NZ005: Marks, Regulations, 15/12/1954, No. 222
Serial Number 1954/222
THE TRADE MARKS REGULATIONS 1954
C. W. M. NORRIE, Governor-General
ORDER IN COUNCIL
At the Government House at Wellington this 15th day of December 1954
Present:
His Excellency the Governor-General in Council
Pursuant to the Trade Marks Act 1953, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
REGULATIONS
Preliminary
Title, Commencement, and Arrangement
1.-
(1) These regulations may be cited as the Trade Marks Regulations 1954.
(2) These regulations shall come into force immediately following the commencement of the Trade Marks Act 1953.
(3) These regulations are arranged as follows:
Interpretation
2. In these regulations, unless the context otherwise requires,-
"The Act" means the Trade Marks Act 1953:
"Agent" means an agent duly authorized to the satisfaction of the Commissioner:
"Commonwealth" means the British Commonwealth of Nations; and includes every territory for whose international relations the Government of any country of the Commonwealth is responsible:
"Specification" means the designation of goods in respect of which a trade mark, or a registered user of a trade mark, is registered or proposed to be registered:
A reference to a numbered form is a reference to the trade marks form so numbered in the Second Schedule to these regulations.
Fees
3. The fees to be paid in respect of the registration of trade marks and applications therefor and in respect of other matters relating to trade marks arising under the Act shall be those prescribed in the First Schedule to these regulations.
Time of Payment
4. Fees and charges payable to the Patent Office under the Act or these regulations shall be paid at the time of making an application or request or upon giving notice or filing any form in respect of which a fee or charge is payable under these regulations.
Form of Payment
5. All fees shall be payable in cash at the Patent Office. The Commissioner may, however, accept payments made in any other form, but in such case he may delay or cancel the credit until collection is made. Money sent by mail to the Patent Office shall be at the risk of the sender.
Payments from Beyond New Zealand
6. Remittances from beyond New Zealand must be payable and immediately negotiable in New Zealand for the full amount of the prescribed fee.
Forms
7. The forms set out in the Second Schedule to these regulations shall be used in all cases to which they are applicable, and may be modified as directed by the Commissioner. Where no form is prescribed, the Commissioner may accept an application in such written form as he thinks fit.
Size, etc., of Documents
8. Unless the Commissioner otherwise directs, all documents and copies of documents filed at the Patent Office under the Act or these regulations shall be,-
(a) In the English language;
(b) Upon strong white paper of a size approximately 13 in. by 8 in.;
(c) Except in the case of printed forms, declarations, and affidavits, on one side only; and
(d) Set out leaving a margin of at least 1½ in. on the left-hand part thereof.
Signature of Documents
(1) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by any qualified partner, or by any other person who satisfies the Commissioner that he is authorized to sign the document.
(2) A document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the secretary or other principal officer of the body corporate, or by any other person who satisfies the Commissioner that he is authorized to sign the document.
(3) A document purporting to be signed for or on behalf of an association of persons may be signed by any person who appears to the Commissioner to be duly qualified.
Classification of Goods
Goods Classified According to Third Schedule or Fourth Schedule
10.-
(1) For the purposes of trade mark registrations dated before the 11th day of December 1941, and of registrations of registered users thereunder, goods shall be classified in the manner appearing in the Third Schedule to these regulations, unless the specification has been converted pursuant to these regulations.
(2) For the purposes of trade mark registrations dated on or after the 11th day of December 1941, and of registrations of registered users thereunder, and for the purposes of any registrations dated before that date the specifications of which have been converted pursuant to these regulations, goods shall be classified in the manner appearing in the Fourth Schedule to these regulations.
Conversion of Specification
11.-
(1) Where the specification of a registered trade mark is founded on the Third Schedule to these regulations, the registered proprietor may apply to the Commissioner in form 1 for the conversion of that specification so that it may be founded on the Fourth Schedule to these regulations, whether with or without the striking out of goods therefrom, but so that the registration retains its original date and shall include in the application a request for the like conversion of the specification of the goods of any registered users under that registration. Thereupon the Commissioner, in accordance with section 46 (3) of the Act shall notify the registered proprietor in writing of the Commissioner's proposal as to the form which the amendment of the register should take. Two or more registrations of a trade mark in respect of goods falling within the same class of the Fourth Schedule to these regulations and having the same date of registration may be amalgamated upon conversion in accordance with this subclause.
(2) The advertisement of a proposal for amendment under section 46 (3) of the Act shall be made in the Journal. Notice of any opposition shall be given in form 2 within three months from the date of the advertisement, and shall be accompanied by a duplicate of the notice and by a statement in duplicate showing how the proposed conversion would be contrary to section 46 (2) of the Act. The Commissioner shall forthwith send the duplicate copies to the registered proprietor, who may, within two months from the receipt of the duplicates, send to the Commissioner a counterstatement setting out fully the grounds on which the opposition is contested, and if he does so he shall deliver to the opponent a copy thereof. The Commissioner may thereupon require or admit evidence directed to the questions in issue, and if so desired by either party he shall, before deciding the matter, give the parties an opportunity of being heard.
(3) When a proposal for the conversion of a specification in accordance with subclause (1) of this regulation has been advertised and has not been opposed, and the time for notice of opposition has expired, or having been opposed the opposition has been determined and a conversion allowed, the Commissioner shall make all the entries in the register which are necessary to give effect to the conversion in accordance with the proposal as advertised, or the proposal as amended after opposition or appeal thereon and subsequent publication in the Journal, and shall enter in the register the date when the entries were made. All registrations subdivided or amalgamated upon conversion shall have the same expiry date as the registration had before the conversion.
Agents
Appointment of Agents
12.-
(1) Any applicant or party to any proceedings before the Commissioner under the Act may appoint an agent to act for him either generally or in respect of the particular proceedings by sending to the Commissioner an authority in form 3 or in such other written form as the Commissioner may deem sufficient.
(2) Service upon any agent so appointed of any document relating to the proceeding or matter shall be deemed to be service upon the person so appointing him. All communications directed to be made to that person in respect of any proceeding or matter covered by the authority may be addressed to the agent, and all attendances upon the Commissioner relating thereto may be made by or through the agent. In any particular case the Commissioner may require the attendance of any person.
(3) Except where otherwise prescribed by these regulations, all applications or other documents which under the Act or these regulations are required or permitted to be made or given to the Commissioner, and all other communications between an applicant or a person making a request or giving a notice and the Commissioner, and between the registered proprietor or a registered user of a trade mark and the Commissioner or any other person, may be signed, made, or given by or through an agent duly appointed. In any particular case the Commissioner may require the personal signature of any applicant or other person.
(4) Any applicant or party may at any time, by notice in writing to the Commissioner, revoke any appointment of an agent made by him, either generally or in respect of any particular proceeding or matter.
Unrecognized Agents
13. The Commissioner may refuse to recognize as an agent in respect of proceedings under the Act any person-
(a) Who is for the time being suspended from practice before the Patent Office; or
(c) Whose name has been removed from or struck off the roll of barristers or solicitors pursuant to the provisions of the Law Practitioners Act 1931 and has not been restored thereto, or who is for the time being suspended from practice as a barrister or solicitor; or
(d) Who has been convicted of a crime involving dishonesty as specified in section 237 of the Crimes Act 1908; or
(e) Who neither resides nor carries on business in New Zealand.
Correspondence and Address for Service
Addressing of Correspondence, etc.
14. All letters and other communications intended for the Patent Office and relating to any matter arising under the Act or these regulations shall be addressed to the Commissioner of Trade Marks, Wellington. When appropriate, a letter may be marked for the attention of a particular officer.
Date of Applications
15. Any application or document made to or filed with the Commissioner in proceedings under the Act shall be deemed to have been made or filed when it is received at the Patent Office.
Address
16. Where any person is by the Act or these regulations required to furnish the Commissioner with an address (including an address for service), the address given shall in all cases be as full as possible, for the purpose of enabling any person easily to find the place of the trade or business of the person whose address is given. The address shall include the town or locality and, where applicable, the name of the street and the number in the street or name of the premises.
Address for Service
(1) The Commissioner may require any party to any proceedings under the Act who does not reside or carry on business within New Zealand to give, within such time (not being less than one month) as he may allow, an address for service within New Zealand. Where an address for service is given pursuant to section 75 of the Act or under these regulations, such an address may be treated as the actual address of that person for all purposes connected with the matter in question.
(2) Any registered proprietor or registered user of a trade mark or any person about to be registered as such may give in form 4 an address for service for entry in the register, and that address may be entered by the Commissioner.
(3) No fee shall be payable on or in respect of an entry of address for service made pursuant to this regulation.
(4) In any case in which no address for service is entered in the register, the Commissioner may, subject to the provisions of regulation 12 (2) hereof, treat the trade or business address of the registered proprietor or registered user as therein entered as his address for service for all purposes connected with the registration.
(5) Any written communication addressed to a party or person as aforesaid at an address given by him, or treated by the Commissioner, as his address for service, shall be deemed to be properly addressed.
(6) The Commissioner, if in doubt as to the continued availability of an address for service entered in the register, may request the person for whom it is entered, by written communication addressed to his trade or business address in the register, to confirm the address for service, and if within three months of making such a request the Commissioner receives no confirmation of that address he may strike it off the register.
Application for Registration of Trade Mark
Form of Application
18.-
(1) An application to the Commissioner for the registration of a trade mark shall be signed by the applicant or his agent and shall be for registration in respect of goods in one class of the Fourth Schedule only.
(2) Every application claiming priority under section 73 of the Act by reason of an application to register the trade mark made or deemed to have been made in a convention country, which shall be named, shall state the date of that application, and the applicant shall furnish a certificate by the registering authority of that country, or shall otherwise verify the application made or deemed to have been made therein to the satisfaction of the Commissioner.
(3) An application for the registration of a trade mark other than a defensive or certification trade mark shall be in form 5.
Separate Applications
19. 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, whether on conversion of the specification under regulation 11 thereof or otherwise, the registration in respect of the goods included in each separate class shall be deemed to be a separate registration for all the purposes of the Act.
Representation of Mark
20.-
(1) Every application for registration of a trade mark shall contain or have attached thereto a representation of the mark in the space provided on the application form for that purpose.
(2) The Commissioner may in any case require the applicant to furnish further representations of the mark.
Representations to be Satisfactory
21. The Commissioner, 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.
Specimens of Marks in Exceptional Cases
22.-
(1) Where a drawing or other representation or specimen cannot be given in the manner specified in regulation 20 hereof, 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 Commissioner may think most convenient.
(2) The Commissioner may also, in exceptional cases, require the deposit in the Patent Office of 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 may think fit.
Series of Trade Marks
23. Where application is made for the registration of a series of trade marks under section 30 (2) of the Act, a representation of each trade mark of the series shall be included in the application form.
Transliteration and Translation
24.-
(1) Where a trade mark contains a word or words in characters other than Roman, there shall, unless the Commissioner otherwise directs, be endorsed on the application form a sufficient transliteration and translation to the satisfaction of the Commissioner of each of those words, and every such endorsement shall state the language to which the word belongs and 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 Commissioner may ask for an exact translation thereof together with the name of the language, and such translation and name, if he so requires, shall be endorsed and signed as aforesaid.
Name or Description of Goods on Trade Mark
25.-
(1) Where the name or description of any goods appears on a trade mark, which name or description may vary in use, the Commissioner may register the mark for those and other goods if the applicant undertakes that the name or description will be varied when the mark is used on goods covered by the specification other than the name or described goods. Any such undertaking shall be entered on the application.
(2) If the applicant does not so undertake, the Commissioner may refuse to register the mark in respect of any goods other than the named or described goods.
