STATUTORY RULES.

1913. No. 260.

PROVISIONAL REGULATIONS UNDER THE TRADE MARKS ACT 1905-1912.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that, on account of urgency, the following Regulations under the Trade Marks Act 1905-1912 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Statutory Rules, 1906, No. 122, and 1907, No. 90, being Regulations under the Trade Marks Act 1905, which came into operation on the 28th December, 1906, and 29th August, 1907, respectively, are hereby cancelled.

Dated this 8th day of October, One thousand nine hundred and thirteen.

DENMAN,

Governor-General.

By His Excellency’s Command,

W. H. IRVINE,

Attorney-General.

TRADE MARKS REGULATIONS.

PART I.—PRELIMINARY.

Division 1.—General Provisions.

Short title.

1. These Regulations may be cited as the Trade Marks Regulations 1913.

Parts.

2. These Regulations are divided into parts as follows:—

Part I.—Preliminary.

Division 1. General Provisions.

Division 2. Agents.

Part II.—Registration of Trade Marks.

Division 1. Applications.

Division 2. Procedure on Applications.

Division 3. Opposition.

Division 4. Renewal of Registration.

Part III.—Appeals.

Division 1. Appeal to the Law Officer.

Division 2. Appeals to High Court or Supreme Court.

Part IV—Assignments and Transmissions.

Part V.—The Register of Trade Marks.

Division 1. General.

Division 2. Correction of the Register by the Registrar.

Division 3. Rectification of the Register by the Court.

Part VI.—Standardization Trade Marks.

Part VII.—The Commonwealth Trade Mark.

Part VIII.—Miscellaneous.

Definitions.

3. In these Regulations–

“The Act” means the Trade Marks Act 1905-1912.

“The Official Journal” means the Australian Official Journal of Trade Marks.

Classification of goods.

4. (1) The Classification of goods for the purposes of the Act and these Regulations shall be as set out in the First Schedule.

(2) If any doubt arises as to the class to which any particular description of goods belongs, it shall be determined by the Registrar.

Fees.

5. (1) The Fees to be paid in connection with applications, registrations and other matters under the Act and these Regulations, shall be as set out in the Second Schedule.

(2) Fees must be paid in cash.

(3) Registration of a trade mark, or series of trade marts, shall not be effected until the prescribed registration fees have been paid.

Forms.

6. (1) Where in these Regulations any form is referred to, the reference is to a form in the Third Schedule.

(2) The forms contained in the Third Schedule may, as far as they are applicable, be used in any proceeding under the Act or these Regulations to which they are appropriate.

Hours of business.

7. Except in the case of holidays observed under the Commonwealth Public Service Act 1902-1911, the Trade Marks Office shall be open to the public on week days (other than Saturdays) from 10 a.m. to 4 p.m., and on Saturdays from 10 a.m. to Noon.

Address for service.

8. If the Registrar so requires, every applicant or opponent shall state an address for service at some place in or near to the city in which the Trade Marks Office is situate.

Address for service of foreign proprietor.

9. The Registrar may require the proprietor of a registered trade mark, who does not reside or carry on business within Australia, to give an address for service within Australia, and in such case such address may be treated as the actual address of the proprietor for all purposes connected with such trade mark.

Size, &c., of documents.

10. Subject to any directions from time to time given by the Registrar, all applications, notices, statements, counter-statements, representations of marks, papers having representations affixed, and other documents required by the Act or these Regulations to be left at or sent to the Trade Marks Office or a sub-office, shall be upon foolscap paper of a size of 13 inches by 8 inches, and shall have on the left thereof a margin of not less than one inch and a half.

Division 2.—Agents.

Appointment of agent.

11. Any applicant, opponent, or proprietor may appoint some person residing in Australia to be his agent to represent him in relation to a trade mark, either generally or for any specified purpose.

Form of appointment.

12. The appointment of an agent must be in writing, and may be in accordance with Form A., and must be lodged with the Registrar.

Agent to represent principal.

13. Applications, notices of opposition, and documents may be signed by an agent on behalf of his principal, and all communications between the Registrar and the principal may be sent to the agent, and service on the agent shall be deemed service on the principal.

Registrar’s discretion as to agents.

14. The Registrar shall not be bound to recognise as an agent, or to receive further communications from, any person who has been convicted criminally or whose name has been removed from the Register of Patent Attorneys kept under the provisions of the Patents Act 1903-1909, and not

since restored. Subject to the approval of the Minister, the Registrar may also refuse to receive communications from any agent whose conduct in the Registrar’s opinion is calculated to prejudice the applicant’s interest, and may call on the applicant either to appoint a more suitable agent, or to communicate directly with the Registrar.

PART II.—REGISTRATION OF TRADE MARKS.

Division 1.—Applications.

Requisites of application.

15. An application for the registration of a trade mark must be made in writing, and must set out the name, address and description of the applicant, and his address for service, and must contain a representation of the trade mark, and be accompanied by twelve additional representations thereof, which shall be facsimiles of the representation contained in the application. Seven of the additional representations are to be affixed as hereafter provided, and five unaffixed.

16. (1) An application must be signed by the applicant or by an agent on his behalf, but the following shall be sufficient:—

(a) If the application is made by a firm, the firm’s signature thereto may be made by any member of the firm.

(b) If the application is made by a body corporate or an association, it may be signed by a director or by the secretary or some principal officer thereof, on behalf of the body corporate or association.

(2) Where an application is signed by an agent on behalf of the applicant, the application must be accompanied by an authority by the applicant to the agent.

Representation of trade marks

17. (1) Where possible, a representation of the trade mark must be affixed to the square in the form of application.

(2) Where the representation exceeds the square in size, the representation must be mounted on linen, and part of the mounting affixed to the square, and the rest folded over.

Representation in special cases.

18. Where the representation cannot be affixed to the square in the form of application, a specimen or copy of the trade mark may be lodged with the application either in full size or on a reduced scale, and in such manner and form as the Registrar directs.

Foreign words.

19. Where a trade mark contains words other than English words or in other than Roman characters, a translation of the words shall, if the Registrar so requires, be indorsed on or affixed to the application and each additional representation of the trade mark lodged with it.

Representation of a series of trade marks.

20. Where an application relates to a series of trade marks, a representation of each trade mark of the series shall be affixed as aforesaid to the form of application, and to each of the accompanying Forms C.

Registrar may require fresh representation.

21. The Registrar may, if dissatisfied with the representation of a trade mark, require a fresh representation, either before he proceeds with the application, or before he registers the trade mark.

Form of application.

22. The application may be in accordance with such of the Forms B, B1, B2, or B3, as is applicable to the case, but in the case of applications in Form B2, a declaration in accordance with Form D must accompany the application.

Applications when lodged to be indorsed with actual time of lodgment.

23. Every application for registration of a trade mark shall be indorsed with the actual time of its receipt, either at the Trade Marks Office or at a Sub-office. For the purposes of this Regulation, the time at which an application is lodged in a State, according to the standard or legal time in that State, shall be reckoned as the actual time of lodgment of the application.

Manner of recording applications.

24. Applications for registration of trade marks sent by prepaid letter through the post, shall as far as practicable, be recorded in the order in which the letters containing them were delivered at the Trade Mark Office or Sub-office; or in the case of letters delivered at the same time, in the order in which they are opened.

Restriction on use of certain words in trade marks.

25. The Registrar may refuse to accept any application upon which the following appear:—

(a) The words “Patent,” “Patented,” “By Royal Letters Patent,” “Registered,” “Registered Design,” “Copyright,” “Entered at Stationers Hall,” “To Counterfeit this is Forgery,” or words to the like effect; or

(b) The word “Royal” or any word of similar import, if the use of the word in the trade mark might lead people to think that the applicant had Royal or Government patronage, or authorization; or

(c) Any representation of the King, the Queen, or any member of the Royal Family; or

(d) Any representation of the Royal arms, or Royal crests, or arms or crests so nearly resembling them as to be likely to lead to mistake, or of the Royal Crowns, or of the British National Flags; or

(e) Any representation of the arms, flag, or seal of the Commonwealth or of any State; or

(f) Any representation of the arms of any foreign state or country; or

(g) Any representation of the arms or emblems of any city or town in the Commonwealth, or of any Commonwealth or State public authority or public institution:

Provided always that nothing contained in this Regulation shall preclude the Registrar from allowing the registration of any mark properly registered under a State Trade Marks Act, or any mark in use at the commencement of the Trade Marks Act 1905, which could have been lawfully registered under a State Trade Marks Act in force at the commencement of the Trade Marks Act 1905, in the State in which the trade mark was then used, had an application for its registration been made prior to the commencement of the Trade Marks Act 1905.

