PROVISIONAL REGULATIONS UNDER THE “TRADE MARKS ACT 1905.”
I, THE Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Trade Marks Act 1905, should come into operation on 2nd July, 1906, and make the Regulations to come into operation as Provisional Regulations on that date.
Dated this 29th day of June, One thousand nine hundred and six.
(Signed) NORTHCOTE,
Governor-General.
By His Excellency’s Command.
WILLIAM JOHN LYNE.
————
TRADE MARKS REGULATIONS.
PART I.—PRELIMINARY.
Division i.—General Provisions.
Parts.
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. Appeal to the Court.
Part IV.—Assignments and Transmissions.
Part V.—The Register of Trade Marks.
Division 1. General.
Division 2. Correction of Register by Registrar.
Division 3. Rectification of the Register by the Court.
Part VI.—Standardization Trade Marks.
Part VII.—Workers’ Trade Marks.
Part VIII.—The Commonwealth Trade Mark.
Part IX.—Miscellaneous.
Short title
These Regulations may be cited as the Trade Marks Regulations 1906.
Definitions.
In these Regulations:—
“The Act” means the Trade Marks Act 1905.
‘‘The Official Journal’’ means the Australian Official Journal of Trade Marks.
Classification of goods.
(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.
(1) The Fees to be paid in connexion 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) Fees payable on the lodging of an application for registration shall be paid at the Trade Marks Office or the Sub-office at which the application is lodged. All other fees shall be paid at the Trade Marks Office.
(4) Registration of a trade mark, or series of trade marks, shall not be effected until the prescribed registration fees have been paid.
Forms.
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.
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 4p. m., and on Saturdays from 10 a.m. to noon.
Address for service.
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.
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.
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 agents.
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.
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.
Aplications, 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.
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. The Registrar may in his discretion 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 i.—Applications.
Requisites of application.
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.
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.
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.
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.
Fac-similes required when mark registered in States.
Where an application is for the registration of a trade mark registered in one or more States under any State Trade Marks Act, it must be accompanied by a facsimile of the trade mark as registered in each State, as well as by the additional representations.
Registrar may require fresh representation.
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.
a 2
Form of application.
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 B1 or B2, a declaration in the form D or E, as the case requires, must accompany the application.
Applications when lodged to be indorsed with actual time of lodgment.
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.
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.
On receipt of the application the Registrar shall furnish the applicant with an acknowledgment thereof.
Acceptance of application.
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.
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 may 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.
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.
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.
On the hearing, the Registrar shall hear the applicant, and shall consider the application, and shall decide whether to accept it with or without modfications or conditions, or to refuse it.
Advertisement of application.
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.
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.
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.
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 refer in the advertisement to the place where a specimen or representation of the trade mark is deposited for exhibition.
Division 3.—Opposition.
Notice of opposition.
A notice of opposition to the registration of a trade mark may be in accordance with Form G, and shall be signed by or on behalf of the opponent.
Opposition on the ground of trade mark already on the register.
Where a ground or opposition to the registration or 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
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.
If the opponent fails to leave, within the time allowed, declarations in support of his opposition, the opposition shall be deemed to have been abandoned.
Failure by applicant to lodge declarations.
If the applicant fails to lodge, within the time allowed, 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.
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.
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, and any party who has not given that notice shall not be entitled to be heard. If neither party appears the Registrar shall decide the case in his absence.
Hearing fee.
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.
On the hearing or 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.
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.
The notice under section 55 of the Act shall be sent by the Registrar 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 M.
Second notice.
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 N, 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 for renewal of registration.
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 O, 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.
If the application for renewal is granted, the Registrar shall issue to the applicant a certificate of renewal in accordance with Form P.
Appeal.
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 for restoration.
An application for the restoration of the trade mark to the Register under section 56 may be in accordance with Form Q, 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.
Where a trade mark has been removed from the register for nonpayment 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 i.—Appeal to the Law Officer.
Notice of appeal.
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 setting out the grounds of appeal to the Law Officer, to the Registrar and to the opposite party.
Service of copies.
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.
The Registrar shall forward to the Law Officer all documents and evidence used before him, with such observations as he sees, fit to make on the case.
Directions by Law Officer.
The Law Officer may give such directions (if any) as he thinks fit with respect to the hearing of the appeal.
Hearing of appeal.
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.
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.—Appeal to the Court.
Notice of appeal.
When any person intends to appeal to the Court from a decision of the Registrar, or the Law Officer, he shall, within one month from the date of the decision appealed against, send notice of appeal in writing setting out the grounds of appeal to the Registrar and to the opposite party and file a copy of the notice in the Court.