Procedure Following Application
Search
26. Upon receipt of an application for the registration of a trade mark in respect of any goods, the Commissioner shall cause a search to be made of the registered marks and the marks at the time included in pending applications, for the purpose of ascertaining whether there are on record in respect of the same goods or description of goods any marks identical with the mark applied for, or so nearly resembling it as to render the mark applied for likely to deceive or cause confusion. The Commissioner may cause the search to be renewed at any time before the acceptance of the application, but shall not be bound to do so.
Acceptance, Absolute or Conditional: Objection
27.-
(1) After the search, and after consideration of the application and of any evidence of use or of distinctiveness and of any other information or matter which the applicant may or may be required to furnish, the Commissioner may accept the application absolutely, or he may object to it, or he may express his willingness to accept it subject to such conditions, amendments, disclaimers, modifications, or limitations (in this regulation referred to as conditions) as he may think fit to impose.
(2) If the Commissioner objects to the application, he shall advise the applicant in writing. The applicant shall, within such period (not being less than one month) as the Commissioner may allow, apply for a hearing or make a considered reply in writing to those objections.
(3) If the Commissioner is willing to accept the application subject to any conditions, he shall advise the applicant in writing. The applicant shall thereupon, within such period (not being less than one month) as the Commissioner may allow, either-
(a) Agree to the conditions and alter his application accordingly; or
(b) Object to the conditions or any of them, in which case he shall apply for a hearing or communicate his considered objections in writing.
(4) If the applicant fails to comply with the requirements of this regulation within the time allowed, he shall be deemed to have withdrawn his application.
Decision of Commissioner
(1) The Commissioner shall inform the applicant in writing of his decision, whether at a hearing, or without a hearing if the applicant has communicated his considered reply or considered objections in writing and has not stated that he desires to be heard. On payment of the prescribed fee the applicant may, within such period (not being less than one month) as the Commissioner may allow, require the Commissioner to state in writing the grounds of and the materials used in arriving at his decision. The date when the statement is sent to the applicant shall be deemed to be the date of the Commissioner's decision for the purpose of appeal.
(2) Where the Commissioner makes any requirements to which the applicant does not object, the applicant shall comply therewith before the Commissioner gives a statement in writing.
Defensive Trade Marks
Defensive Applications
(1) An application to the Commissioner for the registration of a defensive trade mark under section 36 of the Act shall be in form 6 and shall be accompanied by a statement of case setting out full particulars of the facts upon which the applicant relies in support of his application, verified by a statutory declaration made by the applicant or some other person approved for the purpose by the Commissioner.
(2) The applicant may send with this declaration or subsequently such other evidence as he may desire to furnish, whether after request made by the Commissioner or otherwise, and the Commissioner shall consider the whole of the evidence before deciding on the application. The provisions of these regulations shall, so far as applicable, extend to defensive applications as they extend to applications for the registration of ordinary trade marks.
Certification Trade Marks
Certification Applications
(1) An application to the Commissioner for the registration of a certification trade mark under section 47 of the Act shall be made in duplicate in form 7.
(2) The provisions of these regulations shall, so far as they are applicable, extend to certification applications as they extend to applications for the registration of ordinary trade marks, except that the applicant shall not be deemed to have withdrawn his application if in the circumstances of regulation 27 he does not apply for a hearing or reply in writing.
(3) The address of an applicant to register a certification trade mark shall be deemed to be a trade or business address for all the purposes for which such an address is required by these regulations.
Statement of Case; Draft Regulations
31. The applicant shall send in duplicate to the Commissioner with his application or when required by the Commissioner a case setting out the grounds on which he relies in support of his application, together with draft regulations for governing the use of the mark. The Commissioner may communicate to the applicant any observations he may think fit on the sufficiency of the case or the suitability of the draft regulations, and the applicant may modify either of those documents.
Advertisement of Application
Manner of Advertising
(1) An application for the registration of a trade mark required or permitted to be advertised shall be advertised in the Journal during such times and in such manner as the Commissioner may direct. In the case of an application with which the Commissioner proceeds only after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trade mark or another applicant, the words "By consent" and the number of the previous registration of application for registration shall appear in the advertisement.
(2) If no representation of the trade mark is included in the advertisement of the application, the Commissioner shall refer in the advertisement to the place or places where a specimen or representation of the trade mark is deposited for exhibition.
Printing Block
33. For the purposes of any such advertisement the applicant may, at the appropriate time, supply or be required to supply a printing block (or, if necessary, more than one) of the trade mark satisfactory to the Commissioner, of such dimensions as may from time to time be approved or directed by the Commissioner, or shall supply such information or other means of advertising the trade mark as may be required by the Commissioner. The Commissioner, if dissatisfied with the printing block supplied by the applicant or his agent, may require a fresh block before proceeding with the advertisement.
Advertisement of a Series
34. When an application relates to a series of trade marks differing from one another in respect of the particulars mentioned in section 30 (2) of the Act, the applicant may be required to supply a printing block (or, if necessary, more than one) satisfactory to the Commissioner of any or of each of the trade marks constituting the series, or the Commissioner may, if he thinks fit, insert with the advertisement of the application a statement of the manner in which the several trade marks differ from one another.
35. Advertisements under section 27 (10) or section 45 of the Act shall, so far as appropriate, be made in the same manner as advertisements relating to an application for registration.
Opposition to Registration
Notice of Opposition
36. Any person may within three months from the date of any advertisement in the Journal of an application for registration of a trade mark (including a defensive or certification trade mark) give notice to the Commissioner in duplicate in form 8 of opposition to the registration.
Contents of Notice
37.-
(1) The notice shall include a statement of the grounds upon which the opponent objects to the registration. If registration is opposed on the ground that the mark resembles marks already on the register, the numbers of such trade marks and the dates of the Gazettes or Journals in which they have been advertised shall be set out.
(2) The Commissioner shall forthwith send the duplicate of the notice to the applicant.
Counterstatement
38. Within two months from the date of the receipt of the duplicate the applicant shall send to the Commissioner a counter-statement in duplicate in form 9 setting out the ground 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. If a counter-statement is not sent within the period allowed, the applicant shall, unless the Commissioner otherwise directs, be deemed to have abandoned his application.
Evidence in Support of Opposition
39.-
(1) Upon receipt of the counterstatement and duplicate, the Commissioner shall forthwith send the duplicate to the opponent; and, within two months from the date of the receipt of the duplicate, the opponent shall leave with the Commissioner 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.
(2) If the opponent does not intend to leave any evidence he shall within two months from the date of the receipt of the duplicate notify the Commissioner and the applicant accordingly.
(3) If the opponent neither leaves any evidence nor notifies his intention not to leave any evidence, he shall be deemed to have abandoned his opposition.
Evidence in Support of Application
40. Within two months from the date of the receipt of the copies of declarations, or of notice of intention not to leave any evidence, the applicant shall leave with the Commissioner such evidence by way of statutory declaration as he may desire to adduce in support of his application, and shall deliver to the opponent copies thereof.
Evidence in Reply
41. Within one month from the date of the receipt by the opponent of the copies of the applicant's declarations the opponent may leave with the Commissioner evidence by statutory declaration in reply, and shall deliver to the applicant copies thereof. This evidence shall be confined to matters strictly in reply.
Further Evidence
42. No further evidence shall be left on either side, but in any proceedings before the Commissioner he may at any time, if he thinks fit, give leave to either the applicant or the opponent to leave any evidence upon such terms, as to costs or otherwise as he may think fit.
Exhibits
43. Where there are exhibits to declarations filed in an opposition, copies or impressions of the exhibits shall be sent to the other party on his request and at his expense, or, if such copies or impressions cannot conveniently be furnished, the originals shall be left with the Commissioner in order that they may be open to inspection. The original exhibits shall be produced at the hearing unless the Commissioner otherwise directs.
Hearing
(1) On completion of the evidence (if any), the Commissioner shall appoint a time for the hearing of the case, and shall give the parties not less than fourteen days' notice of the appointment. If any party desires to be heard he shall notify the Commissioner and pay the prescribed fee, and the Commissioner may refuse to hear any party who has not complied with this regulation before the time of the hearing.
(2) Except as provided in subclause (3) of this regulation, every hearing shall be at Wellington.
(3) One or more of the parties may, not later than fourteen days before the date appointed for the hearing, apply to the Commissioner to conduct the hearing at some other place in New Zealand. The Commissioner may in his discretion, on payment by the party making the application of such sum to cover expenses and subject to such conditions as to notice and costs as the Commissioner thinks fit, conduct the hearing at the place named in the application.
(4) Where an application under subclause (2) of this regulation is not made by all the parties to the proceedings, the Commissioner shall not decide the application without giving the parties an opportunity to be heard.
Extension of Time
45. Where in opposition proceedings any extension of time is granted to any party, the Commissioner may thereafter, if he thinks fit, without giving the party a hearing, grant any reasonable extension of time to any other party in which to take any subsequent step.
Costs in Uncontested Case
46. In the event of an opposition being uncontested by the applicant, the Commissioner, 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 notice of opposition was lodged.
Failure to Proceed to Registration
Non-completion
(1) In any case where by reason of default on the part of the applicant a trade mark is not registered within six months from the date of its advertisement or, if advertised before acceptance under the proviso to section 27 (1) of the Act, from the date of acceptance, the Commissioner may send a notice of non-completion in form 10 to the applicant at his trade or business address, or his address for service, and to any agent appointed by the applicant:
Provided that in no case shall the Commissioner send a notice of non-completion until the expiration of twelve months from the date of the application for registration.
(2) If within such time (not being less than one month) as the Commissioner may allow the applicant does not take all steps necessary to complete registration, he shall be deemed to have abandoned his application.
Entry in the Register
Registration
(1) As soon as may be after the expiration of three months from the date of the advertisement in the Journal of any application for the registration of a trade mark the Commissioner shall, subject to any opposition and the determination thereof, and subject to the provisions of section 28 (1) of the Act, and upon payment of the prescribed fee, enter the trade mark in the register and advertise that fact in the Journal.
(2) The entry of a trade mark in the register shall give the date of the registration, the goods in respect of which it is registered, and all particulars specified in section 5 (1) of the Act, including the trade and business address and the address for service, if any, particulars of the occupation or other description of the proprietor, particulars of any undertakings by the proprietor entered in the form of application or affecting the scope of the registration or the rights conferred by the registration, and such other particulars as the Commissioner may think fit.
(3) In the case of an application which the Commissioner accepts only after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trade mark or another applicant for registration, the entry in the register shall state that it is made "By consent", and shall give the number of the previous registration or application for registration.
Associated Marks
(1) The Commissioner shall record and group in a separate part of the register all marks registered as associated marks under section 32 (2) of the Act.
(2) An application by a registered proprietor under section 32 (5) of the Act to the Commissioner to dissolve the association between two or more associated trade marks shall be made in form 11, and shall include a statement of the grounds of the application.
Death of Applicant or Dissolution of Corporate Applicant
50. In case of the death of any applicant or the dissolution of a corporation applying for the registration of a trade mark after the date of the application and before the trade mark has been entered in the register, the Commissioner, after the expiration of the prescribed period of advertisement and the determination of any opposition to the application, may, on being satisfied of the applicant's death or the dissolution of the corporation, enter in the register, in place of the original applicant, the name of the person owning the trade mark, on the ownership being proved to the satisfaction of the Commissioner.
Certificate of Registration
51. Upon the registration of a trade mark the Commissioner shall issue to the applicant a certificate in form 12, and shall affix thereto a copy of the mark.