Use of arms of foreign State.

26. Where representations of the arms of a foreign State or place appear on a mark the Registrar may call for such justification as he may deem necessary for their use.

Use of arms of city, &c.

27. Where a representation of the arms or emblems of any city, borough, town, place, society, body corporate, or institution appears on a mark, the applicant shall, if so required, furnish the Registrar with a consent from such official as the Registrar may consider entitled to give consent to the use of such arms or emblems.

Use of name or representation of persons.

28. Where the names or representations of living persons appear on a trade mark, the applicant shall, if so required, furnish the Registrar with consents from such persons before the Registrar proceeds to register the mark. In the case of persons recently dead, the Registrar may call for consents from their legal representatives before proceeding with registration of a trade mark on which their names or representations appear.

Division 2.—Procedure on Applications.

Acknowledgment of application

29. On receipt of the application the Registrar shall furnish the applicant with an acknowledgment thereof.

Acceptance of application.

30. If the Examiner reports favorably upon the application and the Registrar is of opinion that the trade mark is. in compliance with the Act, and no bar to its registration exists, the Registrar shall accept the application.

Notice of refusal.

31. If the Examiner reports adversely to the application notice of the objection shall be given to the applicant. The notice shall state the grounds of the objection and shall inform the applicant that he is entitled to be heard personally or by his agent.

Notice of application for hearing.

32. Within one month from the receipt of the notice or such further time as is fixed by the notice, the applicant shall notify the Registrar whether or not he desires to be heard upon the matter, and in default of his doing so the application shall be deemed to be abandoned.

Notice of hearing.

33. If the applicant notifies the Registrar that he desires to be heard the Registrar shall fix a time for the hearing, and shall give to the applicant not less than ten days’ notice of the time so fixed, and if the applicant fails to appear personally, or by his agent, at the time fixed for the hearing, the application shall be deemed to be abandoned.

Hearing.

34. On the hearing, the Registrar shall hear the applicant, and shall consider the application, and shall decide whether to accept it with or without modifications or conditions, or to refuse it.

Advertisement of application.

35. Every application for the registration of a trade mark which has been accepted shall be advertised by the Registrar in the Official Journal.

Means of advertising trade mark to be supplied.

36. For the purposes of the advertisement the applicant may be required to furnish a type-high block or electrotype (or more than one, if necessary) of the trade mark, of such surface measurement as is directed by the Registrar, or such other information or means of advertising the trade mark as is required by the Registrar; and the Registrar, if dissatisfied with any block or electrotype furnished by the applicant may require a fresh block or electrotype before proceeding with the advertisement.

Advertisement of series.

37. When an application relates to a series of trade marks, the applicant may be required to furnish a wood block or electrotype (or more than one, if necessary) of any or of each of the trade marks constituting the series; and the Registrar may, if he thinks fit, insert with the advertisement of the application a statement of the extent to which the several trade marks differ from one another.

Action where representation of trade mark not advertised.

38. If no representation of the trade mark is inserted in connexion with the advertisement, or if the trade mark is limited to a particular colour or colours, and in all cases in which he deems it desirable, the Registrar shall state in the advertisement the place where a specimen or representation of the trade mark is deposited for exhibition.

Registrar may refuse to register after acceptance in some cases.

39. In pursuance of Section 47 of the Act, the Registrar need not register a mark where in his opinion the circumstances of the case warrant a refusal to register or where the mark has been accepted in error. In such cases the Registrar may withdraw his acceptance and refuse to register the mark; but any such refusal shall be deemed a refusal under sub-section 3 of Section 33 of the Act, and an applicant shall have there after he same right of being heard, and of appealing, as he would have had if the mark had been refused in the first instance.

Where trade mark contains a description of the goods.

40. Where the, name or a description of any goods appears on a trade mark the Registrar may refuse to register such mark in respect of any goods other than the goods so named or described. Where the name or description of any goods appears on a trade mark, which name or description in use varies, the Registrar may permit the registration of the mark with the name or description upon it for goods other than those named or described, the applicant stating in his application that the name or description varies.

Special Applications under Section 16(1)(e.)

Registration of name, &c., under s. 16(1)(e).

41. An application to register a name, signature, or word or words under paragraph (e) of Section 16(1) of the Act, shall be made in accordance with Form B3, and not otherwise.

Reference of application to an examiner.

42. Such application shall be forthwith referred by the Registrar to an Examiner, who shall ascertain and report whether the trade mark is a registrable trade mark and whether it is identical with a trade mark forming the subject of a pending application or with a trade mark already on the Register under this Act or any State Trade Marks Act in respect of the same goods or description of goods, or so closely resembles such trade mark as to be likely to deceive, and whether the trade mark or any matter therein is common to the trade.

Notice of Registrar’s opinion to applicant.

43. If the Registrar is of opinion that some bar to the registration of the mark exists, he shall give notice thereof to the applicant, and such notice shall state the grounds of the Registrar’s opinion.

Applicant may state a case.

44. Within one month from the receipt of such notification the applicant shall send to the Registrar in writing a case in duplicate stating at length the grounds upon which he relies in support of his application, and whether he desires to be heard by the Registrar or the Law Officer or the Court.

Failure to state case.

45. If the applicant fails within the time allowed to send to the Registrar a case as prescribed in Regulation 44 the application shall be deemed to be abandoned.

Determination by Registrar without hearing.

46. If the applicant within the time allowed sends to the Registrar a case as prescribed in Regulation 44, and does not desire to be heard, the Registrar shall consider the case and shall make an order determining whether or not the mark is to be deemed a distinctive mark.

Determination by Registrar upon hearing.

47. If the applicant within the time allowed sends to the Registrar a case as prescribed in Regulation 44, and desires to be heard by him, the Registrar shall fix a day for such hearing, and shall give the applicant not less than ten days’ notice of the time so fixed, and if the applicant fails to appear personally or by his agent at the time fixed for the hearing, the application shall be deemed to be abandoned. If the applicant appears personally, or by his agent, the Registrar shall, upon hearing him, make an order determining whether or not the mark is to be deemed a distinctive mark.

Determination by Law Officer.

48. (1) If the applicant within the time allowed sends to the Registrar a case as prescribed in Regulation 44, and desires to be heard by the Law Officer, he shall send with his case an application in accordance with Form Z, together with the prescribed fee.

(2) Upon receipt of such case and application, the Registrar shall forward the case and application to the Law Officer together with all communications that have passed between the Registrar and the applicant.

(3) Upon receipt of the case and application the Law Officer shall fix a day for the hearing at which the applicant and the Registrar may attend and be heard, and the Law Officer shall make an order determining whether or not the mark is to be deemed a distinctive mark.

Determination by Court.

49. If the applicant within the time allowed sends to the Registrar a case as prescribed in Regulation 44, and notifies the Registrar that he desires to obtain an order of the Court, he shall within one month after sending his case to the Registrar bring the matter before the Court by motion, and if he fails to do so the application shall be deemed to be abandoned.

Proceedings after order made.

50. If an order is made, either by the Registrar, the Law Officer, or the Court, that the mark is to be deemed a distinctive mark, proceedings thereafter shall be had in respect of it as if it had been accepted by the Registrar in the ordinary course.

Division 3.—Opposition.

Notice of opposition.

51. A notice of opposition to the registration of a trade mark may be in accordance with Form F, and shall be signed by or on behalf of the opponent.

Opposition or the ground of trade mark already on the register.

52. Where a ground of opposition to the registration of a trade mark is that it is identical with a trade mark already registered under the Act or a State Trade Marks Act, in respect of the same goods or description of goods, or so nearly resembles the latter trade mark as to be likely to deceive, the notice shall state the date of registration, and the number of the registered trade mark.