Service of copies.
If the appellant or respondent files any affidavit or document in the Court, he shall serve a copy thereof on the Registrar, and on the opposite party.
Transmission of documents.
The Registrar shall forward to the proper officer of the Court all documents and evidence used on the hearing before him.
Procedure in Court.
The procedure in the Court in relation to the appeal shall be as directed by Rules of Court or as the Court of Justice or Judge thereof in each case directs.
Dismissal for want of prosecution.
If the appellant fails to prosecute the appeal with due diligence the Court or a Justice or Judge thereof may order it to be dismissed.
PART IV.—ASSIGNMENTS AND TRANSMISSIONS.
Request by subsequent proprietor.
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.
The request may be in accordance with Form R, 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
The claimant shall furnish to the Registrar such other proof of title and of the existence and ownesrship of the goodwill as he requires.
PART V.—THE REGISTER OF TRADE MARKS.
Division i.—General.
Time of registration of trade marks.
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.
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.
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.
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 Register by Registrar.
Correction of register.
A request for the alteration of the register in pursuance of section 68 of the Act may be in accordance with Form S, and shall be lodged at the Trade Marks Office, accompanied by the prescribed fee.
Division 3.—Rectification of the Register by the Court.
Notice of applications to Registrar.
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.
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.
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.
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.
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 U, and shall be lodged at the Trade Marks Office, accompanied by an application in accordance with Form V., for the permission of the Minister to register the mark as a standardization trade mark, and by twelve copies of Form C.
Procedure on application.
The Registrar shall forthwith refer the application to an examiner, and upon receipt of his report thereon, shall refer the application, together with the report, to the Minister, accompanied by a recommendation thereon.
Action by Minister on receiving application for permission to register.
If, after consideration of the facts, the Minister permits the registration of the mark as a trade mark, it shall be registered accordingly, and the Registrar shall, in accordance with section 61 of the Act, enter in the register particulars relating to the mark, and the words “standardization trade mark,” to distinguish the mark from other trade marks.
Papers to be returned to Registrar.
The papers shall be returned to the Registrar for action in accordance with the Minister’s decision.
Applications for Minister’s permission to assign.
In the event of a proprietor of a registered standardization trade mark being desirous of assigning it to another authority, association, or person, he may make application for the permission of the Minister to make the assignment.
Form of application for permission.
The application for such permission may be in accordance with Form X, and shall be lodged at the Trade Marks Office, accompanied by the prescribed fee, and by a request in accordance with Form W.
Action by Registrar on receipt of application.
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.
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 decision favourable, assignment may be lodged for registration.
If the Minister permits the assignment, 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 the assignment, and an attested copy of it, and his name may be entered accordingly.
PART VII.—WORKERS’ TRADE MARKS.
Application for Workers’ Trade Mark.
An application under Part VII., of the Act for the registration of a Workers’ Trade Mark may be in accordance with Form Y or Z, as the case requires.
Application to be referred to Examiner for report.
The application shall forthwith be referred by the Registrar to an examiner, who shall ascertain and report whether the trade mark sought to be registered is substantially identical with any registered trade mark, or so nearly resembles it as to be likely to deceive, and whether the trade mark is intended to be applied to any primary products of the agricultural, viticultural (including wine-making), horticultural, dairying (including butter-making and cheese-making) or pastoral industries.
Advertisement of application.
(1) Every application for the registration of a worker’s trade mark shall be advertised in the official journal.
Opposition.
(2) The proprietor of a registered trade mark may, at any time within three months after the advertisement, lodge with the Registrar a notice of opposition to the registration of the worker’s trade mark mentioned in the application, on the ground that it is substantially identical with the registered trade mark of the opponent, or so nearly resembles the latter’s trade mark as to be likely to deceive.
Decision on opposition.
(3) The Registrar shall, after such notice to the applicant and opponent as he thinks fit, decide whether the application is to be refused or is to be granted either with or without any modifications or conditions.
Appeal.
(4) An appeal shall lie to the Court within the time and in the manner prescribed by Division (2) of Part III. of these Regulations against any decision of the Registrar under this Regulation.
Register of Workers’ Trade Marks.
A register of Workers’ Trade Marks shall be kept in the Trade Marks Office.
Entries to be made in register.
(1) As soon as may be after an applicant has become entitled to registration, the Registrar shall enter in the Register of Workers’ Trade Marks:—
(a) Particulars of the Workers’ Trade Mark.