Renewal of Registration
Renewal
52. At any time not more than twelve months before the expiration of the last registration of a trade mark any person may leave at the Patent Office a fee for the renewal of the registration of the mark with an application in form 13, and, if he is not the registered proprietor, shall sign a statement on the form that he is directed by the registered proprietor to pay the fee (if such be the case), and shall give his address. Before taking any further step the Commissioner may require the person leaving the fee to furnish within such time as the Commissioner may allow an authority to pay the fee signed by the registered proprietor; and, if he does not furnish such authority, may return the fee and treat it as not received.
Notice of Expiration of Registration
(1) 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 fee has been received as aforesaid, the Commissioner shall notify the registered proprietor in writing of the approaching expiration.
(2) If an address for service has been entered in respect of the mark, the notice shall be sent to the registered proprietor at that address. If no address for service has been entered, the notice shall be sent to the last known trade or business address of the registered proprietor.
Advertisement of Non-payment
54. If at the date of the expiration of the last registration of a mark the renewal fee has not been paid, the Commissioner shall advertise the fact forthwith in the Journal, and if between the date of the expiration of the registration and one month after the advertisement the renewal fee with an application in form 13 is received, together with the additional fee prescribed in the First Schedule, he shall renew the registration without removing the mark from the register.
Removal from Register and Restoration
55. If between the expiration of the registration of a trade mark and one month from the advertisement mentioned in regulation 54 hereof the fees therein mentioned have not been paid, the Commissioner 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 and receipt of an application in form 13, together with a restoration fee and an application in form 14, restore the mark to the register if he is satisfied that it is just so to do, and upon such conditions as he may think fit to impose.
Record of Removal of Mark
56. Where a trade mark has been removed from the register, the Commissioner shall cause to be entered in the register a record of the removal and of the cause thereof.
Notice and Advertisement of Renewal and Restoration
57. Upon the renewal, or restoration and renewal, of a registration, a notice to that effect shall be sent to the registered proprietor, and the renewal, or restoration and renewal, shall be advertised in the Journal.
Assignment and Transmission
Application for Entry of Assignment or Transmission
58. Where a person becomes entitled by assignment or transmission to a registered trade mark he shall either by himself or jointly with the registered proprietor apply to the Commissioner in form 15 to register his title.
Particulars to be Stated in Application: Copies of Documents
59. An application under regulation 58 hereof shall contain the name, the trade or business address, and the description and nationality or citizenship of the person claiming to be entitled and full particulars of any instrument under which he claims. Except as provided in regulation 60 hereof, the application shall be accompanied by the original instrument or a verified copy for inspection by the Commissioner and, if the return of the original or verified copy is desired, a certified copy thereof for retention at the Patent Office.
Statement of Case with Application
60. If the applicant under regulation 58 hereof is unable to produce all the documents or instruments necessary to prove his title, he shall furnish to the Commissioner a statement of case setting out the full particulars of the facts upon which his claim to be proprietor of the trade mark is based, and showing that the trade mark has been assigned or transmitted to him. The statement of case shall be verified by a statutory declaration.
Application for Entry of Assignment Without Goodwill
(1) An applicant under regulation 58 hereof claiming under an assignment made on or after the 1st day of January 1940 shall state-
(a) Whether the trade mark was at the time of the assignment used in a business in any of the goods in respect of which it was registered; and
(b) Whether the assignment was made otherwise than in connection with the goodwill of that business.
(2) If both these circumstances subsisted, the applicant shall leave with the Commissioner either a copy of the Commissioner's directions obtained under regulation 66 hereof or an application for directions. The provisions of regulation 66 hereof shall apply to an application for directions left with an application to register title.
(3) When the Commissioner is satisfied by such proof, including copies of advertisements, as he may require that his directions have been complied with, he shall proceed with the application to register title.
Assignment to Corporation Under Section 38
(1) For the purposes of section 38 (4) of the Act, the period within which a corporation may be registered as the subsequent proprietor of a trade mark shall be six months from the date of the Journal in which the registration of the trade mark is advertised.
(2) The Commissioner may allow an extension of this period (not being more than six months) upon application at any time before or during the period for which the extension can be granted.
Entry in Register
63. When the Commissioner is satisfied as to the title of the person claiming to be registered, he shall cause him to be registered as proprietor of the trade mark in respect of the relevant goods and shall enter in the register and on any certificate of registration produced to the Commissioner the name, the trade or business address, and the description of that person. The Commissioner shall note any instrument produced to him and shall (unless no certified copy has been filed) return the instrument to the person producing it or his agent.
Separate Owners
64. Where pursuant to an application under regulation 52 hereof and as the result of a division and separation of the goods of a registration or a division and separation of places or markets different persons become registered separately under the same official number as subsequent proprietors of a trade mark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the purposes of the Act.
Commissioner's Certificate of Approval as to Certain
Assignments and Transmissions
65. Any person who desires to obtain the Commissioner's certificate under subsection (5) of section 31 of the Act, or his notification of approval under subsection (6) of that section, shall apply to the Commissioner, and shall file a statement of case in duplicate setting out the circumstances, and a copy of any instrument or proposed instrument effecting the assignment or transmission. The Commissioner may call for any evidence or further information that he may consider necessary, and the statement of case shall be amended if required to include all the relevant circumstances and shall if required be verified by a statutory declaration. The Commissioner, after hearing, if so required the applicant and any other person whom the Commissioner may consider to be interested in the transfer, shall consider the matter and issue a certificate thereon or a notification in writing of approval or disapproval thereof, as the case may be. Where a statement of case is amended, two copies thereof in its final form shall be left with the Commissioner. The Commissioner shall attach a copy of the statement of case in its final form to the certificate or notification.
Commissioner's Directions for Advertisement of Assignment
Without Goodwill of Trade Mark in Use
66.-
(1) An application to the Commissioner under section 31 (7) of the Act shall be made by the assignee in form 16, and shall state the date on which the assignment was made. The application shall give particulars of the registration in the case of a registered trade mark; and, in the case of an unregistered trade mark, shall show the mark and give particulars of the registered trade mark that has been assigned therewith in accordance with section 31 (3) of the Act. The Commissioner may call for any evidence or further information, and if he is satisfied with regard to the various matters he shall issue directions in writing with respect to the advertisement of the assignment.
(2) The Commissioner may refuse to consider such an application in a case to which section 31 (6) of the Act applies unless his approval has been obtained under the said subsection and a reference identifying the Commissioner's notification of approval is included in the application.
(3) A request to the Commissioner for an extension of the period for making the application may be made at any time before or during the period for which extension can be allowed. The extension of the period which the Commissioner may allow shall not exceed six months.
Application to Dispense With Probate or Letters of Administration
67. An application under section 58 of the Act for leave to dispense with the production of probate or letters of administration shall be made in form 17 and shall be supported by such evidence as the Commissioner may require.
Application to the Commissioner for Rectification
Application to Rectify Register
68. An application to the Commissioner under section 35, section 36, section 41, or section 42 of the Act for the making, expunging, or varying of any entry in the register shall be made in form 18, and shall be accompanied by a statement setting out fully the nature of the applicant's interest, the facts upon which he relies, and the relief which he seeks. If the applicant is not the registered proprietor of the trade mark he shall forward a copy of the application and of the statement, which the Commissioner shall send forthwith to the registered proprietor.
Subsequent Proceedings
69. The provisions of regulations 38 to 46 hereof shall apply to the subsequent proceedings, with the substitution of references to the applicant for references to the opponent and references to the registered proprietor for references to the applicant. In case of doubt any party may apply to the Commissioner for directions.
Intervention by Third Parties
70. Any person other than the registered proprietor alleging interest in a registered trade mark in respect of which an application is made under regulation 68 hereof may apply to the Commissioner in form 19 for leave to intervene, stating the nature of his interest; and the Commissioner may refuse or grant such leave, after hearing (if so required) the parties concerned, upon such conditions and terms as he may think fit. Before dealing in any way with the application for leave to intervene the Commissioner may require the applicant to give an undertaking to pay such costs as in the circumstances he may award to any party.
Applications for Alteration of the Register
Alteration of Address
(1) A registered proprietor or registered user of a trade mark whose trade or business address is changed so that the entry in the register is rendered incorrect shall forthwith request the Commissioner in form 20 to make the appropriate alteration of the address in the register, and the Commissioner shall alter the register accordingly if he is satisfied in the matter.
(2) A registered proprietor or registered user of a trade mark whose address for service in New Zealand entered in the register is changed, whether by discontinuance of the entered address or otherwise, so that the entry in the register is rendered incorrect, shall forthwith request the Commissioner in form 20 to make the appropriate alteration of the address in the register, and the Commissioner shall alter the register accordingly if he is satisfied in the matter.
(3) A registered proprietor or a registered user of a trade mark whose registered trade or business address or address for service is altered by a public authority, so that the changed address designates the same premises as before, may leave with the request a certificate given by the authority as to the alteration. If the Commissioner is satisfied as to the facts of the case he shall alter the register accordingly without requiring the payment of any fee.
(4) In case of the alteration of the address of a person entered in the register as the address for service of more than one registered proprietor or registered user of trade marks, the Commissioner may, on proof that the said address is the address of the applicant and if satisfied that it is just to do so, accept an application from that person in form 20 amended so as to suit the case for the appropriate alteration of the entries of his address as the address for service in the several registrations, particulars of which shall be given in the form, and may alter the entries accordingly.
Request for Alteration of the Register Under Section 43
72. A request to the Commissioner for an alteration of the register under section 43 of the Act otherwise than by way of alteration of address shall be made in form 21, form 22, form 23, or form 24, as may be appropriate.
Request for Correction of Error
73. A request to the Commissioner for the correction of an error under section 44 of the Act shall be made in form 25.
Evidence
74. In the case of a request under regulation 72 or regulation 73, the Commissioner may require such evidence by declaration or otherwise as he may think fit as to the circumstances in which the request is made.
Advertisement of Certain Requests
75. Where a request is made in form 24 to enter a disclaimer or memorandum relating to a trade mark, the Commissioner, before deciding upon the request, shall advertise it in the Journal in order to enable any person desiring so to do to state, within three months of the advertisement, any reasons in writing against the making of the entry of the disclaimer or memorandum.
Certificates of Validity to be Noted
76. Where the Court has certified as provided in section 61 of the Act with regard to the validity of a registered trade mark, the registered proprietor thereof may request the Commissioner in form 26 to add to the entry in the register a note that the certificate of validity has been granted in the course of the proceedings, which shall be named in the form. An office copy of the certificate shall be sent with the request, and the Commissioner shall so note the register and publish the note in the Journal.
Application to Alter Registered Trade Marks
Application to Alter Registered Trade Mark
77. An application under section 45 of the Act to add to or alter a registered trade mark shall be made in form 27, and shall be accompanied by a representation of the mark as it will appear when added to or altered.
Advertisement Before Decision
(1) The Commissioner shall, if it appears to him expedient, advertise the application in the Journal before deciding it.
(2) Any person may, within three months from the date of the advertisement in the Journal, give notice to the Commissioner in duplicate in form 28 of opposition to the application.
(3) Upon notice of opposition being given, the provisions of regulations 37 to 46 hereof shall apply to the subsequent proceedings. In case of doubt any party may apply to the Commissioner for directions.
Advertisement After Decision
79. If the Commissioner decides to allow the application he shall add to or alter the mark in the register, and if the mark so added to or altered has not been advertised under regulation 78 hereof, he shall advertise it in the Journal, and in any case shall insert in the Journal a notification that the mark has been altered.
Printing Block for Advertisement
80. In connection with an application to alter a registered trade mark, the Commissioner may at any time call on the applicant to supply a printing block satisfactory to the Commissioner and suitable for advertising the mark with the addition or alteration as aforesaid, if in the opinion of the Commissioner an advertisement describing the addition or alteration in words would not be readily understood by persons interested in the matter.