Evidence.

53. In any case of opposition to the registration of a trade mark the Registrar may, at the request of the parties or otherwise, order that all or any part of the evidence shall be taken viva voce or by affidavit and may give such directions as are required in that behalf, but, in the absence of any direction by the Registrar, the evidence in any such case shall be by declaration and shall be given as follows:—

(a) Within one month after the receipt of the counter-satement, which shall be in accordance with Form G, the opponent shall leave at the Trade Marks Office the evidence he adduces in support of his opposition, and deliver to the applicant copies thereof.

(b) Within one month after the delivery to the applicant of the Opponent’s evidence, the applicant shall leave at the Trade Marks Office his evidence in answer, and deliver to the opponent copies thereof.

(c) Within fourteen days after the delivery of the applicant’s evidence the opponent shall leave at the Trade Marks Office his evidence in reply, and deliver to the applicant copies thereof. The last-mentioned evidence shall be confined to matters strictly in reply.

(d) No further evidence shall be left on either side except by leave of the Registrar upon the written consent of the parties or by special leave of the Registrar given on an application made to him. Either party making the application shall give notice thereof to the opposite party, who shall be entitled to oppose the application. Application for leave to lodge further evidence shall be accompanied by the prescribed fee.

(e) Where exhibits are referred to in a declaration, but not attached thereto, the party adducing the evidence shall send the originals to the Trade Marks Office, and, if so directed by the Registrar, shall furnish copies or impressions thereof to the other party.

Failure by opponent to lodge declarations.

54. If the opponent fails, within the time allowed, to leave declarations in support of his opposition, or to state that he intends to rely on the facts stated in the notice of opposition, the opposition shall be deemed to have been abandoned.

Failure by applicant to lodge declarations.

55. If the applicant fails, within the time allowed, to lodge declarations in answer to opponent’s declarations in support of the opposition, or to state that he intends to rely upon the documents lodged with the application, the application shall be deemed to have been abandoned.

Appointment of time for hearing.

56. On the completion of the evidence the Registrar shall, appoint a time for the hearing of the case, and shall give the parties at least seven days’ notice of the appointment.

Notice of intention to appear.

57. After receiving the notice of the appointment, any party desiring to be heard shall forthwith give a notice in writing to the Registrar of his desire to be heard, and any party who has given that notice shall be entitled to be heard. If neither party appears the Registrar shall decide the case in his absence.

Hearing fee.

58. The opponent shall pay to the Registrar the prescribed hearing fee before the time fixed for the hearing, and in default of his doing so the Registrar may, at his discretion, dismiss the opposition with costs.

Disallowance of opposition in certain cases.

59. On the hearing of the case no opposition shall be allowed in respect of any ground not stated in the notice of opposition.

Decision to be notified to parties.

60. The decision of the Registrar in the case shall be notified to the parties in writing.

Division 4.—Renewal of Registration.

Notice of expiry of registration.

61. The notice under Section 55 of the Act shall be sent by the Registration not less than three months, nor more than six months, before the expiration of fourteen years from the date of the last registration of the trade mark. The notice shall be in writing, and may be in accordance with Form L.

Second notice.

62. If at the expiry of two months from the date of the notice an application for the renewal of the trade mark has not been lodged, the Registrar shall send a second notice, in accordance with Form M, to the registered proprietor. If the registered proprietor is resident outside Australia, the second notice shall be sent to his address outside Australia, as well as to his address for service in Australia.

Application tor renewal of registration.

63. An application to the Registrar for the renewal of the registration of a trade mark may be made in writing at any time within six months before the expiration of the registration of the trade mark, and may be in accordance with Form N, and shall be accompanied by the prescribed fee for renewal, and a declaration showing that the trade mark has been substantially used in Australia since the date of the last registration thereof in respect of the goods in respect of which it is registered.

Certificate of renewal.

64. If the application for renewal is granted, the Registrar shall issue to the applicant a certificate of renewal in accordance with Form O.

Appeal.

65. Any party aggrieved by the removal of a trade mark from the Register under section 55 of the Act may appeal to the Court in the manner prescribed in Division 2 of Part III. of these Regulations.

Application tor restoration.

66. An application for the restoration of the trade mark to the Register under section 56 may be in accordance with Form P, and shall be lodged at the Trade Marks Office, accompanied by the prescribed additional fee. In case such application is made an application for renewal of registration may be made at the same time.

Removal of mark from register.

67. Where a trade mark has been removed from the Register for non-payment of the prescribed fee, the Registrar shall cause to be entered in the Register a record of that removal and of the cause thereof.

PART III.— APPEALS.

Division 1.—Appeal to the Law Officer.

Notice of appeal.

68. When any person intends to appeal to the Law Officer from a decision of the Registrar, he shall, within one month from the date of the decision appealed against, send notice of appeal in writing, together with the prescribed fee, setting out the grounds of appeal to the Law Officer, to the Registrar, and to the opposite party.

Service of copies.

69. If the appellant or respondent lodges any declaration or document with the Law Officer, he shall serve a copy thereof on the Registrar, and on the opposite party.

Transmission of documents.

70. The Registrar shall forward to the Law Officer all documents used in the case and evidence given before him.

Directions by Law Officer.

71. The Law Officer may give such directions (if any) as he thinks fit with respect to the hearing of the appeal.

Hearing of appeal.

72. Seven days’ notice of the time and place appointed for the hearing, or such shorter notice as the Law Officer in any particular case directs, shall be given to the Registrar and to the parties.

Evidence.

73. Subject to the direction and leave of the Law Officer, the evidence to be used on the appeal to the Law Officer shall be the same as that used at the hearing before the Registrar.

Division 2.—Appeals to High Court or Supreme Court.

Appeals to High Court.

74. Appeals to the High Court from the decision of the Registrar or Law Officer may be instituted and conducted in accordance with the Rules of the High Court.

Appeals to Supreme Court.

75. (1) Subject to sub-Regulation (3) of this Regulation, appeals to the Supreme Court from the decision of the Registrar or the Law Officer may be instituted and conducted in accordance with the Rules of the Supreme Court.

(2) If the Rules of the Supreme Court make no provision in that behalf, appeals may be instituted by notice of motion filed in the Court.

(3) The appeal may be instituted within twenty-one days after the date of the decision appealed against, or such further time as the Court, on application made within such twenty-one days allows.

(4) Notice of intention to apply for further time to appeal shall be given to the Registrar, who shall be entitled to be heard thereon.

(5) Forthwith after the appeal is instituted, the notice of motion or other document instituting the appeal shall be served on the Registrar, and on all parties directly affected by the appeal.

(6) Subject to the Rules of Court, the Court may give such directions in relation to appeals as it thinks fit.

Transmission of documents.

76. The Registrar shall forthwith, after the service of the notice of motion or other document instituting an appeal on him, forward to the proper officer of the Court all such documents, or copies thereof, as may be necessary for the hearing of the appeal.

PART IV.—ASSIGNMENTS AND TRANSMISSIONS.

Request by subsequent proprietor.

77. Where a person becomes entitled to a registered trade mark by assignment, or by transmission, or other operation of law, he may, by writing, request the Registrar to enter his name in the Register as proprietor of the trade mark.

Form and signature of request.

78. The request may be in accordance with Form Q, and shall be signed and declared to, by or on behalf of, the person claiming to be entitled to the trade mark.

Further proof of title if required.

79. The claimant shall furnish to the Registrar such other proof of title and of the existence and ownership of the good-will as he requires.

Form of application under section 59.

80. An application to the Registrar under section 59 of the Act to permit an apportionment of the registered trade marks of a person who has ceased to carry on business shall be in accordance with Form X. Such application shall be accompanied by the prescribed fee and by a case setting out fully the facts relating to the marks of which the Registrar is requested to permit an apportionment.

PART V.–THE REGISTER OF TRADE MARKS.

Division 1.—General.

Registrar may call evidence.

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

The decision of the Registrar shall be in writing.

Entry of apportionment in register.

82. Upon any apportionment of marks under this section the Registrar shall insert in the Register a note in connexion with each of the registered trade marks of the fact of such apportionment, and shall in such note refer to the date of the decision under which such apportionment has taken place.

