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(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 marks, shall not be effected until the prescribed registration fees have been paid.

Forms.

6. The Forms contained in the Third Schedule may be used in any proceeding or matter under the Act or these Regulations to which they are appropriate, but may be modified, as directed by the Registrar, to meet particular cases.

Hours of business.

7. Except in the case of holidays observed under the Commonwealth Public Service Act 1902, 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 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 trademark, 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, 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 and address 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.

Signature of applications.

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.

Representations 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.

Representations 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 such of the Forms B, B1, or B2, as is applicable to the case, but in the case of applications in form B2, a declaration in the Form D must accompany the application.

a 2

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 application.

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 Marks Office or Sub-office; or in the case of letters delivered at the same time, in the order in which they are opened.

Division 2.—Procedure on Applications.

Acknowledgment of application.

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

Acceptance of application.

26. If, after considering the Examiner’s report, the Registrar is of opinion that the trade mark is in compliance with the Act and no bar to its registration exists, he shall accept the application.

Notice of refusal.

27. If the Registrar is of opinion that the trade mark is not in compliance with the Act or that some bar to its registration exists he shall give notice thereof to the applicant. The notice shall state the grounds of the Registrar’s opinion and shall inform the applicant that he is entitled to be heard personally or by his agent before the Registrar deals with the application.

Notice of application for hearing.

28. Within fourteen days from the receipt of the notice or such further time as is fixed by the notice, the applicant shall notify to 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.

29. 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.

30. 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.

31. 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.

32. For the purposes of the advertisement the applicant may be required to furnish a block or electrotype (or more than one, if necessary) of the trade mark, of such dimensions 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.

33. 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.

34. If no representation of the trade mark is inserted in connection 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.

Division 3.—Opposition.

Notice of opposition.

35. 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 on the ground of trade mark already on the register.

36. 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 like goods or class 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

37. 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-statement 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 are not attached thereto, the party adducing the evidence shall either furnish copies or impressions thereof to the other party, or send the originals to the Trade Marks Office. The originals must, if the Registrar so requires, be produced at the hearing.

Failure by opponent to lodge declarations.

38. 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.

39. 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.

40. 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.

Service of copies.

53. 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.

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

Directions by Law Officer.

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

This is an opening excerpt, not the complete document.