Rectification of Certification Trade Mark
Entries and Regulations
Alteration of Certification Trade Mark Regulation
81. An application by the registered proprietor of a certification trade mark for an alteration of the deposited regulations shall be made in form 29. Where pursuant to section 51 (2) of the Act the Commissioner causes the application to be advertised, the time within which any person may give notice to the Commissioner of opposition to the application shall be three months from the date of the advertisement.
Application to Commissioner for Order Rectifying Certification
Trade Mark Entries and Regulations
82. An application to the Commissioner under section 52 (1) of the Act for an order expunging or varying an entry in the register relating to a certification trade mark, or varying the deposited regulations, shall be made in form 30, and shall include full particulars of the grounds on which the application is made.
Registered User
Application for Entry of Registered User
83. An application to the Commissioner for the registration under section 37 of the Act of a person as registered user of a registered trade mark shall be made by that person and the registered proprietor in form 31.
Entry and Notification
84. The entry of a registered user in the register shall state the date on which it was made. In addition to the trade or business address of the registered user, the entry may include an address for service, given by the registered user. A notification in writing of the registration of a registered user shall be sent to the registered proprietor of the trade mark, to the registered user, and to every other registered user whose name is entered in relation to the same registration of a trade mark, and shall be inserted in the Journal.
Application by Registered Proprietor to Vary Entry
85. An application by the registered proprietor of a trade mark for the variation of the registration of a registered user of that trade mark under paragraph (a) of section 37 (8) of the Act shall be made in form 32, and shall be accompanied by a statement of the grounds on which it is made, and, where the registered user in question consents, by the written consent of that registered user.
Application by Registered Proprietor or User to Cancel Entry
86. An application by the registered proprietor or any registered user of a trade mark for the cancellation of the registration of a registered user of that trade mark under paragraph (b) of section 37 (8) of the Act shall be made in form 33, and shall be accompanied by a statement of the grounds on which it is made.
87. An application by any person for the cancellation of the registration of a registered user under paragraph (c) of section 37 (8) of the Act shall be made in form 34, and shall be accompanied by a statement of the grounds on which it is made.
Procedure Upon Application
(1) The Commissioner shall give notification in writing of any application under regulation 85, regulation 86, or regulation 87 hereof to the registered proprietor and each registered user (not being the applicant) of the trade mark.
(2) Any person so notified may intervene in the proceedings by giving notice to the Commissioner in form 35 to that effect within one month of the receipt of notification by the Commissioner, and shall send with his notice a statement of the grounds of his intervention. The Commissioner shall thereupon send copies of the notice and statement to the other parties. Any such party may within such time as the Commissioner may allow leave evidence in support of his case.
(3) The Commissioner, after giving the parties an opportunity of being heard, may accept or refuse the application or accept it subject to any conditions, amendments, modifications, or limitations he may think fit to impose.
Cancellation by Commissioner
89. In case of the registration of a registered user for a period, in accordance with paragraph (d) of section 37 (4) of the Act, the Commissioner shall cancel the entry of the registered user at the end of the period. Where some or all of the goods are struck out from those in respect of which a trade mark is registered, the Commissioner shall at the same time strike them out from those specifications of registered users of the trade mark in which they are comprised. The Commissioner shall notify every cancellation or striking out under this regulation to the registered users whose permitted use is affected thereby and the registered proprietor of the trade mark.
Hearings
Application for Hearing
90. An application for a hearing shall be made within such time (not being less than one month) as the Commissioner may specify from the date of notification by the Commissioner of any objection to an application or the date of any other indication that he proposes to exercise a discretionary power.
Notice of Hearing
(1) Upon receiving any such application the Commissioner shall give the person applying not less than fourteen days' notice of a time when he may be heard.
(2) Within seven days from the date when the notice would be delivered in the ordinary course of post the person applying shall notify the Commissioner whether or not he intends to be heard in the matter.
Notification of Decision
92. The decision of the Commissioner in the exercise of any discretionary power shall be notified to the person affected.
Discretionary Power
Extension of Time
93. If in any particular case the Commissioner is satisfied that the circumstances are such as to justify an extension of the time for doing any act or taking any proceeding under these regulations, not being a time expressly provided in the Act, he may, upon application in writing, extend the time upon such notice to other parties and upon such terms as he may direct, and the extension may be granted though the time has expired for doing the act or taking the proceeding.
Power of Commissioner to Waive Requirements
94. Where under these regulations any person is required to do any act or thing, or any document or evidence is required to be produced or filed, the Commissioner may, upon the production of such evidence and subject to such terms and conditions as he thinks fit, modify or dispense with the doing of the act or thing or the production or filing of the document or evidence if he is satisfied that it is reasonable so to do.
Notices of Abandonment or Withdrawal
95. In any case where pursuant to these regulations an application or other proceeding is or may be deemed to be abandoned or withdrawn, the Commissioner may give notice to the applicant or person concerned, and to any other party thereto, that the application or proceeding has been so abandoned or withdrawn.
Documents
Documents in Foreign Language
96. Any document produced in proceedings before the Commissioner under the Act in a language other than English shall, unless the Commissioner otherwise directs, be accompanied by a translation thereof verified to the satisfaction of the Commissioner. In default of a translation the Commissioner may refuse to proceed further in the matter until a translation is supplied.
Amendment of Documents
97. Any application, document, or drawing or other representation of a trade mark may be amended upon request in form 36, and any irregularity in procedure which in the opinion of the Commissioner may be excused without detriment to the interests of any person may be corrected, if the Commissioner thinks fit, and on such terms, including the payment of a fee not exceeding £1, as he may direct.
Certificates
Certificates by Commissioner
98.-
(1) The Commissioner may, on application accompanied by the prescribed fee, furnish certified copies of any entry in the register or certified copies of or extracts from any register or public document or record kept in the Patent Office under the Act or these regulations, and may give a certificate as to any matter relating to the Act or these regulations. The Commissioner shall not be obliged to include in any certificate or certified copy a copy of any mark unless he is furnished by the applicant with a copy thereof suitable for the purpose.
(3) A further certificate of registration issued under section 57 of the Act shall be in form 12, with the addition of a statement that the certificate is a further certificate issued under section 57 of the Act.
Marks Registered Without Limitation of Colour
99. Where a mark is registered without limitation of colour, the Commissioner may 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; but in the last-mentioned case the certificate shall be marked "For use in obtaining registration abroad only".
Certificates for Use in Obtaining Registration Abroad
100. Where a certificate of registration of a trade mark is desired for use in obtaining registration abroad, the Commissioner shall include in the certificate a copy of the mark, and may require the applicant for the certificate to furnish him with a copy of the mark suitable for the purpose, and if the applicant fails to do so may refuse to issue the certificate. The Commissioner may state in the certificate such particulars concerning the registration of the mark as he thinks fit. The certificate shall be marked "For use in obtaining registration abroad only".
Declarations
Manner in Which and Person Before Whom
Declaration to be Taken
101.-
(1) The declarations required by the 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 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) Every such declaration shall be made and subscribed as follows:
(a) If made in New Zealand, in the manner prescribed by the Justices of the Peace Act 1927;
(b) If made in any other part of the Commonwealth or in the Republic of Ireland, before any Court, Judge, Commissioner of Oaths, Justice of the Peace, or any person authorized by law to administer an oath there for the purpose of a legal proceeding, or before any Commonwealth representative; and
(c) If made out of the Commonwealth, before a Commonwealth representative or a Notary Public, or before a Judge or Magistrate.
(3) For the purposes of this regulation the expression "Commonwealth representative" means any Ambassador, High Commissioner, Minister, Chargé d'Affaires, Consular Officer, Trade Commissioner, or Tourist Commissioner of a Commonwealth country (including New Zealand); and includes any person lawfully acting for any such officer; and also includes any diplomatic secretary on the staff of any such Ambassador, High Commissioner, Minister, or Chargé d'Affaires.
Seal of Person Taking Declaration to Prove Itself
102. Any document purporting to have affixed, impressed, or subscribed thereto or thereon the seal or signature of any person authorized by the last preceding regulation to take a declaration, in testimony of the declaration having been made and subscribed before him, may be admitted by the Commissioner without proof of the genuineness of the seal or signature, or of the official character of the person or his authority to take the declaration.
Search and Preliminary Advice
Search and Preliminary Advice
103.-
(1) Any person may request the Commissioner to cause a search to be made in respect of specified goods classified in any one class of the Fourth Schedule to these regulations to ascertain whether any mark is on record at the date of the search which resembles a trade mark of which a representation is shown. The Commissioner shall cause such a search to be made and the person making the request to be informed of the result thereof.
(2) Any person who proposes to apply for the registration of a trade mark in Part A or Part B of the register in respect of any goods may apply to the Commissioner for advice as to whether the trade mark appears to the Commissioner prima facie to be inherently adapted to distinguish within the meaning of section 14 of the Act, or inherently capable of distinguishing within the meaning of section 15 of the Act, as the case may be, in relation to those goods. The application shall be accompanied by a representation of the mark and shall state the goods in respect of which the applicant wishes to register the mark.
Destruction of Records
Destruction of Records
104. Where an application for the registration of a trade mark has been withdrawn, abandoned, or refused, or a trade mark has been removed from the register, the Commissioner may, at the expiration of fourteen years after the application is withdrawn or is deemed to be treated as abandoned or is refused or after the trade mark is removed from the register, as the case may be, destroy all or any of the file records in respect of the application or the trade mark removed.
Applications to and Orders of the Court
Application to the Court
105. A copy of every application to the Court under the Act shall be served on the Commissioner.
Order of Court
106. Where an order has been made by the Court in any case under the Act, the person in whose favour the order has been made, or such one of them, if more than one, as the Commissioner may direct, shall forthwith leave at the Patent Office an office copy of the order. The register may, if necessary, thereupon be rectified or altered by the Commissioner.
Publication of Orders of Court
107. The Commissioner may if he thinks fit publish any order made by the Court in the Journal.
Revocations and Savings
Revocations and Savings
(1) The regulations specified in the Fifth Schedule hereto are hereby revoked.
(2) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the revocation of any provision by these regulations shall not affect any document made or any thing whatsoever done under the provision so revoked or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the revocation and could have been made or done under these regulations, shall continue and have effect as if it had been made or done under the corresponding provision of these regulations and as if that provision had been in force when the document was made or the thing was done.