Time of registration of trade marks.

83. As soon as may be after an applicant has become entitled to registration, the Registrar shall enter in the Register of Trade Marks the particulars set forth in section 61 of the Act, with such others as appear to him to be expedient in the public interest.

Associated trade marks.

84. Where a trade mark is registered as associated with any other trade mark, the Registrar shall note upon the Register against each of the associated trade marks the numbers of the trade marks with which it is associated.

Certificate of registration.

85. Forthwith after the registration of a trade mark the Registrar shall send to the applicant at his registered address a certificate of the registration of his trade mark.

Hours of inspection of register.

86. The Register shall be open to the inspection of the public during office hours on every day during which the Trade Marks Office is open, except on the days and at the times following:—

(a) Days which are from time to time notified by a placard posted in a conspicuous place at the Trade Marks Office.

(b) Times when the Register is required for any purpose of official use.

Division 2.—Correction of the Register by the Registrar.

Correction of register.

87. A request for the alteration of the Register in pursuance of section 68 of the Act may be in accordance with Form R, and shall be lodged at the Trade Marks Office, accompanied by the prescribed fee.

Who may make applications.

88. The request may be made by the registered proprietor or by the trustee in bankruptcy of the registered proprietor, or, where the registered proprietor is a company in liquidation, by the liquidator, and in other cases by such person as the Registrar decides is entitled by law to act in the name of the registered proprietor.

Evidence may be required.

89. Where a request is made, the Registrar may require evidence by statutory declaration or otherwise, as he thinks fit, as to the circumstances in which the request is made.

Application to enter disclaimer to be advertised.

90. Where a request is made on Form R to enter a disclaimer or memorandum relating to a trade mark, the Registrar, before deciding upon the request, shall advertise the application in the Official Journal for one month, in order to enable any person desiring to do so to state any reasons in writing against the entry of the disclaimer or memorandum.

Requisites of application for leave to alter a mark.

91. Where a person desires to apply, under section 70 (1) of the Act, to alter a trade mark, he shall forward to the Registrar an application in accordance with Form Y together with the prescribed fee, and shall furnish the Registrar with twelve copies of the mark as it will appear when altered. Before proceeding with the application, the Registrar may

call upon the applicant to furnish a block suitable to advertise in the Official Journal the fact that the application has been made, or, if he think fit, the Registrar, without calling for a block, may insert an advertisement describing the alteration in words so that it can be understood by persons interested in the matter.

Applicant may be required to furnish a block showing alteration.

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

Division 3.—Rectification of the Register by the Court.

Notice of applications to Registrar.

93. Four clear days’ notice of every application to the Court, for rectification of the register under section 71 of the Act (except applications by the Registrar) shall be given to the Registrar.

Representation of altered trade marks.

94. Whenever the Court grants leave to the registered proprietor of a trade mark to add to or alter it, the applicant shall forthwith supply to the Registrar such a number of representations of the trade mark so added to or altered as the Registrar deems sufficient.

Publication of rectification or variation of register.

95. Whenever an order is made by the Court, the Registrar shall publish, by advertisement, in the Official Journal, the terms of the order and such circumstances connected with the making of it as in his opinion should be published in the public interest.

Order of Court.

96. Where an order has been made by the Court affecting the register, the person or persons in whose favour the order has been made, or such one of them, if more than one, as the Court directs, shall forthwith send to the Registrar an office copy of such order. The register shall thereupon be rectified or altered, or the purport of such order shall otherwise be duly entered in the register, as the case may be.

PART VI.—STANDARDIZATION TRADE MARKS.

Application for registration of a standardization mark.

97. An application for the registration of a mark under section 22 of the Act (in this Part called a standardization trade mark) may be in accordance with Form T, and shall be lodged at the Trade Marks Office, accompanied by an application, in accordance with Form U, for the permission of the Minister to register the mark as a standardization trade mark, by seven copies of Form C, and by five unaffixed representations of the mark.

Procedure on application.

98. The Registrar shall forthwith refer the application to an Examiner in the same manner as prescribed by Sub-section 2 of Section 33 of the Act, and upon the receipt of his report thereon shall, as soon as may be, refer the application, together with the report, to the Minister accompanied by a recommendation thereon. The Registrar shall also send the applicant a copy of the Examiner’s report if the Registrar is of opinion that some bar to the registration of the trade mark exists.

Applicant to forward case.

99. The applicant shall, within one month from the receipt of such report, send to the Registrar in duplicate a case setting out the grounds upon which he relies for the support of the application, and, if he fails so to do the application shall be deemed to be abandoned. A copy of any case submitted by the applicant shall be furnished to the Minister.

Action by Minister on receiving application for permission to register.

100. If, after consideration of the facts, the Minister permits the application to proceed, it shall be advertised in the Official Journal, and the application shall be treated in all respects as if it were an ordinary application, and shall be open to opposition in the same way, and all such proceedings shall be had thereon, as if it were an ordinary application under the Act.

Applications for Minister’s permission to assign.

101. In the event of the proprietor of a registered standardization trade mark being desirous of assigning it to another authority, association, or person, the proprietor may make application for the permission of the Minister to make the assignment.

Form of application for permission.

102. The application for such permission may be in accordance with Form W, and shall be lodged at the Trade Marks Office, accompanied by request in accordance with Form V.

Action by Registrar on receipt of application.

103. The Registrar shall record the receipt of the application, and shall thereupon transmit it to the Minister, accompanied by any remarks which appear to him desirable.

Decision of Minister.

104. The decision of the Minister shall be noted on the application, which shall thereupon be returned to the Registrar, who shall notify the applicant in accordance with the Minister’s decision.

Where Minister’s decision favourable assignment may be lodged for registration.

105. If the Minister permits the assignment of the trade mark, the assignee may lodge at the Trade Marks Office a request to enter his name upon the register as proprietor of the standardization trade mark, accompanied by all deeds or documents affecting the proprietorship of the trade mark, together with attested copies thereof, and his name may be entered accordingly.

PART VII.—THE COMMONWEALTH TRADE MARK.

Register of the Commonwealth Trade Mark.

106. There shall be kept at the Trade Marks Office a register of the Commonwealth Trade Mark, which shall be drawn out in, two parts. The first part shall contain particulars of the Commonwealth Trade Mark, together with the date of registration and any other particulars the Registrar deems fit to insert. The second part shall be arranged alphabetically, and shall contain the names of all persons who have been authorized by the Minister to make use of the mark, together with any other particulars which, in the opinion of the Registrar, the circumstances require.

Use of Commonwealth Trade Mark upon registration.

107. After the registration of the Commonwealth Trade Mark, any person may make application to the Minister for authority to make use of it.

Form of application.

108. The application may be in accordance with Form AA, and shall be lodged at the Trade Marks Office, accompanied by the prescribed fee, and a request to transmit, in accordance with Form BB.

Application to be sent to Minister.

109. The Registrar shall, after recording the application, transmit to the Minister for decision.

Registrar to take action in accordance with Minister’s decision.

110. After the Minister has given his decision upon the application, it shall be returned to the Registrar, who shall notify the applicant in accordance with the decision, and take such other action as is required.

Action on revocation by Minister of authority.

111. If the Minister revokes, in whole or in part, any authority given to any person to use the Commonwealth Trade Mark, the papers connected with the revocation shall be forwarded to the Registrar, who shall make such entry in the register as is required.

Action to be taken on cancellation of the Commonwealth Trade Mark.

112. If the Minister directs the removal of the Commonwealth Trade Mark from the register, the Registrar shall, on receipt of the direction, cause the entry in the register to be cancelled by the placing thereon of a red cross, embracing the whole of the entry, and by writing the word “cancelled” across the entry, and adding the initials of the Registrar, and the date.

Publication of removal of Commonwealth Trade Mark from the register.

113. The Registrar shall thereupon cause a notification of the removal of the Commonwealth Trade Mark from the register to be inserted in the Official Journal, and in such newspapers as he thinks desirable.

PART VIII.—MISCELLANEOUS.

Inspection of applications and registers.