(b) The name, address, and description of the registered proprietor of the Workers’ Trade Mark.
(c) Particulars of the articles with respect to which the Workers’ Trade Mark is intended to be used, and.
(d) Such other particulars as the case requires.
“(2) A notification of the registration shall be advertised in the official journal.”
Certificate of registration.
Forthwith after the registration of a Workers’ Trade Mark, the Registrar shall send to the applicant at his address a certificate of the registration of the trade mark.
Notice of expiration to be given by registrar.
At a time being not less than three months nor more than six months before the expiration of fourteen years from the date of the last registration of a Workers’ Trade Mark, the Registrar shall send written notice to the registered proprietor or his agent of the date at which the existing registration will expire, and the conditions as to payment of fees and otherwise upon which the renewal of the registration may be obtained.
Second notice of expiration to be sent in certain cases.
If at the expiry of two months from the date of the notice no application has been made for renewal, the Registrar shall send a second notice of a similar kind to the registered proprietor, and in case no application for renewal is made before the expiry of the period of the last registration, the Registrar may remove the Workers’ Trade Mark from the register.
Certificate of payment.
Upon payment of the fee for renewal, the Registrar shall give to the association or worker paying the fee a certificate that it has been paid.
Removal of worker’s trade mark from Register.
The Registrar may remove a worker’s trade mark from the Register of Workers’ Trade Marks and cancel the Certificate of Registration thereof in the following cases:—
(a) on the application of the registered proprietor of the worker’s trade mark; or
(b) on the application of the registered proprietor of a trade mark and on proof, to the satisfaction of the Registrar, that the worker’s trade mark sought to be removed from the Register is substantially identical with the trade mark of the applicant or with another trade mark which has priority of registration;
Provided that no worker’s trade mark shall be removed from the Register unless the registered proprietor thereof has been given an opportunity of being heard.
(2) An appeal shall lie to the Court within the time and in the manner prescribed by Division (2) of Part III. of these Regulations against any decision of the Registrar under this Regulation.
(3) A notification of the removal of a worker’s trade mark from the Register shall be published in the official journal.
PART VIII.—THE COMMONWEALTH TRADE MARK.
Register of the Commonwealth Trade Mark.
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.
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.
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.
The Registrar shall, after recording the application, transmit it to the Minister for decision.
Registrar to take action in accordance with Minister’s decision.
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.
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.
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.
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 IX.—MISCELLANEOUS.
Inspection of certain applications and Registers.
All applications for the registration of workers’ trade marks and the Register of Workers’ 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 70.
Evidence.
Except where the Registrar otherwise directs, evidence to be used before him shall be given by declaration.
Dispensing with evidence.
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.
(1) Declarations for the purposes of the Act and these regulations may be taken or made before any of the following persons:—
Declarations.
(a) In Australia—the Registrar, a Deputy Registrar, a Notary Public, a Justice of the Peace, a Commissioner for Affidavits, 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 Consul 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.
Before exercising any discretionary power given to the Registrar by the Act adversely to the applicant for registration of a trade mark, the Registrar shall (if so required by the applicant within one month from the date of the Registrar’s objection) give the applicant an opportunity of being heard personally or by his agent by sending the applicant at least ten days’ notice of a time when he may be so heard.
Notice of wish to be heard before Registrar.
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 shall notify to the Registrar whether or not he intends to be heard upon the matter.
Notification of decision.
The decision of the Registrar shall be notified to the applicant.
Notice by applicant.
If the applicant fails to notify the Registrar within the time allowed that he desires to be heard in the matter, the application shall be deemed to be abandoned.
Certificate by Registrar.
The Registrar, when required for the purpose of any legal proceeding or other special purpose to give a certificate as to any entry matter or thing which he is authorized by the Act or these Regulations to make or do, may, on receipt of a request in writing and on payment of the prescribed fee, give that certificate, and shall specify on the face of it the legal proceeding or other purpose for which the certificate is granted.
Advertisements.
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.
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.
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, 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.
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.
Illustrations.
Note.—Goods are mentioned in this column by way of illustration, and not as an exhaustive list of the contents of a class.
Class 1.
Chemical substances used in manufactures, photography, or philosophical research, and anti-corrosives.
Such as—Acids, including vegetable acids.Alkalies.Artists’ colours.Pigments.Mineral dyes.
Class 2.
Chemical substances used for agricultural, horticultural, veterinary, and sanitary purposes.
Such as—Artificial manure.Cattle medicines.Deodorizers.Vermin destroyers.
Class 3.