SCHEDULES
FIRST SCHEDULE
List of Fees Payable
Reg. 3
Item |
Matter |
Amount |
Corresponding
Trade Marks
Form No. |
|
|
£ s. d. |
|
1 |
On application under regulation 11 for conversion of specification: |
|
|
|
For each registration |
0 10 0 |
1 |
2 |
On application to register a trade mark (including a series of trade marks under section 30 of the Act, a defensive trade mark, and a certification trade mark) for a specification of goods included in one class |
2 0 0 |
5, 6, 7 |
3 |
On request to Commissioner to state grounds of and material used in decision on application to register a trade mark |
1 0 0 |
. . |
4 |
For registration of a trade mark (including a defensive trade mark and a certification trade mark) for a specification of goods included in one class: |
|
|
|
In respect of applications filed before 1 January 1955 |
1 10 0 |
. . |
|
In respect of other applications |
2 0 0 |
. . |
5 |
For registration of a series of trade marks under section 30 of the Act for a specification of goods included in one class: |
|
|
|
For the first trade mark |
2 0 0 |
. . |
|
For every other trade mark in the series |
0 10 0 |
. . |
6 |
On application to dissolve the association between registered trade marks |
2 0 0 |
11 |
7 |
For renewal of registration of a trade mark (including a defensive trade mark and a certification trade mark) at expiration of last registration: |
|
|
|
Where current period of registration expires before 1 July 1995 |
4 0 0 |
13 |
|
In other cases |
5 0 0 |
13 |
8 |
For renewal of registration of a series of trade marks under section 30 of the Act after expiration of last registration: |
|
|
|
For the first trade mark |
5 0 0 |
13 |
|
For every other trade mark in the series |
0 5 0 |
. . |
9 |
Additional fee under regulation 54 |
1 0 0 |
. . |
10 |
On application for restoration under regulation 55 |
2 0 0 |
14 |
11 |
On application for registration of subsequent proprietor |
2 0 0 |
15 |
|
On each application covering more than one trade mark, the devolution of title being the same as in the first trade mark: |
|
|
|
For the first trade mark |
2 0 0 |
. . |
|
For each additional trade mark |
0 5 0 |
. . |
12 |
On application for certificate of Commissioner or for approval of Commissioner under regulation 65 |
2 0 0 |
. . |
|
On each application covering more than one trade mark, the devolution of title being the same as in the first trade mark: |
|
|
|
For the first trade mark |
2 0 0 |
. . |
|
For each additional trade mark |
0 5 0 |
. . |
13 |
On application for directions of the Commissioner for advertisement of assignment of trade mark without goodwill |
1 0 0 |
16 |
14 |
On application to dispense with production of probate or letters of administration |
1 0 0 |
17 |
15 |
On application for rectification of register or removal of trade mark from register |
2 0 0 |
18 |
16 |
On request to enter alteration of address or address for service of proprietor or registered user (except where no fee is payable by virtue of regulation 71 (3) ) |
0 10 0 |
. . |
|
On each request covering more than one trade mark, the alteration being the same as in the first trade mark: |
|
|
|
For the first trade mark |
0 10 0 |
. . |
|
For each additional trade mark |
0 2 0 |
. . |
17 |
On request to enter change of name or description of proprietor or registered user |
0 10 0 |
21 |
|
On each request covering more than one trade mark, the change being the same as in the first trade mark: |
|
|
|
For the first trade mark |
0 10 0 |
. . |
|
For each additional trade mark |
0 2 0 |
. . |
18 |
On request to cancel the entry or part of the entry of a trade mark in the register |
0 10 0 |
22 |
19 |
On request to strike out goods from those for which the trade mark is registered |
0 10 0 |
23 |
20 |
On request to enter disclaimer or memorandum in register |
0 10 0 |
24 |
21 |
On request for correction of error in register |
0 10 0 |
25 |
22 |
On request under regulation 76 for entry of certificate of validity in register |
1 0 0 |
26 |
23 |
On application for addition to or alteration of trade mark |
2 0 0 |
27 |
|
On each application covering more than one trade mark, the addition or alteration being the same as in the first trade mark: |
|
|
|
For the first trade mark |
2 0 0 |
. . |
|
For each additional trade mark |
1 0 0 |
. . |
24 |
On application to alter deposited regulations of a certification trade mark |
1 0 0 |
29 |
|
On each application covering more than one trade mark, the alteration being the same of substantially the same as in the first trade mark: |
|
|
|
For the first trade mark |
1 0 0 |
. . |
|
For each additional trade mark |
0 2 0 |
. . |
25 |
On application to expunge or vary entry of certification trade mark |
2 0 0 |
30 |
26 |
On application to enter registered user |
2 0 0 |
31 |
|
On each application covering more than one trade mark, the conditions and restrictions being the same as in respect of the first mark: |
|
|
|
For the first trade mark |
2 0 0 |
. . |
|
For each additional trade mark |
0 5 0 |
. . |
27 |
On application to vary or cancel entry of registered user |
1 0 0 |
32, 33, 34 |
|
On each application covering more than one trade mark, the proprietor and user being the same as in the first trade mark: |
|
|
|
For the first trade mark |
1 0 0 |
. . |
|
For each additional trade mark |
0 2 0 |
. . |
28 |
On request for permission to amend application |
0 10 0 |
36 |
29 |
On all notices of opposition, by opponent |
2 0 0 |
2, 8, 28 |
30 |
On counterstatement, by applicant |
1 0 0 |
. . |
31 |
On application for extension of time, for each month or part thereof |
0 5 0 |
. . |
32 |
On hearing by Commissioner, for each party |
2 0 0 |
. . |
33 |
For further certificate of Commissioner under section 57 of the Act |
1 0 0 |
37 |
34 |
For certificate of Commissioner (other than certificate under section 28 and further certificate under section 57 of the Act) |
0 10 0 |
. . |
35 |
For a search under regulation 103 (1), in respect of one mark in one class |
0 5 0 |
. . |
36 |
On request for Commissioner's preliminary advice: |
|
|
|
For each mark submitted in respect of one class |
0 5 0 |
. . |
37 |
For typed or photographic copy of documents |
Reasonable cost fixed by Commissioner |
. . |
38 |
For extra space in any Journal advertisement where the printing block for the trade mark exceeds 3 in. in breadth and 2 in. in depth |
Reasonable cost fixed by Commissioner |
. . |
SECOND SCHEDULE
Forms
T. M. Form No. 1
Fee No. 1
Reg. 11 (1)
The Trade Marks Act 1953
In the matter of Trade Mark No. 1.................... registered in the name of 2 ....................
Application for Conversion of Specification to the Fourth Schedule
Application is hereby made by 3 ...................., of ...................., the registered proprietor of the above-mentioned trade mark No. ...................., registered in Class .................... of the Third Schedule, for the conversion of the specification of the registration 4 (and the specification(s) of the registered users thereunder) from the Third Schedule to the Fourth Schedule of the Trade Marks Regulations 1954.
The specification(s) entered in the register in accordance with the Third Schedule is (or are) ....................
Application is made that the Commissioner should propose the following specification(s) in accordance with the Fourth Schedule, upon conversion:
Class: ....................
Class: ....................
Dated this .................... day of .................... 19.......
5 ....................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 2
Fee No. 29
Reg. 11 (2)
The Trade Marks Act 1953
In the matter of Trade Mark(s) No(s). 6.................... registered in the name of 7 ....................
Notice of Opposition to Conversion of Specification8
NOTICE is hereby given by 9 .................... that it is intended to oppose the proposal for the conversion of the specification(s) of the trade mark(s) advertised in the Patent Office Journal No. .................... of the .................... day of .................... 19.........., page ....................
The grounds of the opposition are as follows: ....................
The opponent's address for service in New Zealand in these proceedings is ....................
10 ....................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 3
Reg. 12
The Trade Marks Act 1953
In the matter of an Application No. 11 .................... by 12 .................... for Registration of Trade mark (or as the case may be).
Authorization of Agent
13 ...................., of ...................., hereby authorizes and appoints 14 ...................., of ...................., to act as his (or their, or its) agent with full powers of substitution (except that these powers of substitution cannot be delegated) and revocation in respect of the above-mentioned matter or proceeding, and requests that all notices, requisitions, and communications relating thereto may be sent to the said agent at the above address.
All previous authorizations, if any, in respect of the same matter or proceeding are hereby revoked.
It is hereby declared that 15 .................... is (or are) a 16 ....................
Dated this .................... day of .................... 19......
17 ....................
Address: 18 ....................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 4
The Trade Marks Act 1953
In the matter of Trade Mark(s) No(s). 19 .................... registered in the name of 20 ....................
Request to Enter an Address for Service
It is hereby requested by 21 ...................., of ...................., who is about to be registered as (or who is) the registered proprietor (or user) of the above-mentioned trade mark(s) No. 22 .................... in Class ...................., for the inclusion of an address for service in New Zealand in or to the entry thereof so that the address for service in New Zealand may read: 23 ....................
Dated this .................... day of .................... 19......
24 ...................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 5
Fee No. 2
Reg. 18 (3)
The Trade Marks Act 1953
Application for Registration of Trade Mark
I/We hereby apply for registration of the trade mark shown hereunder in Part 25 .................... of the register, and I/we claim to be the proprietor(s) thereof.
REPRESENTATION OF TRADE MARK
26....................
Name of applicant(s): 27 ....................
Nationality or country of incorporation: ....................
Trade or business address: 28 ....................
Occupation or description of business: ....................
Goods in respect of which registration is desired:
Class: 29 ....................
The mark is 30 (i) being used by the proprietor; (ii) proposed to be used by the proprietor; (iii) proposed to be used by a body corporate to be constituted (section 38 (1) (a) of the Act); (iv) proposed to be used by a registered user (section 38 (1) (b) of the Act).
Is priority claimed under International Convention? .................... If so, state date and country of first application or registration: 31 ....................
My/Our address for service in New Zealand is: 32 ....................
33 34 ....................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form. No. 6
Fee No. 2
Reg. 29
The Trade Marks Act 1953
Application for Registration of Invented Word(s) as Defensive Trade Mark35
36....................
Application is hereby made for registration in Part 37 .................... of the register of the above word(s) as a defensive trade mark in Class 38 .................... in respect of 39 .................... in the name of 40 ..................., of 41 ...................., trading as 42 ...................., who is the proprietor of the same trade mark registered in Class 43 ....................in respect of .................... under No. ....................
It is hereby declared that the word(s) is (or are) invented.
The particulars of the facts relied on in support of this application are set forth in the accompanying statement of case.
Dated this .................... day of .................... 19........
44.........................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 7
Fee No. 2
Regs. 30, 31
The Trade Marks Act 1953
Application for Registration of Certification Trade Mark45
46 ....................
Application is hereby made for registration in Part A of the register of the accompanying certification trade mark in Class 47 .................... in respect of 48 .................... in the name of 49 ...................., of 50 ....................
Dated this .................... day of .................... 19......
51 ....................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 8
Fee No. 29
Reg. 36
The Trade Marks Act 1953
In the matter of an Application No. 52 .................... by 53 .................... for Registration of Trade Marks.
Notice of Opposition54
Notice is hereby given by55 .................... that it is intended to oppose the registration of the trade mark advertised under the above number for Class .................... in the Patent Office Journal No. .................... of the .................... day of .................... 19 at page ....................
The grounds of opposition are as follows: ....................
56 ....................
The opponent's address for service in New Zealand in these proceedings is ....................
Dated this .................... day of .................... 19
57 ....................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 9
Fee No. 30
Reg. 38
The Trade Marks Act 1953
In the matter of an Application No. 58 .................... by 59 .................... for Registration of Trade Mark and a Notice of Opposition by 60 ....................
Counterstatement61
Notice is hereby given by 62 ...................., the applicant for registration of the above trade mark, that the following are the grounds relied on in support of the application: ....................
The following allegations in the notice of opposition are admitted: ....................
The applicant's address for service in New Zealand in these proceedings is ....................
Dated this .................... day of .................... 19 ..............
63 ....................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 10
Reg. 47
The Trade Mark Act 1953
In the matter of an Application No. .................... by .................... for Registration of Trade Mark.
Notice of Non-completion of Registration
The Commissioner of Trade Marks, in accordance with section 28 (3) of the Trade Marks Act 1953 and regulation 47 of the Trade Marks Regulation 1954, draws attention to the fact that the registration of the trade mark in respect of which application numbered as above was made on the .................... day of .................... 19....., and advertised in the Journal No. ...................., of the .................... day of .................... 19....., has not been completed by reason of default on the part of the applicant.
Unless the application is completed within .................... from the date of this notice it will be treated as abandoned.
Dated this .................... day of .................... 19....
..................................................................
Commissioner of Trade Marks.
To ....................