114. All applications for the registration of trade marks and the Register of the Commonwealth Trade Mark shall be open to public inspection, on payment of the prescribed fee, and at the times mentioned in Regulation 86.

Evidence.

115. Except where the Registrar otherwise directs, evidence to be used before him shall be given by declaration.

Dispensing with evidence, &c.

116. Where under these regulations any person is required to do any act or thing, or to sign any document, or to make any declaration, or produce to or leave with the Registrar, or at the Trade Marks Office, any document or evidence, and it is shown to the satisfaction of the Registrar that from any reasonable cause that person is unable to comply with the requirement, the Registrar may, upon the production of such other evidence, and subject to such terms as he thinks fit, dispense with the requirement.

Declarations.

117. (1) Declarations for the purposes of the Act and these regulations may be taken or made before any of the following persons:—

(a) In Australia—the Registrar, a Deputy Registrar, a Notary Public, a Justice of the Peace, a Commissioner for Affidavits, a Commissioner for Declarations, or any person authorized by any Act or State Act to administer oaths or take declarations:

(b) In British Dominions other than Australia—any Judge, Magistrate, Justice of the Peace, Notary Public, or Commissioner for Oaths or Affidavits, or any person authorized by law to administer oaths:

(c) In foreign countries—any Judge of a Superior Court, British Consular or Consular Officer, or Notary Public.

Proof of signatures not required.

(2) The Registrar may take notice of the signature to any declaration, and of the signature of the person before whom it purports to have been declared, without proof of those signatures or of the official character of the person before whom the declaration purports to have been made.

Hearing by Registrar.

118. Before exercising any discretionary power given to the Registrar by the Act, adversely to the applicant for registration or the registered proprietor of the trade mark in question, the Registrar shall (if so required by the applicant or registered proprietor within one month from the date of the Registrar’s objection) give the applicant or registered proprietor an opportunity of being heard personally, or by his agent, by sending the applicant or registered proprietor at least ten days’ notice of a time when he may be so heard.

Notice of wish to be heard before Registrar.

119. Within five days from the date when such notice would be delivered in the ordinary course by post, or such longer time as the Registrar appoints in the notice, the applicant or registered proprietor shall notify to the Registrar whether or not he intends to be heard upon the matter.

Notification of decision.

120. The decision of the Registrar shall be notified to the applicant or registered proprietor.

Notice by applicant.

121. If the applicant or registered proprietor fails to notify the Registrar within the time allowed that he desires to be heard in the matter, the Registrar may, upon the expiration of that time, proceed to exercise his discretionary power in relation to the matter.

Certificate by Registrar.

122. The Registrar, when required otherwise than under section 47 of the Act or Regulation 64 to give a certificate as to any entry, matter, or thing which he is authorized by the Act or any of these Regulations to make or do, may, on receipt of a request in writing, and on payment of the prescribed fee, give such certificate.

Advertisements.

123. All advertisements, notices, or documents, which by the Act or by these Regulations are required to be published, shall be advertised in the Official Journal.

Request for substitution of successor in interest.

124. A request, under section 109 of the Act, for the substitution of a successor in interest in place of a party to a proceeding who has died pending the proceeding, may be in accordance with Form CC, and shall be lodged at the Trade Marks Office, accompanied by the prescribed fee.

Amendment of documents.

125. Any document or drawing or other representation of a trade mark for the amending of which no special provision is made by the Act or these Regulations, may be amended on payment of the prescribed fee, and any irregularity in procedure which, in the opinion of the Registrar, may be waived without detriment to the interests of any person, may be corrected, if the Registrar thinks fit, and on such terms as he directs.

Extension of time

126. Any time prescribed by these Regulations within which a prescribed action is required to be performed may be extended by the Registrar, if he is satisfied that an extension is reasonable and just. Notice of any such extension shall be given to all persons concerned.

THE FIRST SCHEDULE.

CLASSIFICATION OF GOODS.

General Note.

Any wares made of mixed materials (for example, of both cotton and silk) shall be included in such one of the classes appropriated to those materials as the Registrar directs.

Classification of Goods—continued.

Classification of Goods—continued.

Classification of Goods—continued.

Classification of Goods—continued.

Classification of Goods—continued.

Each sub-class of Class 50 shall, for the purposes of the registration of a trade mark, be deemed to be a class.

THE SECOND SCHEDULE.

FEES.

THE THIRD SCHEDULE.

Form A.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

APPOINTMENT OF AGENT.

Sir,

I/We(1)           hereby nominate, constitute, and appoint (2)                             of (3)                            in the Commonwealth of Australia (4)                                                                                                  to be my/our agent (5)                                                        for me/us and in my/our name (6)                                                        and for that purpose to sign on my/our behalf all documents (except such as are expressly required by the Trade Marks Act 1905-1912 or the Regulations to be signed by me/us personally) that my/our said agent may think necessary or desirable, and I/we further empower my/our said agent to alter and amend any documents, whether originally executed by me/us or on my/our behalf, in any manner which may be necessary.

Dated this day of 19

Witness

(7)

To the Registrar of Trade Marks,

Commonwealth of Australia,

(1) Here insert (in full) name, address, and occupation of principal.

(2) Here insert (in full) name of agent.

(3) Here insert full address of agent.

(4) Here insert occupation of agent.

(5) Applicant may here insert the words “with full powers of substitution and revocation.”

(6) Here insert purpose for which agent was appointed, such as “to apply for and obtain registration of my/our trade mark (illustrated on back hereof) in the Commonwealth of Australia,” or such other words as are applicable to the case

(7) Signature of principal.

Form B.

(To be accompanied by seven copies of Form C, and five unaffixed representations of the Trade Mark.)

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

APPLICATION FOR REGISTRATION OF TRADE MARK.

You are hereby requested to register the accompanying Trade Mark in Class (1)    in respect of (2)                             in the name of (3)                                          who claims to be the proprietor thereof (4).

I/We do not claim the registration of this Trade Mark under the special provisions of Section 16 (1.)(e) of the Trade Marks Act 1905-1912 in regard to names, signatures or words.

My/Our address for service is (5)

Dated this day of   19

(6)

To the Registrar of Trade Marks,

Commonwealth or Australia.

(1) Here set out class or sub-class. A separate application form is required for each separate class or sub-class.

(2) Only goods contained in any one class should be set out here.

(3) Here insert legibly the full name, address, and description of the individual, firm, or company. In the case of an individual, add trading style (if any).

(4) Alter to “claim to be the proprietors thereof” in the case of a firm.

(5) Insert an address for service within the Commonwealth.

(6) To be signed by the applicant, or on his behalf. A partner may sign for a firm, adding, “Per  , a member of the firm.” A director or the secretary or other principal officer of a company may sign for the company. If signed by an agent, the words “Agent for the applicant” must be added to the signature.

Form B1.

(To be accompanied by seven copies of Form C, and five unaffixed representations of the Trade Mark.)

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

APPLICATION FOR REGISTRATION OF TRADE MARK UNDER SECTION 8 OF THE ACT.

(By the registered proprietor of a Trade Mark registered in one or more States.)

You are hereby requested to register the accompanying Trade Mark in Class (1)     in respect of (2)              in the name of (3)              who claims to be the proprietor thereof (4). I/We              (5) do hereby declare that the said (3)                                          is/are the registered proprietor of the Trade Mark in the following States:—(6)                            I/We do not claim the registration of this Trade Mark under the special provisions of section 16 (1.) (e) of the Trade Marks Act 1905-1912, in regard to names, signatures or words.

My/our address for service is (7)

And I/We make this declaration conscientiously believing it to be true. (8)

Declared before me, at  day of  a. d. 19 .

(9)

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Here set out class or sub-class. A separate application form is required for each separate class or sub-class.

(2) Only goods contained in any one class may be set out here.

(3) Here insert legibly the full name, address and description of the individual, firm, or company. In the case of an individual, add trading style (if any).

(4) In the case of a firm or company, alter to “claim to be the proprietors thereof,”

(5) Here insert legibly the full name, address, and description of the person or persons making the declaration.

(6) Here set out the States in which the Trade Mark is registered and enumerate particulars of each registration, viz.:—(a) Name of State; (b) Number of registration.

