. 11.

61. At a time not less than fourteen days and not more than three months before the expiration of the last registration of a mark, the Registrar shall, if no renewal fee has been received, send a notice to the registered proprietor at his registered address in the T.M. form No. 12.

62. If at the date of the expiration of the last registration of a mark the renewal fee has not been paid, the Registrar shall advertise the fact forthwith in the Journal, and if within one month of such advertisement the renewal fee, together with an additional fee of £1, is received, he may renew the registration without removing the mark from the register.

63. Where after one month from such advertisement such fees have not been paid, the Registrar may remove the mark from the register as of the date of the expiration of the last registration; but may upon payment of the renewal fee, together with an additional fee of £2, with T.M. form No. 13, restore the mark to the register if satisfied that it is just so to do, and upon such conditions as he may think fit to impose.

64. Where a trade-mark has been removed from the register the Registrar shall cause to be entered in the register a record of such removal and of the cause thereof.

65. Upon the renewal of a registration a notice to that effect shall be sent to the registered proprietor at his registered address, and the renewal shall be advertised in the Journal.

66. (1.) Where a trade-mark has been registered in respect of goods included in more than one of the classes of goods described in the Third Schedule hereto there shall be payable for the renewal of the registration of that trade-mark a separate fee of £1 in respect of each kind of goods to which that trade-mark relates which is included in a separate class in the said Third Schedule.

(2.) All references in these regulations to a fee for the renewal of the registration of a trade-mark shall be read subject to this regulation.