T. M. Form No. 11
Fee No. 6
Reg. 49 (2)
The Trade Marks Act 1953
In the matter of Trade Mark No. 64 .................... registered in the name of 65 ....................
Application to Dissolve Association Between Registered
Trade Marks66
Application is hereby made by ...................., of ...................., the registered proprietor of the above-numbered trade mark registered in Class ...................., that the association of this trade mark with the following trade mark(s) registered in the same name be dissolved and the register amended accordingly:
No. ...................., registered in Class ....................
No. .................... registered in Class ....................
The grounds for this application are set forth in the accompanying statement of case.
Dated this .................... day of .................... 19......
67 ....................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 12
Regs. 51, 98 (3)
The Trade Marks Act 1953
Certificate of Registration Representation of Trade Mark
[SEAL OF PATENT OFFICE]
I Hereby certify, pursuant to the above-mentioned Act and to the Trade Marks Regulations 1954, that the trade mark in the application bearing the above mentioned No. ....... was duly advertised in the Patent Office Journal No. ............ of ............, and has been registered, as set forth above, in Part .......... of the register in the name of the applicant in Class ........... in respect of the goods specified in the said application and as of the date and under the number of the application.
Sealed at my direction this ............. day of ............ 19........
Commissioner of Trade Marks.
Further certificate issued pursuant to section 57. (To be inserted if certificate is issued under reg. 98 (2).)
T. M. Form No. 13
Fees Nos. 7, 8
Regs. 52, 54, 55
The Trade Marks Act 1953
In the matter of Trade Mark No. 68 ........ registered in the name of 69 ..........
Application for Renewal of Registration of Trade Mark70
Application is hereby made for renewal of registration of the above-numbered trade mark in Class ..................... in the name of 71 ....., of ........, and the prescribed fee of ........ is hereby transmitted 72 ........ at the direction of the registered proprietor of the trade mark.
Dated this ....... day of ...... 19.....
73 ................
74 ................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 14
Fee No. 10
Reg. 55
The Trade Marks Act 1953
In the matter of Trade Mark No. 75 ..................... registered in the name of 76 ............
Application for Restoration of Registration of Trade Mark
Application is hereby made by 77 ..............., of .............., for restoration to the register of trade mark No. 75 .............. in Class ................., on the following grounds :..............
The additional fee of £2 and the renewal fee of £5 with T. M. Form No. 13 are transmitted herewith.
Dated this ................ day of ............... 19.......
78 ...............
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 15
Fee No. 11
Reg. 58
The Trade Marks Act 1953
In the matter of Trade Mark(s) No(s). 79 ................. registered in the name of 80 ................
Application for Registration of Subsequent Proprietor81
Application is hereby made under regulation 58 of the Trade Marks Regulations 1954 that the name of 82 ............, carrying on business as 83 ............... at 84 .............., may be entered in the register of trade marks as proprietor of the trade mark(s) No(s). 85 ............ in Class as from the 86 .............., by virtue of 87 .............
88 The trade mark(s) at the time of the assignment was (were) 88 (not) used in a business in the goods in question, and the assignment 88 (took) (did not take) place in connection with the goodwill of a business in the goods.
The applicant's address for service in New Zealand is. ............
Dated this ............... day of ........... 19.......
89 ..................81
90 ................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 16
Fee No. 13
Reg. 66
The Trade Marks Act 1953
In the matter of Trade Mark(s) No(s). 91 ...................registered in the name of 92 ...................
Application for Directions for Advertisement of Assignment of Trade Marks Otherwise Than in Connection With Goodwill of the Business
Application is hereby made by 93 ............, of .............., for the Commissioner's directions with respect to the advertisement of an assignment to him of the following trade marks otherwise than in connection with the goodwill of the business in which they were used at the time of assignment, namely:
(1) Registered trade marks-
No. |
Class |
Goods in Respect of Which the Mark Has Been Used and is Assigned |
94 |
|
|
|
|
|
|
|
all of which are or were registered in the name of 95 .................., of ............., who is the assignor:
(2) Unregistered trade-marks96 , all being marks used in his business at the time of the assignment in respect of the goods stated below, by 95 ................, of ................., who is the assignor-
Representation of Mark |
Goods in Respect of Which the Mark Has Been Used and is Assigned |
94 |
|
|
|
The date of assignment was the ................... day of ................. 19.......
The instrument effecting the assignment is sent herewith, together with a copy thereof.
It is suggested that advertisement shall be directed as follows-namely, in ..................
Dated this .................. day of ................. 19......
97 ..................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 17
Fee No. 14
Reg. 67
The Trade Marks Act 1953
In the matter of Trade Mark(s) No(s). 98 .................... registered in the name of 99 ..................
Application Under Section 58 (2) for Leave to Dispense With Production of Probate or Letters of Administration100
Application is hereby made by 101 ..............., of ................, for leave to dispense with the production of probate of the will of 102 .................. 103 or letters of administration in the estate of 104 ................. deceased who was the proprietor of the above mentioned trade mark(s).
The grounds upon which this application is made are as follows:
1. The deceased died 102 testate (or intestate) at 103 .................. on the ................. day of .................. 19....., and at his death was domiciled in ................................ .
2. 102 I am entitled to obtain 102 probate of the will of the deceased (or letters of administration in the deceased's estate).
(Or)
102 I am the legal representative of the deceased in the country of his domicile by virtue of 105 probate (or letters of administration) granted to me by 105 ................... at ................... on .................. day of ................. 19......
3. 102 Probate of the will of the deceased has (or letters of administration in the deceased's estate have) not been granted or resealed in New Zealand.
4. No duty is payable in New Zealand in the estate of the deceased, as is evidenced by a certificate from the Commissioner of Inland Revenue annexed hereto.
5. The interests of the creditors of the deceased and of all persons beneficially interested under his will or in his estate will be adequately safeguarded in the following manner: 106 .....................
The applicant's address for service in New Zealand in these proceedings is ....................
Dated this .................. day of ............ 19.....
107 ..................
T. M. Form No. 18
Fee No. 15
Reg. 68
The Trade Marks Act 1953
In the matter of Trade Mark No. 108 ............... registered in the name of 109 ..............
Application for Rectification of Register or Removal of Trade Mark from Register110
Application is hereby made by 111 ................, of ................, that the entry in the register in respect of the above-mentioned trade mark No ................ in Class ................ may be removed 112 rectified in the following manner: ..........
The grounds of the application are as follows: ................
No action concerning the trade mark in question is pending in the Court.
The applicant's address for service in New Zealand in these proceedings is .................
Dated this day of ................. 19......
113 ..................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 19
Reg. 70
The Trade Marks Act 1953
In the matter of Trade Mark No. 114 ................. registered in the name of 115 ..................... and an application for Rectification or Removal by 116 ....................
Application for Leave to Intervene in Proceedings for Rectification of Register or Removal of Trade Mark from Register
Application is hereby made by 117 ...................., of ..................., for leave to intervene in the proceedings relating to the rectification or removal of the entry in the register in respect of the above-mentioned trade mark No. .................. in Class .................
The interest in the trade mark of the applicant for leave to intervene is ....................
The address for service in New Zealand in these proceedings of the applicant for leave to intervene is ...................
Dated this .................. day of ................. 19.....
118 ....................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 20
Fee No. 16
Reg. 71
The Trade Marks Act 1953
In the matter of Trade Mark(s) No(s). 119 ....................registered in the name of 120 ....................
Request for Alteration of Trade or Business Address in the Register;
or Request for Alteration of Address for Service121
It is hereby requested by.................., of .................., the registered proprietor (or user) of the above-mentioned trade mark(s) No. 122 ..................... in Class ....................., that the trade address (address for service) 123 in the register of trade marks be altered to .....................
Dated this ................... day of ............... 19......
124 ......................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 21
Fee No. 17
Regs. 72, 74
The Trade Marks Act 1953
In the matter of Trade Mark(s) No(s). 125 .................... registered in the name of 126 ......................
Request to Enter Change of Name or Discretion of Registered Proprietor or User
It is hereby requested that 127 .................... may be entered in the register of trade marks as 128 .................. of the above-mentioned trade mark(s) No. 129 ..................... registered in Class ...................
130 ..................... is entitled to 131 ..................... There has been no change in the 132 ....................... of the said trade mark, but 133 ........................ The entry at present standing in the register gives the name and description of the 129 .................. as follows: .....................
Dated this ..................... day of ................. 19......
134 .......................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 22
Fee No. 18
Reg. 72
The Trade Marks Act 1953
In the matter of Trade Mark No. 135 ..................... registered in the name of 136 .....................
Application by Registered Proprietor of Trade Mark to Cancel Entry in Register
Application is hereby made by 137 ..................., of ....................., that the entry in the register of trade marks of the above-mentioned trade mark No. .................... in Class ...................... may be cancelled.
Dated this ................... day of ...................... 19.........
138 ......................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 23
Fee No. 19
Regs. 72, 74
The Trade Marks Act 1953
In the matter of Trade Mark No. 139 .................... registered in the name of 140 ......................
Application by Registered Proprietor of Trade Mark to Strike Out Goods
from those for Which the Trade Mark is Registered
Application is hereby made by 141 ...................., of ......................... for the striking out of 142 .................... from the goods for which the above-mentioned trade mark No. ....................... is registered in Class ...............
Dated this ....................day of ..................19......
143 .................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 24
Fee No. 20
Regs. 72, 74, 75
The Trade Marks Act 1953
In the matter of Trade Mark No. 144 .................registered in the name of 145 ..................
Request by Registered Proprietor of a Trade Mark for a Disclaimer
or Memorandum to be Registered
It is hereby requested by 146 ................., of ................., that an addition may be made to the entry in the register in connection with the above-mentioned trade mark No. ................... in Class .................. of the following ..................-namely, ........................
Dated this ................... day of ................ 19......
147 ...................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 25
Fee No. 21
Reg. 73
The Trade Marks Act 1953
In the matter of Trade Mark No. 148 .............. registered in the name of 149 ..............
Request for Correction of Error in the Register
It is hereby requested by 150 ..............., of ................, that ................
Dated this ................. day of. .............. 19.....
.151 ................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 26
Fee No. 22
Reg. 76
The Trade Marks Act 1953
In the matter of Trade Mark(s) No(s). 152 ................ registered in the name of 153 ...............
Request for Entry on Register, and Advertisement, of Note of Certificate
of Validity by the Court
It is hereby requested by 154 ..................... of .................., that the Commissioner add to the above-numbered entry(ies) of a trade mark in the register, and advertise in the Patent Office Journal, a note that in 155 .................. the Court certified that the validity of the said registration(s) came into question and was decided in favour of the proprietor of the trade mark(s) in the terms of the accompanying office copy of the certificate of validity.
Dated this .................. day of .............. 19.....
156 ...................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 27
Fee No. 23
Reg. 77
The Trade Marks Act 1953
In the matter of Trade Mark No. 157 ................. registered in the name of 158 ..................
Application by Registered Proprietor for Addition to or Alteration of Trade Mark
Application is hereby made by 159 ..................., of ................, being the registered proprietor of the above-mentioned trade mark No. ................ in Class ................, that the Commissioner shall add to it or alter it in the following particulars-that is to say, 160 ................
A copy of the mark as it will appear when so altered is filed herewith.
Dated this ................ day of ............ 19....
161 ..............
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 28
Fee No. 29
Reg. 78 (2)
The Trade Marks Act 1953
In the matter of Trade Mark No. 162 ................... registered in the name of 163 .................