(7) Insert an address for service within the Commonwealth. Where application is being made through an agent, the address of the agent should be inserted.

(8) To be signed by the applicant on his behalf. A partner may sign for a firm, adding “per   , a member of the firm.” A director, secretary, or other principal officer of a company may sign for the company. If signed by an agent, the words “Agent for the applicant” must be added after the signature.

(9) To be signed by the person before whom the declaration is made.

Form B2.

(To be accompanied by seven copies of Form C, five unaffixed representations of the Trade Mark, and one copy of Form D.)

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

APPLICATION FOR REGISTRATION OF TRADE MARK UNDER SECTION 9 OF THE ACT.

(By the unregistered proprietor of a Trade Mark in use in one or more States.)

You are hereby requested to register the accompanying Trade Mark in Class (1)   in respect of (2)                                                          in the name of (3)                                                         who claims to be the proprietor thereof (4).

I/We do not claim the registration of this Trade Mark under the special provisions of Section 16 (1.) (e) of the Trade Marks Act 1905-1912 in regard to names, signatures or words.

My/Our address for service is (5)

Dated this  day of  19

(6)

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Here set out class or sub-class. A separate application form is required for each separate class or sub-class.

(2) Only goods contained in any one class may be set out here.

(3) Here insert legibly the full name, address, and description of the individual, firm, or company. In the case of an individual, add trading style (if any).

(4) In the case of a firm or company, alter to “claim to be the proprietors thereof.”

(5) Insert an address for service within the Commonwealth. Where application is made through an agent, the address of the agent should be inserted.

(6) To be signed by the applicant or on his behalf, A partner may sign for a firm adding “per    a member of the firm.” A Director or the Secretary or a principal officer of a company may sign for the company. If signed by an agent, the words “Agent for the applicant” must be added after the signature.

Form B3.

The Trade Marks Act 1905-1912.

SPECIAL APPLICATION FOR REGISTRATION OF TRADE MARK UNDER SECTION 16 (1.) (e), OF THE ACT.

Application is hereby made for registration of the accompanying Trade Mark in Class in respect of (1)                                                         in the name of (2)                                                                       of (address and description)                                                                      who claims to be the proprietor thereof (3) and desires an order of the Registrar Law officer or the Court that the mark is to be deemed a distinctive mark,

My/Our address for service is (4)

(Signed)

Dated the  day of  19

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Only goods contained in one and the same class should be set out here. A separate Application Form is required for each separate class.

(2) Here insert legibly the full name, address and description of the individual, firm, or company. Add trading style (if any).

(3) Alter to “claim to be the proprietors thereof” in the case of a firm or company.

(4) Insert address for service within the Commonwealth. Where application is made through an agent, the address of the agent should be inserted.

Form C.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

ADDITIONAL REPRESENTATION OF TRADE MARK TO ACCOMPANY APPLICATION FOR REGISTRATION.

Name of Applicant (1)

Number of application (2)

Date of application (2)

Class No.

Goods in respect of which registration applied for

Note.—Seven of these Additional Representations of the Trade Mark and five unaffixed representations must accompany each Form of Application.

Dated this  day of  19

(3)

(1) Name in full.

(2) The number and date will be inserted by the Office.

(3) To be signed by the applicant or his agent. Where an agent signs on behalf of an applicant the words “Agent for the applicant” must be added after his signature.

Form D.

(To accompany Form B2.)

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

DECLARATION TO ACCOMPANY APPLICATION UNDER SECTION 9.

I/We (1)        do hereby declare that (2)                                                                                      is/are the unregistered proprietor of the trade mark of which the above is a representation, and that the said trade mark was in use by him/them in respect of (3 at the commencement of the Trade Marks Act 1905-1912, in the following States:—(4) And I/we further declare that in my/our opinion the trade mark could have been lawfully registered under the Trade Marks Acts in force in the following States at the commencement of this Act:—(5)

And I/we make this declaration conscientiously believing it to be true.

(6)

Declared before me at  the  day of  19

(7)

(1) Here insert legibly the full name, address, and description of the person or persons making the declaration.

(2) Here insert name or names of applicants.

(3) Here insert statement of goods in respect of which the mark has been used by the applicant or his predecessors in business.

(4) Here enumerate States in which the trade mark was in use by the applicant at the commencement of this Act.

(5) Here insert names of States in which the trade mark was in use by the applicant at the commencement of this Act, and in which it could have been lawfully registered under the Trade Marks Acts then in force in such States.

(6) To be signed by the declarant or declarants.

(7) To be signed by the person before whom the declaration is made.

Form e.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

FORM OF APPLICATION FOR HEARING.

(Place)

(Date)

Sir,

I/We (1)      hereby apply to be heard in reference to (2)                                                                                                    and request that I/we may receive due notice of the day fixed for the hearing.

I have the honour to be,

Sir.

Your obedient Servant,

(3)

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Here insert (in full) name and address

(2) Here insert particulars.

(3) Signature.

Form F.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

NOTICE OF OPPOSITION TO APPLICATION FOR REGISTRATION.

[To be accompanied by a duplicate.]

In the matter of an Application No.    by                                                                                                         of                                                                                                 

(Place)

(Date)

Notice is hereby given that I/we (1)      oppose the registration of the trade mark upon Application No.                            of                                          , 19              , applied for by

The grounds of opposition are as follow:—

(2)

My address for service in the Commonwealth is (3)

(4)

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Here insert (in full) name, address, and occupation of opponent.

(2) Here insert grounds of opposition in numbered paragraphs.

(3) Here state address in the Commonwealth for service of declarations.

(4) Signature of opponent or his agent.

Form G.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

COUNTER STATEMENT.

[To be accompanied by a duplicate.]

In the matter of an Application No.  by         of                                                                        and of the opposition thereto by                                                                                     of

In reply to the notice of opposition in this matter, I give notice, by way of Counter Statement, that I/we rely for my/our application on the following grounds:—

Dated this    day of    , 19

(1)

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Signature.

Form H.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

NOTICE THAT HEARING BEFORE REGISTRAR WILL BE ATTENDED.

In the matter of the Application No.  of      for registration of a Trade Mark,                                          and                                                                      In the matter of the opposition thereto of

(Place)

(Date)

Sir,

I/we (1)     of (2)      hereby give notice that the hearing in reference to Application No.               dated the                             day of                                           19              , made by                                                         will be attended by me or by some person on my behalf.

I have the honour to be,

Sir,

Your obedient Servant

(3)

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Insert name or names in full.

(2) Insert address.

(3) Signature.

* Payable by the opponent before time fixed for hearing.

C.2227.

Form I.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

NOTICE OF APPEAL TO THE LAW OFFICER.

In the matter of an Application No.  by       of                                                         I hereby appeal against the decision of the Registrar of Trade Marks (1)                                                       

upon the following grounds:—(2)

(3)

To the Law Officer, and to the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Here set out shortly the decision appealed against.

(2) Here set out the grounds of appeal in numbered paragraphs.

(3) Signature of appellant or his agent

FORM J.

Commonwealth of Australia

The Trade Marks Act 1905-1912.

FEE FOR REGISTRATION OF A TRADE MARK

In the matter of the Application No.  of    for registration of a Trade Mark in Class

Sir,

In reply to your request, I herewith transmit the prescribed fee of £    for the Registration of Trade Mark No.               in Class                             in name of                                                         and request you to furnish me with a Certificate of the registration thereof.

I have the honour to be,

Sir,

Your obedient Servant.

(1)

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Signature of the applicant or his agent

* For every additional mark of a series after first mark, 10s.

B 2

form K.

Commonwealth of Australia,

The Trade Marks Act 1905-1912.

CERTIFICATE OF REGISTRATION OF A TRADE MARK.

No.

I,  , Registrar of Trade Marks, do hereby certify that the Trade Mark, a representation of which is shown hereunder, has been registered in Class               , in respect of              for a period of fourteen years as from the               day of                             19              , and that                             of                             has been entered on the Register of Trade Marks as the proprietor thereof.

I certify further that the Trade Mark in question was advertised in the Australian Official Journal of Trade Marks of the               day of               19              , vol.              , No.              , page                            .

representation of the Trade Mark referred to in this Certificate.

