1688

THE NEW ZEALAND GAZETTE.

[No. 49

ASSIGNMENT.

67. Any person who has become entitled to a registered trade-mark by assignment, transmission, or other operation of law may leave a request at the Office for the entry of his name in the register as proprietor of such trade-mark. The request shall be on the T.M. form No. 14, and such request shall contain the name, address, and description of the person claiming to be entitled to the trade-mark (hereinafter called “the claimant”).

68. (1.) Every assignment, and every other document containing, giving effect to, or being evidence of the transmission of a registered trade-mark as claimed by such request, except such documents as are matters of record, shall, unless the Registrar in his discretion otherwise directs, be produced to him together with the request, and he may call for such other proof of title as he may require for his satisfaction.

(2.) As to a document which is a matter of record, an official or certified copy thereof shall in like manner be produced to the Registrar.

(3.) There shall also be left with the request an attested copy of the assignment or other document or copy above required to be produced.

69. Such request shall in the case of an individual be made and signed by the claimant, and in the case of a firm or partnership by one or more members of such firm or partnership, and in the case of a body corporate shall be signed by a director or by the secretary or other principal officer of such body corporate.

70. In any case the Registrar may call on any person who desires to be registered as proprietor of a trade-mark for such proof or additional proof of title as the Registrar may require for his satisfaction.

ALTERATION OF ADDRESS.

71. Every registered proprietor of a trade-mark who alters his address shall forthwith apply to the Registrar on the T.M. form No. 15 to insert the new address on the register, and the Registrar shall alter the register accordingly.

DISCRETIONARY POWER.

72. Before exercising any discretionary power given to the Registrar 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.

APPLICATIONS UNDER SECTION 88 OF THE SAID ACT.

73. All applications to the Registrar under section 88 of the said Act shall be upon the T.M. form No. 16. Such application shall be accompanied by a case setting out fully the facts relating to the marks which the Registrar is requested to permit an apportionment of.

74. Upon receipt of such request and of such case the Registrar shall inquire into the facts and call for such evidence as he may deem necessary upon the subject of such application. Before giving his decision the Registrar shall, if necessary, give the parties an opportunity of attending before him at a hearing either by themselves or by their agents. The decision of the Registrar shall be in writing.

75. Upon any apportionment of marks under the said section the Registrar shall insert in the register a note in connection with each of the registered trade-marks of the fact of such apportionment, and shall in such note refer to the date of the decision under which such apportionment has taken place.

APPLICATIONS UNDER SECTION 121 OF THE SAID ACT.

76. Applications to the Registrar under section 121 of the said Act (in so far as it relates to trade-marks) may be made by the registered proprietor, or by the trustee in bankruptcy of the registered proprietor, or, where the registered proprietor is a company in liquidation, by the liquidator, and in other cases by such person as the Registrar may decide to be entitled to act in the name of the registered proprietor.

77. Where such application is made the Registrar may require such evidence by statutory declaration or otherwise as he thinks fit as to the circumstances in which the application is made.

78. Where application is made, on the T.M. form No. 21, to enter a disclaimer or memorandum relating to a trade-mark, the Registrar, before deciding upon such application, shall advertise the application in the Journal for one month in order to enable any person desiring so to do to state any reasons in writing against the applicant being allowed to make such disclaimer or enter such memorandum.

APPLICATIONS UNDER SECTION 99 OF THE SAID ACT.

79. Where a person desires to apply under section 99 of the said Act to alter a trade-mark, he shall make his application in writing on the T.M. form No. 22, and shall furnish the Registrar with four copies of the mark as it will appear when altered.

80. (1.) Before proceeding with such application the Registrar may call on the applicant to furnish a block suitable to advertise in the Journal the fact that such application has been made, or, if he thinks fit, the Registrar, without calling for a block, may insert an advertisement describing the alteration proposed in words so that it can be understood by persons interested in the matter.

(2.) Where leave is granted the Registrar may, if he is not already in possession of a block showing the trade-mark as altered, cause the applicant to furnish a block showing the trade-mark as altered for advertisement in the Journal, and upon receipt of such block shall forthwith advertise the mark as altered in the Journal.

APPLICATIONS UNDER SECTION 102 OF THE SAID ACT.

81. An application for the rectification of the register or the removal of a trade-mark from the register, if made to the Registrar, shall be in T.M. form No. 23. Such application shall be accompanied by an unstamped copy and a statement (in duplicate) setting out fully the nature of the applicant’s interest, the facts upon which he bases his case, and the relief which he seeks. Copies of the application and the statement of case will be transmitted forthwith by the Registrar to the registered proprietor.

82. Upon such application being made, and copy thereof transmitted to the registered proprietor, the provisions of regulations 43 to 52 hereof shall apply, mutatis mutandis, to the further proceedings thereon. In any case of doubt any party may apply to the Registrar for directions.

83. Any person other than the registered proprietor alleging interest in a registered trade-mark in respect of which an application is made, on T.M. form No. 24, may apply to the Registrar for leave to intervene, and the Registrar may refuse or grant such leave, after hearing the parties concerned, upon such conditions and terms as he deems fit. Before dealing with such application in any way the Registrar may require the applicant to give an undertaking to pay such costs as in the circumstances he may award to any party.

SEARCH.

84. The Registrar, if requested so to do in writing upon the T.M. form No. 25, may cause a search to be made in any class to ascertain whether any marks are on record at the date of such search which may resemble any mark sent in duplicate to him by the person requesting such search, and may cause that person to be informed of the result of such search.

HOURS OF INSPECTION.

85. The Office shall be open to the public every week-day, except Saturday, between the hours of 9 a.m. and 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 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.

86. 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 of 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.

87. Any document or drawing or other representation of a trade-mark 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.

88. (1.) 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.