Notice of Opposition to Application to Add to or Alter Trade Mark164
Notice is hereby given by 165 .................., of ................., that it is intended to oppose the addition to or alteration of the above-mentioned trade mark No. ................. in Class ................. so that it shall be in the form shown in the application advertised in the Patent Office Journal No. ................ of the ............... day of ................ 19....., at page..............
The grounds of opposition are as follows:...................
The opponent's address for service in New Zealand in these proceedings is
Dated this ................... day of ............... 19......
166 .................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 29
Fee No. 24
Reg. 81
The Trade Marks Act 1953
In the matter of Certification Trade Mark(s) No(s). 167 .................. registered in the name of 168..................
Application to Alter Deposited Regulations Governing Use of Certification Trade Mark169
Application is hereby made by 170 ................., of .................., who is the proprietor of the certification trade mark(s) No. 171 ...................... registered in Class ..................... in respect of 172 ...................., that the deposited regulations for governing the use of the mark may be altered in the manner shown in red in the accompanying copies of the regulations as proposed to be altered, and for the consent of the Commissioner to such alteration.
Dated this .............. day of ............. 19.....
173 ................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 30
Fee No. 25
Reg. 82
The Trade Marks Act 1953
In the matter of Certification Trade Mark(s) No(s). 174 ................ registered in the name of 175.................
Application for Order Expunging or Varying Entry in Register Relating to Certification Trade Mark or Varying Deposited Regulations176
Application is hereby made by 177 .............., of .............., being an aggrieved person, for an order of the Commissioner that-
178 (1) The entry in the register in respect of the above-mentioned trade mark may be expunged 178 varied in the following manner:...............
178 (2) The deposited regulations governing the use of the above-mentioned trade mark may be varied in the following manner:..................
The grounds of the application are as follows:...........
The applicant's address for service in New Zealand in these proceedings is..............
Dated this ............. day of ............ 19....
179 ...............
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 31
Fee No. 26
Reg. 83
The Trade Marks Act 1953
In the matter of Trade Mark(s) No(s). 180 .................. registered in the name of 181 .................
Application for Registration of Registered User182
Application is hereby made by 183 ..................., of .................., who is the registered proprietor of the above-mentioned trade mark(s) No. 184 ................... in Class ................ in respect of 185 ................. that 186 .............., of 187 ..................., who hereby joins in the application, may be registered as a registered user of the aforesaid trade mark(s) in respect of 188 .................., subject to the following conditions or restrictions: 189 ................
190 The proposed permitted use is to end on the ................ day of ............ 19.....
190 The proposed permitted use is without limit of period.
The proposed registered user's address for service in New Zealand is..............
Dated this ........... day of .......... 19.....
191 ................
191................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 32
Fee No. 27
Reg. 85
The Trade Marks Act 1953
In the matter of Trade Mark(s) No(s). 192 .................. registered in the name of 193 ...............
Application by Registered Proprietor for Variation of Registration of Registered User With Regard to Goods or Conditions or Restrictions194
Application is hereby made by 195 ................, of ................., the registered proprietor of the above-mentioned trade mark(s) No. 196 ................ in Class ................... in respect of 197 ....................... that the registration of 198 ..............., of ................., as a registered user of the aforesaid trade mark(s) in respect of 199 .................... (may be varied in the following manner: 200 ..................
Dated this ............ day of ............ 19.....
201 .....................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 33
Fee No. 27
Reg. 86
The Trade Marks Act 1953
In the matter of Trade Mark(s) No(s). 202 .................. registered in the name of 203 .................
Application by Registered Proprietor or User for Cancellation of Entry of Registered User204
Application is hereby made by 205 .............., of ................, being 206 the registered proprietor (a registered user) of the above-mentioned trade mark(s) No. 207 ............... in Class ................. in respect of 208 ............... for the cancellation of the entry under the aforesaid registration of 209 ................ as a registered user of the trade mark(s) in respect of 210 ................
The grounds for this application are set forth in the accompanying statement.
Dated this ............ day of .......... 19....
211 .................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 34
Fee No. 27
Reg. 87
The Trade Marks Act 1953
In the matter of Trade Mark(s) No(s). 212 ................... registered in the name of 213 ...................
Application for Cancellation of Entry of Registered User214
Application is hereby made by 215 ..............., of ................, for the cancellation of the entry under the above-mentioned registration(s) of trade mark(s) No. 216 ................. in Class .................. of 217 .................., of ................, as the registered user thereof in respect of 218 ..................
The grounds of this application, particulars of which are given in detail in the accompanying statement of case, are 219 ...................
The applicant's address for service in New Zealand in these proceedings is ....................
Dated this .................. day of ............ 19 ......
220 .....................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 35
Reg. 88
The Trade Marks Act 1953
In the matter of Trade Mark(s) No(s). 221 .................. registered in the name of 222 ................ and an Application by 223 ................... to cancel or vary an Entry of a Registered User.
Notice of Intention to Intervene in Proceedings for Variation or Cancellation
of Entry of Registered User224
Notice is hereby given in reply to the Commissioner's notification dated the ................... day of ................ 19...... that 225 ................... intends to intervene in the proceedings in the above matter.
The address for service of 225 ................... in New Zealand for the purpose of these proceedings is ................
Dated this ............... day of ........... 19.......
226 ...............
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 36
Fee No. 28
Reg. 97
The Trade Marks Act 1953
In the matter of an Application No. 227 .................. by 228 .................. for Registration of Trade Mark.
Request for Permission to Amend Application
It is hereby requested by 229 ................, of ..............., that ..............
Dated this ................... day of ............... 19 .......
230 ....................
To the Commissioner of Trade Marks,
Wellington, New Zealand.
T. M. Form No. 37
Fee No. 33
Reg. 98 (2)
The Trade Marks Act 1953
In the matter of Trade Mark No. 231 ................. registered in the name of 232 ...............
Request for Further Certificate of Registration of a Trade Mark
It is hereby requested by 233 ................, of ...................., that the Commissioner furnish a further certificate of registration on the grounds that ................
Dated this ............... day of ................ 19 ......
234 ..................
The Commissioner of Trade Marks,
Wellington, New Zealand.
THIRD SCHEDULE
Classification of Goods
Reg. 10 (1)
Class 1
Chemical substances used in manufactures, photography, or philosophical research, and anti-corrosives.
Class 2
Chemical substances used for agricultural, horticultural, veterinary, and sanitary purposes.
Class 3
Chemical substances prepared for use in medicine and pharmacy.
Class 4
Raw or partly prepared vegetable, animal, and mineral substances used in manufactures, not included in other classes.
Class 5
Unwrought and partly wrought metals used in manufacture.
Class 6
Machinery of all kinds, and parts of machinery, except agricultural and horticultural machines included in Class 7.
Class 7
Agricultural and horticultural machinery, and parts of such machinery.
Class 8
Philosophical instruments, scientific instruments, and apparatus for useful purposes; instruments and apparatus for teaching.
Class 9
Musical instruments.
Class 10
Class 11
Instruments, apparatus, and contrivances, not medicated, for surgical or curative purposes, or in relation to the health of men or animals.
Class 12
Class 13
Metal goods not included in other classes.
Class 14
Goods of precious metals (including aluminium, nickel, Britannia metal, etc.) and jewellery, and imitations of such goods and jewellery.
Class 15
Glass.
Class 16
Porcelain and earthenware.
Class 17
Manufactures from mineral and other substances for building or decoration.
Class 18
Engineering, architectural, and building contrivances.
Class 19
Arms, ammunition, and stores not included in Class 20.
Class 20
Explosive substances.
Class 21
Naval architectural contrivances and naval equipment not included Class 19 or Class 20.
Class 22
Class 23
(a) Cotton yarn.
(b) Sewing cotton.
Class 24
Cotton piece goods of all kinds.
Class 25
Cotton goods not included in Class 23, Class 24, or Class 38.
Class 26
Linen and hemp yarn and thread.
Class 27
Linen and hemp piece goods.
Class 28
Linen and hemp goods not included in Class 26, Class 27, or Class 50.
Class 29
Jute yarns and tissues, and other articles made of jute not included in Class 50.
Class 30
Silk, spun, thrown, or sewing.
Class 31
Class 32
Other silk goods not included in Class 30 or Class 31.
Class 33
Yarns of wool, worsted, or hair.
Class 34
Cloths and stuffs of wool, worsted, or hair.
Class 35
Woollen and worsted and hair goods not included in Class 33 or Class 34.
Class 36
Carpets, floorcloth, and oilcloth.
Class 37
Leather, skins unwrought and wrought, and articles made of leather not included in other classes.
Class 38
Class 39
Paper (except paperhangings), stationery, and bookbinding.
Class 40
Goods manufactured from indiarubber and guttapercha not included in other classes.
Class 41
Furniture and upholstery.
Class 42
Substances used as food, or as ingredients in food.
Class 43
Fermented liquors and spirits.
Class 44
Mineral and aerated waters, natural and artificial, including ginger beer.
Class 45
Tobacco, whether manufactured or unmanufactured.
Class 46
Seeds for agricultural and horticultural purposes.
Class 47
Candles, common soap, detergents; illuminating, heating, or lubricating oils; matches; and starch, blue, and other preparations for laundry purposes.
Class 48
Perfumery (including toilet articles, preparations for the teeth, and hair, and perfumed soap).
Class 49
Games of all kinds and sporting articles not included in other classes.
Class 50
(1) Goods manufactured from ivory, bone, or wood, not included in other classes.
(2) Goods manufactured from straw or grass, not included in other classes.
(3) Goods manufactured from animal or vegetable substances, not included in other classes.
(5) Umbrellas, walking sticks, brushes, and combs.
(6) Furniture cream, plate powder.
(7) Tarpaulins, tents, rickcloths, rope, twine.
(8) Buttons of all kinds other than of precious metal or imitations thereof.
(9) Packing and hose of all kinds.
(10) Goods not included in the foregoing classes.
FOURTH SCHEDULE
Classification of Goods
Reg. 10 (2)
[Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes.]
1. Chemical products used in industry, science, photography, agriculture, horticulture, forestry; manures (natural and artifician( � fire extinguishing compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs; tanning substances; adhesive substances used in industry.
2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colouring matters, dyestuffs; mordants; resins; metals in foil and powder form for painters and decorators.
3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
4. Industrial oils and greases (other than edible oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit) and illuminants; candles, tapers, night-lights and wicks.
5. Pharmaceutical, veterinary, and sanitary substances; infants' and invalids' foods; plasters, material for bandaging; material for stopping teeth, dental wax; disinfectants; preparations for killing weeds and destroying vermin.
6. Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, rolled and cast building materials; rails and other metallic materials for railway tracks; chains (except driving chains for vehicles); cables and wires (non-electric); locksmiths' work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws; other goods in non-precious metal not included in other classes; ores.
7. Machines and machine tools; motors (except for vehicles); machine couplings and belting (except for vehicles); large size agricultural, implements, incubators.
8. Hand tools and instruments; cutlery, forks, and spoons; side arms.
9. Scientific, nautical, surveying, and electrical apparatus and instruments (including radio), photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; coin or counter-freed apparatus; gramophones and records; cash registers; calculating machines; fire extinguishing apparatus.
10. Surgical, medical, dental, and veterinary instruments and apparatus (including artificial limbs, eyes, and teeth).
11. Installations for lighting, heating, steam generating, cooking, refrigeration, drying, ventilating, water supply, and sanitary purposes.
12. Vehicles; apparatus for locomotion by land, air, or water.
13. Firearms; ammunition and projectiles; explosive substances; fireworks.
14. Precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks, and spoons); jewellery, precious stones; horological and other chronometric instruments.