Given under my hand and the seal of the Trade Marks Office this   day   of   19

Registrar of Trade Marks.

Form L.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

Trade Marks Office,

19 

NOTICE OF EXPIRY OF REGISTRATION OF A TRADE MARK, AND OF CONDITIONS FOR RENEWAL OF REGISTRATION.

Sir,

I hereby give you notice, in conformity with the provisions of Section 55 of the Trade Marks Act 1905-1912, that the registration of your Trade Mark No.                             registered in Class                             , will expire on the                             day of                             19               , unless the registration is renewed on or before that date. A renewal of the registration of the trade mark for a further term of fourteen years may be obtained on an application for such renewal being lodged at the Trade Marks Office containing or supported by a declaration showing substantial user of the Trade Mark in Australia since the date of its last registration in respect of the goods for which it is registered and on payment of the prescribed fee of £2.

I have the honour to be,

Sir,

Your obedient Servant,

Registrar of Trade Marks.

To

Procedure on expiry of period of registration.

Section 55.—At the prescribed time before the expiration of fourteen years from the date of the last registration of a trade mark, the Registrar shall send notice in the prescribed manner to the registered proprietor or his agent in Australia of the date at which the existing registration will expire and the conditions as to proof of substantial user and as to payment of fees and otherwise upon which a renewal of such registration may be obtained, and if at the expiration of the time prescribed in that behalf those conditions have not been duly complied with, the Registrar may remove the trade mark from the Register, but any party aggrieved shall have a right to appeal in manner prescribed.

Form M.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

Trade Marks Office,

19 

SECOND NOTICE OF EXPIRY OF REGISTRATION OF A TRADE MARK AND CONDITIONS FOR RENEWAL OF REGISTRATION.

Sir,

[To follow Form L, but containing such additional information (if any) as the Registrar sees fit to give.]

I have the honour to be,

Sir,

Your obedient Servant,

Registrar of Trade Marks.

To

Procedure of expiry of period of registration.

Section 55.—At the prescribed time before the expiration of fourteen years from the date of the last registration of a trade mark, the Registrar shall send notice in the prescribed manner to the registered proprietor or his agent in Australia of the date at which the existing registration will expire and the conditions as to proof of substantial user and as to payment of fees and otherwise upon which a renewal of such registration may be obtained, and if at the expiration of the time prescribed in that behalf those conditions have not been duly complied with, the Registrar may remove the trade mark from the Register, but any party aggrieved shall have a right to appeal in manner prescribed.

Form N.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

APPLICATION FOR RENEWAL OF REGISTRATION OF TRADE MARK AT EXPIRATION OF FOURTEEN YEARS FROM DATE OF REGISTRATION.

(Place)

(Date)

Sir,

In pursuance of the notice dated  received from you, I hereby apply for Renewal of the Registration of the Trade Mark No.               in Class               , in the name of                                          and transmit herewith the prescribed fee of £               for renewal. I also transmit a declaration in proof of substantial user of the Trade Mark in Australia since the date of its last registration in respect of the goods for which it is registered.

I have the honour to be,

Sir.

Your obedient Servant,

To the Registrar of Trade Marks,

Commonwealth of Australia.

* For every additional mark of a series after first mark, 5s.

Form O.

Commonwealth of Australia.

No.

The Trade Marks Act 1905-1912.

CERTIFICATE OF RENEWAL.

Trade Mark No.  dated the  day of  19  registered in the name of  in Class No.                             in respect of the following goods:—

Trade Marks Office,

19 

This is to certify that    did on the   day of  19  , pay the renewal fee of £               in respect of the above-mentioned Trade Mark, and that by virtue of such payment the Trade Mark will remain on the Register until the                             day of                                           19

(L.S.)

Registrar of Trade Marks.

Note.—The registration of the above Trade Mark may be renewed for a further period of fourteen years from the  day of  19 , by the payment of a further renewal fee of                             on or before that date.

Form P.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

ADDITIONAL FEE OF ONE POUND FOR RESTORATION OF TRADE MARK TO THE REGISTER.

(Place)

(Date)

Sir,

In pursuance of the notices issued by you, and of the provisions of the above Act, I hereby transmit the additional fee of £1 for the restoration to the Register of the Trade Mark No.                            , in Class                            , in the name of

I have the honour to be,

Sir,

Your obedient Servant,

(Signature)

To the Registrar of Trade Marks,

Commonwealth of Australia.

Form Q.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

REQUEST TO ENTER NAME OF SUBSEQUENT PROPRIETOR OF TRADE MARK UPON THE REGISTER, WITH DECLARATION IN SUPPORT THEREOF.

(Place)

(Date)

You are hereby requested to enter the name of (1)   in the Register of Trade Marks as proprietor of the Trade Mark No.              , in Class               He/They is/are entitled to the said Trade Mark and to the goodwill of the business concerned in the goods with respect to which the said Trade Mark is registered, by virtue of (2)

And in proof whereof I/we transmit the accompanying (3)  with an attested copy thereof.

I/We (4)     do solemnly and sincerely declare that the above several statements are true and the particulars above set out comprise every material fact and document affecting the proprietorship of the said Trade Mark as above claimed.

And I/we make this solemn declaration conscientiously believing it to be true.

Dated this   day of   19 .

(5)

Declared before me at  at  the day of 19              .

(6)

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Here insert (in full) name, address, and occupation of applicant or applicants.

(2) Here insert particulars showing how transferee derives his title, e.g., in case of assignment set out “by virtue of a deed of assignment made between A B of the one part, and                            .”

(3) Here insert the nature of the document.

(4) Here insert the name, address, and occupation of person making the declaration.

(5) To be signed by the person making the declaration, who must be a person entitled to the Trade Mark or his agent.

(6) To be signed by the person before whom the declaration is made.

* For every other mark after the first mark standing in the same name and where devolution of title is identical, 5s.

Form R.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

REQUEST FOR AMENDMENT OR ALTERATION OF THE REGISTER UNDER SECTION 68 OF THE ACT.

In the matter of the Trade Mark, No. , registered in Class

(Place)

(Date)

I/We, (1) being (2)    of the above-mentioned Trade Mark, request that you will amend or alter the Register of Trade Marks in the following manner:—(3)

(4)

Witness.

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Name and address in full.

(2) Set out whether registered proprietor of the trade mark or whether entitled by law to act in his name.

(3) Set out desired amendment or alteration in accordance with one of the sub-sections of section 68 of the Act.

(4) To be signed by the registered proprietor or by some person entitled by law to act in his name.

* (a) For cancellation or part cancellation of entry, £1.

(b) For change of name of proprietor where no alteration in the proprietorship, 10s.

(c) For alteration of address, 10s.

(d) For alteration of address, where same in each case and altered in same way after first mark, 5s.

Form S.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

NOTICE OF ORDER OF COURT FOR ALTERATION OR RECTIFICATION OF REGISTER OF TRADE MARKS, OR FOR ALTERATION IN OR REMOVAL OF REGISTERED TRADE MARK.

In the matter of the Trade Mark No. , registered in Class in the name of

Notice is hereby given that, by an Order of the Court made on the   day of   19 , it was directed that (1)

An office copy of the Order of the Court is enclosed herewith.

Dated this    day of    19 

(Signature) (2)

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Here insert particulars of the terms of the Order.

(2) To be signed by the person in whose favour the Order has been made, or his authorized agent.

Form T.

(To be accompanied by seven copies of Form C, five unaffixed representations of the Trade Mark, and one copy of Form U.)

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

APPLICATION FOR REGISTRATION OF A STANDARDIZATION TRADE MARK.

(Section 22 of the Act.)

You are hereby requested to register the accompanying mark as a Standardization Trade Mark in Class (1)                in respect of (2)                                                         in the name of (3)                                           who claims to be the proprietor thereof (4).

My/Our address for service is (5)

I/We attach hereto Form of Application to the Minister, for permission to register the mark.

Dated this    day of     19

To the Registrar of Trade Marks,   (6)

Commonwealth of Australia.

(1) A separate application form is required for each separate class or sub-class.

(2) Only goods contained in any one class may be set out here.

