JUNE 27.] THE NEW ZEALAND GAZETTE. 1689

(2.) 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.

89. Whenever the last day fixed by the said Act or by these regulations for leaving any document or paying any fee at the Office falls on a Saturday or Sunday, or any day on which the Office or Local Patent Office is not open to the public, as provided in regulation 85 hereof (herein referred to as “excluded days”), it shall be lawful to leave such document or to pay such fee on the day next following such excluded day, or days if two or more of them occur consecutively.

90. Where a time for paying a fee is limited by these regulations, and the person who is bound to pay such fee resides at such distance from the Office that he cannot reasonably be expected to pay the fee on the date limited by the regulation, the Registrar, if satisfied that the omission to pay the fee has not been from want of diligence on the part of the person whose business it is to pay it, may accept the fee even though the date for paying the fee has passed, and treat it as if received on the correct date, provided always that the fee is actually paid with such promptitude as can be expected in the circumstances.

CERTIFICATES.

91. The Registrar, when required, otherwise than under section 78 of the said Act, to give a certificate as to any entry, matter, or thing which he is authorized by the said Act or any of these regulations to make or do, may, on receipt of a request in writing, and on payment of the prescribed fee, give such certificate; but every certificate of registration so given shall have specified on the face thereof, whether the same is to be used in legal proceedings, or for the purpose of obtaining registration abroad, or for purposes other than use in legal proceedings or obtaining registration abroad.

92. Where a mark is registered without limitation of colour it shall be lawful for the Registrar to grant a certificate of its registration for the purpose of obtaining registration abroad either in the colour in which it appears upon the register or in any other colour or colours.

93. Where a certificate of registration is desired for use in obtaining registration abroad, the Registrar shall affix to the said certificate a copy of the mark, and shall state in such certificate such particulars concerning the registration of the mark as he thinks fit, and may omit therefrom reference to any disclaimers appearing on the register.

STATUTORY DECLARATIONS.

94. (1.) The statutory declarations required by the said Act and these regulations, or used in any proceedings thereunder, shall be headed in the matter or matters to which they relate, and shall be drawn up in the first person, and shall be divided into paragraphs consecutively numbered, and each paragraph shall so far as possible be confined to one subject. Every statutory declaration shall state the description and true place of abode of the person making the same, and shall bear the name and address of the person leaving it, and shall state on whose behalf it is left.

(2.) Such statutory declarations shall be made and subscribed as follows:—

(a.) In New Zealand, in the manner prescribed by the Justices of the Peace Act, 1908;

(b.) In the United Kingdom, before any Justice of the Peace, or any Commissioner or other officer authorized by law in any part of the United Kingdom to administer an oath for the purpose of any legal proceeding;

(c.) In any other part of His Majesty’s dominions, before any Court, Judge, Justice of the Peace, or any officer authorized by law to administer an oath there for the purpose of a legal proceeding; and

(d.) If made out of His Majesty’s dominions, before a British Minister, or person exercising the functions of a British Minister or a Consul, Vice-Consul, or other person exercising the functions or a British Consul, or a Notary Public, or before a Judge or Magistrate.

95. Any document purporting to have affixed, impressed, or subscribed thereto or thereon the seal or signature of any person hereby authorized to take such declaration, in testimony of such declaration having been made and subscribed before him, may be admitted by the Registrar without proof of the genuineness of any such seal or signature, or of the official character of such person or his authority to take such declaration.

APPLICATIONS TO AND ORDERS OF THE COURT.

96. (1.) Where an order has been made by the Court in any case under the said Act, the person in whose favour such order has been made, or such one of them, if more than one, as the Registrar may direct, shall forthwith leave at the Office an office copy of such order, together with the T.M. form No. 26 if required. The register may, if necessary, thereupon be rectified or altered by the Registrar.

(2.) Every application to the Court under the said Act shall be served on the Registrar.

97. Whenever an order is made by the Court under the said Act the Registrar may, if he thinks that such order should be made public, publish it in the Journal.

CONVENTION APPLICATIONS.

98. (1.) Every application for the registration of a trade-mark under section 144 of the said Act (hereinafter referred to as a Convention application) shall contain a declaration that foreign application has been made for the protection of the trade-mark to which the Convention application relates, and shall specify the country or countries in which such foreign applications have been made, and the official date or dates of those applications respectively.

(2.) A copy of the said trade-mark, duly certified by the official chief or head of the Patent Office in the country in which the first foreign application was made, or otherwise verified to the satisfaction of the Registrar, must be left at the Office at the same time as the application, or within such further time thereafter as the Registrar may allow.

REGULATIONS REVOKED.

99. All regulations relating to trade-marks in force under the Patents, Designs, and Trade-marks Act, 1911, at the commencement of these regulations are hereby revoked.

FIRST SCHEDULE.

FEES.

On application not otherwise charged to register a trade-mark, for one or more articles included in one class .. .. .. .. £ s. d.
0 15 0
On application not otherwise charged to register a series of trade-marks, for one or more articles included in one class .. .. .. 0 15 0
On notice of opposition, for each application opposed, by opponent .. .. .. 1 0 0
On the hearing of each opposition, by applicant and by opponent respectively .. .. .. 1 0 0
For registration of a trade-mark, for one or more articles included in one class .. .. 1 10 0
For registration of a series of marks, for one or more articles included in one class—
For the first mark .. .. .. 1 10 0
And for every other mark of the series .. 0 10 0
Upon each entry in the register of a mark of a note that the mark is associated with a newly registered mark .. .. .. .. 0 1 0
On application to register a subsequent proprietor in cases of assignment or transmission of a single mark .. .. .. .. 1 0 0
On application to register a subsequent proprietor of more than one mark standing in the same name, the devolution of title being identical in each case—
For the first mark .. .. .. 1 0 0
And for every other mark .. .. .. 0 2 0
On application to change the name of a proprietor of a single mark where there has been no alteration in the proprietorship .. .. .. 0 5 0
On application to change the name of a proprietor of more than one mark standing in the same name, the change being the same in each case—
For the first mark .. .. .. 0 5 0
And for every other mark .. .. .. 0 1 0
For renewal of registration of a mark at expiration of last registration .. .. .. 2 0 0
For renewal of registration of a series of marks at the expiration of last registration—
For the first mark of the series .. .. 2 0 0
And for every other mark of the series .. 0 10 0
Additional fee under Rule 62 .. .. .. 1 0 0
Additional fee under Rule 63 .. .. .. 2 0 0
For altering a single entry of the address of a registered proprietor .. .. .. 0 5 0
For altering more than one entry of the address of a registered proprietor where the address in each case is the same and is altered in the same way—
For the first entry .. .. .. 0 5 0
And for every other entry.. .. .. 0 1 0
For every entry in the register of a rectification thereof or an alteration therein, not otherwise charged .. .. .. .. 0 10 0
For cancelling the entry or part of the entry of a trade-mark upon the register on the application of the owner of such trade-mark .. .. 0 5 0
On request, not otherwise charged, under section 73 (6) or under section 121 .. .. .. 0 5 0
For a search under Regulation 82 .. .. 0 2 6
For certificate of Registrar .. .. .. 0 5 0