15. Musical instruments (other than gramophones and records and radio apparatus).
16. Paper and paper articles, cardboard and cardboard articles; printed matter, newspapers and periodicals, books; book-binding material; photographs; stationery, adhesive materials (stationery); artists' materials; paint brushes, typewriters, and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; (printers') type and cliches (stereotype).
17. Gutta percha, india rubber, balata, and substitutes, articles made from these substances and not included in other classes; materials for packing, stopping, or insulating; asbestos, mica, and their products; hose pipes (non-metallic).
18. Leather and imitations of leather, and articles made from these materials, and not included in other classes; skins, hides; trunks and travelling bags; umbrellas, parasols, and walking sticks; whips, harness, and saddlery.
19. Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement; road-making materials; asphalt, pitch, and bitumen; portable buildings; stone monuments; chimney pots.
20. Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid, and substitutes for all these materials.
21. Small domestic utensils and containers (not of precious metal, nor coated therewith); combs and sponges; brushes (other than paint brushes); brushmaking materials; instruments and material for cleaning purposes; steel-wool; glassware; porcelain, and earthenware not included in other classes.
22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks; padding and stuffing materials (hair, kapok, feathers, seaweed, etc.): raw fibrous textile materials.
24. Tissues (piece goods); bed and table covers; textile articles not included in other classes.
25. Clothing, including boots, shoes, and slippers.
26. Lace and embroidery, ribbons and braid; buttons, press buttons, hooks and eyes, pins and needles; artificial flowers.
27. Carpets, rugs, mats, and matting; linoleums and other materials for covering floors; wall hangings (non-textile).
28. Games and playthings; gymnastic and sporting articles (except clothing); ornaments and decorations for Christmas trees.
29. Meat, fish, poultry, and game; meat extracts; preserved, dried, and cooked fruits and vegetables; jellies, jams; eggs, milk, and other dairy products; edible oils and fats; preserves, pickles.
30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour, and preparations made from cereals; bread, biscuits, cakes, pastry, and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; pepper, vinegar, sauces; spices; ice.
31. Agricultural, horticultural, and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; foodstuffs for animals, malt.
32. Beer, ale, and porter; mineral and aerated waters and other non-alcoholic drinks; syrups and other preparations for making beverages.
33. Wines, spirits, and liqueurs.
34. Tobacco, raw or manufactured; smokers' articles; matches.
FIFTH SCHEDULE
Reg. 108 (1)
Regulations Revoked
Title |
Statutory
Regulations
Serial Number |
The Trade Marks Regulations 1941 |
1941/229 |
The Patents, Designs, and Trade Marks Amending Regulations 1946 |
1946/143 |
The Trade Marks Regulations 1941, Amendment No. 2 |
1949/141 |
The Trade Marks Regulations 1941, Amendment No. 3 |
1951/186 |
The Patents, Designs, and Trade Marks (Neuchatel Agreement) Regulations 1947 |
1947/197 |
The Patents, Designs, Trade Marks, and Copyright (Treaties of Peace with Italy, Roumania, Bulgaria, Hungary, and Finland) Regulations 1948 |
1948/136 |
T. J. SHERRARD,
Clerk of the Executive Council.
EXPLANATORY NOTE
[This note is not part of the regulations, but is intended to indicate their general effect.]
These regulations replace the Trade Marks Regulations 1941 and the amendments thereof. The revision of the regulations is consequential on the passing of the Trade Marks Act 1953. The revised regulations follow the regulations which they replace without substantial modification.
Issued under the authority of the Regulations Act 1936.
Date of notification in Gazette: 16 December 1954.
These regulations are administered in the Department of Justice.
Wellington, New Zealand: Printed under the authority of the New Zealand Government by V. R. Ward, Government Printer-1989
1 Here insert number of trade mark.
3 Here insert (in full) name and address of proprietor.
5 Signature.
6 Here insert number(s) of trade mark(s). The numbers of more than one trade mark dealt with by the same proposal may be given, provided the specifications are the same.
8 NOTE.-To be accompanied by a duplicate and a statement, in duplicate, showing how the proposed conversion would be contrary to section 46 (2) of the Trade Marks Act 1953.
9 Here insert full name and address of opponent.
10 Signature.
11 Here insert official number accorded the proceedings.
13 Here insert full name of the person appointing the agent; the full name of all the partners in a firm must be inserted and the kind of incorporation of bodies corporate stated.
15 Here insert name of person appointing the agent.
17 To be signed by person appointing agent (see regulation 9).
18 Here insert full trade or business address of person appointing agent.
19 Here insert number(s) of trade mark(s).
21 Here insert (in full) name and trade or business address of person making request.
24 Signature.
25 Here insert "A" or "B" according to the registration desired; if in doubt, leave blank.
26 Here insert a representation of the mark. If the mark consists of a word, it will be advertised in ordinary block lettering. If a special type is desired, a printing block must be filed. A printing block must also be filed for any device or label mark.
27 Full Christian name(s) and surname(s) of applicant(s); if a partnership, the full names of all partners must be shown. The trading style, if any, must be added.
28 Here insert full street address. A post office box number is not sufficient.
29 Enter the appropriate class according to the classification of goods.
30 Strike out words not applicable. If the mark is to be used by a registered user, application in T. M. Form No. 31 must be filed simultaneously.
31 A certificate as to the original application or registration from the appropriate official must be furnished.
32 An address for service is required for all applicants who do not reside or carry on business in New Zealand.
33 If the applicants are a partnership, one partner may sign on behalf of the others. The officer of a body corporate must state in what capacity he signs.
35 NOTE.-To be accompanied by statement of case in duplicate.
36 One representation of the trade mark to be affixed within this space.
37 Here insert "A" or "B" according to the registration desired.
44 Signature (see regulation 9).
45 NOTE.-To be accompanied by a duplicate, a statement of case in duplicate, and draft regulations in duplicate.
46 One representation of the trade mark to be affixed within this space.
47 Insert number of class in accordance with classification of goods.
51 Signature (see regulation 9).
52 Here insert official number accorded the proceedings.
54 NOTE.-To be accompanied by a duplicate.
55 Here insert full name and address of the opponent.
56 If registration is opposed on the ground that the mark resembles marks already on the register, the numbers of those marks and the dates of the Gazettes or Journals in which they have been advertised are to be set out.
57 Signature.
58 Here insert official number accorded the proceedings.
61 NOTE.-To be accompanied by a duplicate.
62 Here insert full name and address of the applicant.
63 Signature
64 Here insert number of trade mark.
66 NOTE.-To be accompanied by a statement of case.
67 Signature.
68 Here insert number of trade mark.
70 Note.-This form will be returned if it is filed more than twelve months before the expiration of the last registration.
71 Here insert (in full) name and address of proprietor.
73 Signature of person transmitting fee.
74 Address of person signing.
75 Here insert number of trade marks.
77 Here insert name (in full) and added of person transmitting the fees.
78 Signature.
79 Here insert number(s) of trade mark (s).
81 NOTE.-The instrument under which the transferee claims should accompany this form. If an instrument cannot be produced, a statement of case must be furnished.
82 Here insert name (in full) and nationality or kind and country of incorporation of transferee.
88 Strike out any words not applicable (see regulation 61).
89 Signature of assignor.
90 Signature of transferee.
91 Here insert number(s) of registered trade mark(s).
93 Here insert (in full) name and trade or business address of assignee (applicant).
94 Additional marks and numbers may be given in a signed schedule attached to the form.
95 Here insert (in full) name and trade or business address of proprietor (assignor).
96 Only those unregistered trade marks passing by the one assignment and used in the same business and for the same goods as those for which one or more of the registered marks are registered may be stated here.
97 Signature.
98 Here insert number(s) of trade mark(s).
100 NOTE.-To be accompanied by a certificate from the Commissioner of Inland Revenue. Application in T.M. Form No. 15 or T.M. Form No. 28 will have to be filed after leave to dispense with the production of probate or letter of administration has been granted.
101 Here insert full name, address, occupation, and nationality of applicant.
105 Here insert title of official or name of Court making the grant and date of grant,
106 Here state the means by which the interests are safeguarded.
107 Signature.
108 Here insert number of trade mark.
110 NOTE.-To be accompanied by a duplicate and a statement of case in duplicate.
111 Here insert (in full) name and address of person applying for rectification or removal of entry in register.
113 Signature.
114 Here insert number of trade mark.
117 Here insert (in full) name and address of person applying for leave to intervene.
118 Signature.
119 Here insert number(s) of trade mark(s).
121 NOTE.-A registered proprietor or registered user whose address has been altered by a public authority, so that the changed address designates the same premises as before, may furnish a certificate from the authoroty. If the Commissioner is satisfied as to the facts, he will not require any fee.
122 Additional numbers may be given in a signed schedule attached to the form.
124 Signature.
125 Here insert number(s) of trade mark(s).
127 Insert present name, address, and description of registered proprietor or registered user.
130 Here insert present name of proprietor or registered user, as in (e) above.
134 Signature.
135 Here insert number of trade mark.
137 Here insert the full name, trade or business address, nationality, and description of applicant.
138 Signature.
139 Here insert number of trade mark.
141 Here insert the full name, trade or business address, and description.
143 Signature.
144 Here insert number of trade mark.
146 Here insert the full name, trade or business address, and description of the registered proprietor.
147 Signature.
148 Here insert number of trade mark,
150 Here insert full name, address, and description of person making the request.
151 Signature.
152 Here insert number(s) of trade mark(s).
154 Here insert full name and address of proprietor.
156 Signature.
157 Here insert number of trade mark.
159 Here insert full name, trade or business address, and description.
161 Signature.
162 Here insert number of trade mark.
164 NOTE.-To be accompanied by a duplicate.
165 Here insert (in full) name and address of opponent.
166 Signature.
167 Here insert number(s) of trade mark(s).
169 To be accompanied by a duplicate of the regulations as proposed to be altered.
170 Here insert name and address of the proprietor as registered.
173 Signature.
174 Here insert number(s) of trade mark(s).
176 NOTE.-To be accompanied by a copy and a statement of case in duplicate.
177 Here state full name and address.
178 Strike out words or paragraph not applicable.
179 Signature.
180 Here insert number(s) of trade mark(s).
182 NOTE.-To be accompanied by a statement of case giving particulars and stating as required by section 37 (4) of the Trade Marks Act 1953 verified by a statutory declaration made by the proprietor or by some person authorized to act on his behalf and approved by the Commissioner. A written agreement, if any, and copy thereof should accompany the statement of case.
183 Here insert (in full) name, trade or business address, and description of proprietor.
190 Strike out words not applicable.
191 Signatures.
192 Here insert number(s) of trade mark(s).
194 NOTE.-To be accompanied by a statement of the grounds for the application and written consent (if given) of the registered user.
195 Here insert (in full) name, description, and trade or business address of the proprietor.
201 Signature.
202 Here insert number(s) of trade mark(s).
204 NOTE.-To be accompanied by a statement of the grounds for the application.
205 Here insert (in full) name, description, and trade or business address of the applicant.
211 Signature.
212 Here insert number(s) of trade mark(s).
214 NOTE.-To be accompanied by a statement of the grounds for the application.
215 Here insert name and address of applicant for cancellation.
219 Here insert one or more of the subparagraphs of paragraph (c) of section 37 (8) of the Trade Marks Act 1953.
220 Signature.
221 Here insert number(s) of trade mark(s).
224 NOTE.-To be accompanied by a statement of the grounds for intervention.
225 Here insert name (in full) of person intending to intervene.
226 Signature.
227 Here insert official number accorded the proceedings or of the registered trade mark.
229 Here insert full name and address.
230 Signature.
231 Here insert number of trade mark.
233 Here insert full name, occupation, and address of person making the request.
234 Signature.