(3) Here insert legibly the name, address, and description of the applicant. In the case of an individual, add trading style (if any).

(4) In the case of an association, alter to “claim to be the proprietors thereof.”

(5) Insert an address for service within the Commonwealth. Where application is being made through an agent, the address of the agent should be inserted.

(6) In the case of a Commonwealth or State authority, to be signed by the Ministerial head; in the case of an association the application may be signed by the Secretary or other principal Officer of the association, or by an agent, and in the case of a person, the application may be signed by the applicant or by his agent. When signed by an agent, the words “Agent for the applicant” must be written under the signature.

Form U.

(To accompany Form T.)

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

APPLICATION FOR PERMISSION OF THE MINISTER TO REGISTER A STANDARDIZATION TRADE MARK.

I/We, (1) hereby apply for the permission of the Minister to register the above-mentioned mark as a Standardization Trade Mark under the provisions of Section 22 of the Trade Marks Act 1905-1912, in Class (2)                             in respect of (3)               in my/our name, and I/we hereby declare that I/we undertake the examination of the above-mentioned goods in respect of (4) and that I/we certify the result of such examination by the use of the mark shown above upon or in connexion with those goods.

And I/we make this declaration, conscientiously believing it to be true.

(5)

Declared before me at  the  day of    19

(6)

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Here insert legibly the name, address, and description of the applicant. In the case of an individual, add trading style (if any).

(2) A separate application form is required for each separate class or sub-class.

(3) Only goods contained in any one class may be set out here.

(4) Here insert—

(a) In the case of a Commonwealth or State authority, such of the following particulars as apply:—Origin, material, mode or conditions of manufacture, quality, accuracy, or other characteristic; or

(b) In the case of an association or person, such of the following particulars as apply:— Origin, material, mode of manufacture, quality, accuracy, or other characteristic.

(5) In the case of a Commonwealth or State authority, to be signed by the Ministerial head; in the case of an association the application may be signed by the Secretary or other principal Officer of the association, or by an agent adding “Agent for the association”; and in the case of a person, the application may be signed personally by the applicant or by his agent adding “Agent for the applicant”

(6) To be signed by the person before whom the declaration is made.

Form V.

(To be accompanied by Form W.)

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

REQUEST TO TRANSMIT APPLICATION FOR PERMISSION TO ASSIGN A STANDARDIZATION TRADE MARK.

I/We, (1)            the registered proprietor of the above-mentioned Trade Mark, registered as a Standardization Trade Mark, under Section 22 of the Act, hereby request that you will be good enough to forward to the Minister the attached Form W, being an Application for Permission to assign the said mark.

Dated this  day of  19

(2)

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Here insert legibly the full name, address, and description of the individual, firm, or company In the case of an individual, add trading style (if any).

(2) To be signed by the registered proprietor or his agent.

Form W.

(To accompany Form V.)

The Commonwealth of Australia.

The Trade Marks Act 1905-1912.

APPLICATION TO MINISTER FOR PERMISSION TO ASSIGN A STANDARDIZATION TRADE MARK.

I/We, (1)           the registered proprietor of the above-mentioned Trade Mark, registered as a Standardization Trade Mark under Section 22 of the Act, hereby apply for the permission of the Minister to assign it to (2)                                                                                                  and I do hereby declare that (3)

And I make this declaration, conscientiously believing it to be true.

(4)

Declared before me at  the  day of  19 .

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Here insert legibly the full name, address, and description of the individual, firm, or company. In the case of an individual, add trading style (if any).

(2) Here insert full name, address, and description of the intended transferee. Where such transferee is an individual, add trading style (if any).

(3) Here insert circumstances under which assignment is intended to be made

(4) To be signed by the registered proprietor or his agent.

Form X.

The Trade Marks Act, 1905-1912.

APPLICATION TO PERMIT AN APPORTIONMENT OF TRADE MARKS

In the matter of the Registered Trade Marks Nos.

We, being the parties interested, within the meaning of Section 59 of the Trade Marks Act 1905-1912, in certain marks of (1)                                                                                                                              who has ceased to carry on business, request you to permit an apportionment of those marks amongst the persons in fact continuing the business.

With this application we send a case in pursuance of Regulation 80.

(Signed)

(Signed)

Dated this  day of  19

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Here insert name of proprietor of marks.

C.2227. c

Form Y.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

APPLICATION UNDER SECTION 70 (1) TO ADD TO, OR ALTER, A TRADE MARK.

In the matter of the Trade Mark No. , in Class

Application is hereby made on behalf of the registered proprietor of the Trade Mark numbered as above, to alter it in the following particulars, that is to say, (1)

Twelve copies of the mark as it will appear when so altered are filed herewith.

Dated this  day of  19

(Signed)

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Here insert particulars in full.

* For every other mark where the addition or alteration made is the same, 10s

Form Z.

The Trade Marks Act 1905-1912.

APPLICATION TO BE HEARD BY LAW OFFICER.

Application is hereby made to the Law Officer to hear the matter of the Application No.   , under Regulation 48.

(Signature).

Dated this  day of  19

To the Registrar of Trade Marks,

Commonwealth of Australia.

Form AA.

(To accompany Form BB.)

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

APPLICATION FOR AUTHORITY TO APPLY THE COMMONWEALTH TRADE MARK.

(1)        hereby apply for the authority of the Minister to apply the Commonwealth Trade Mark to (2)                                                                      manufactured by (3)               at (4)                             establishment situated at (5)                                          I, the undersigned, do hereby declare that (6)                                                                      entitled to apply for authority so to apply the Commonwealth Trade Mark on the grounds that the goods mentioned are manufactured under conditions as to the remuneration of labour prescribed, required, or provided by (7)

And I/we make this declaration conscientiously believing it to be true.

My/our address for service is

Dated this     day of

(8)

Declared before me at  the        day of  19 .

To the Registrar of Trade Marks,

Commonwealth of Australia

(1) Here insert legibly the full name, address, and description of the individual, firm, or company In the case of an individual, add trading style (if any).

(2) Here insert either “all goods” or “the following goods:—(enumerating the goods),” as the case may be.

(3) Here insert him, them, or it, as the case requires.

(4) Here insert his, theirs, or its, as the case requires.

(5) Here insert address of establishment where goods are made, and mark is intended to be used.

(6) Here insert name of applicant.

(7) Here insert a reference to the industrial award, order, or industrial agreement under which the goods are manufactured, and to the industrial law under which it was made.

(8) To be signed by the applicant or his agent. Where an agent signs on behalf of an applicant the words “Agent for the applicant” must be inserted beneath his signature.

* (a) Where mark to be applied to specific goods in one class, £2.

(b) For each additional class. £1.

Form BB.

(To be accompanied by Form AA.)

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

REQUEST TO TRANSMIT APPLICATION TO THE MINISTER FOR AUTHORITY TO APPLY THE COMMONWEALTH TRADE MARK.

(Place)

(Date)

Sir,

I/We, (1)        do hereby request that you will be good enough to transmit to the Minister the accompanying Application for authority to apply the Commonwealth Trade Mark (2).

I have the honour to be,

Sir,

Your obedient Servant,

(3)

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Here insert (in full) name and address.

(2) Here insert either “generally” or “in connexion with the following goods;—(enumerating the goods.)”

(3) Signature.

Form CC.

Commonwealth of Australia.

The Trade Marks Act 1905-1912.

Section 109.

REQUEST TO SUBSTITUTE A SUCCESSOR IN INTEREST AS PARTY TO A PROCEEDING IN PLACE OF A DECEASED PARTY.

In the matter of

I/We, (1)            do hereby declare that I/we am/are the successor in interest of the aforesaid                                                                                                                                                                         in the matter specified above, by virtue of a (2)

And in proof of the transmission of the interest of deceased to me/us, I/we transmit the accompanying (3)                              with an attested copy thereof.

Dated this      day of      19

(4)

(Witness)

To the Registrar of Trade Marks,

Commonwealth of Australia.

(1) Here insert (in full) name and address.

(2) Here insert particulars of document, giving the date and the parties to the same, and showing how the claim here made is substantiated.

(3) Here insert the nature of the document.

(4) Signature.

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

C.2227.—Price 1s. 3d.