Chemical substances prepared for use in medicine and pharmacy.
Such as—Cod liver oil.Medicated articles.Patent medicines.Plasters.Rhubarb.
Class 4.
Raw or partly prepared vegetable, animal, and mineral substances used in manufactures, not included in other classes.
Such as—Resins.Oils used in manufactures and not included in other classes.Dyes, other than mineral.Tanning substances.Fibrous substances (e.g., cotton, hemp, flax, jute).Wool.Silk.Bristles.Hair.Feathers.Cork.Seeds.Coal.Coke.Bone.Sponge.
Classification of Goods—continued.
<table cellspacing="0" cellpadding="0" style="width:100%; margin-bottom:0pt; border-collapse:collapse"><tbody><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-variant:small-caps">Class 5.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:38.1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:7.2pt; margin-bottom:0pt; text-indent:-7.2pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Unwrought and partly wrought metals used in manufacture.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:18pt; margin-bottom:0pt; text-indent:-14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Such as—</span></p><p style="margin-left:15.1pt; margin-bottom:0pt; text-indent:-0.7pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Iron and steel, pig or cast.</span></p><p style="margin-left:15.1pt; margin-bottom:0pt; text-indent:-0.7pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Iron, rough.</span></p></td></tr><tr style="height:9.9pt"><td rowspan="8" style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:7.2pt; margin-bottom:0pt; text-indent:-7.2pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:8.16%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-right:7.2pt; margin-left:0.7pt; margin-bottom:0pt; text-indent:-0.7pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">„</span></p></td><td style="width:40.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:3pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">bar and rail, including rails for railways.</span></p></td></tr><tr style="height:8.05pt"><td style="width:8.16%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-right:7.2pt; margin-left:0.7pt; margin-bottom:0pt; text-indent:-0.7pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">„</span></p></td><td style="width:40.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">bolt and rod.</span></p></td></tr><tr style="height:12.55pt"><td style="width:8.16%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-right:7.2pt; margin-left:0.7pt; margin-bottom:0pt; text-indent:-0.7pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">„</span></p></td><td style="width:40.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">sheet, and boiler and armour plate.</span></p></td></tr><tr style="height:11.65pt"><td style="width:8.16%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-right:7.2pt; margin-left:0.7pt; margin-bottom:0pt; text-indent:-0.7pt; text-align:right; line-height:normal"><span style="font-family:'Times New Roman', serif">„</span></p></td><td style="width:40.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">hoop.</span></p></td></tr><tr style="height:9.9pt"><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:17.15pt; line-height:normal"><span style="font-family:'Times New Roman', serif">Lead, pig.</span></p></td></tr><tr style="height:10.8pt"><td style="width:8.16%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:15.1pt; margin-bottom:0pt; text-indent:-0.7pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">„</span></p></td><td style="width:40.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">rolled.</span></p></td></tr><tr style="height:10.1pt"><td style="width:8.16%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:15.1pt; margin-bottom:0pt; text-indent:-0.7pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">„</span></p></td><td style="width:40.28%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">sheet.</span></p></td></tr><tr style="height:49.2pt"><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:17.15pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Wire.</span></p><p style="margin-left:17.15pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Copper.</span></p><p style="margin-left:17.15pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Zinc.</span></p><p style="margin-left:17.15pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Gold, in ingots.</span></p></td></tr><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-variant:small-caps">Class 6.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:3.65pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:7.2pt; margin-bottom:0pt; text-indent:-7.2pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Machinery of all kinds, and parts of machinery, except agricultural and horticultural machines included in Class </span><span style="font-family:'Times New Roman', serif; font-variant:small-caps">7.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:3.65pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Such as—</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Steam-engines.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Boilers.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Pneumatic machines.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Hydraulic machines.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Locomotives.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Sewing machines.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Weighing machines.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Machine tools.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Mining machinery.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Fire-engines.</span></p></td></tr><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-variant:small-caps">Class 7.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:3.65pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:7.2pt; margin-bottom:0pt; text-indent:-7.2pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Agricultural and horticultural machinery, and parts of such machinery.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:3.65pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Such as—</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Ploughs.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Drilling machines.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Reaping machines.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Threshing machines.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Churns.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Cider presses.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Chaffcutters.</span></p></td></tr><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-variant:small-caps">Class 8.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:3.65pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:7.2pt; margin-bottom:0pt; text-indent:-7.2pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Philosophical instruments, scientific instruments, and apparatus for useful purposes. Instruments and apparatus for teaching.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:0.05pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Such as—</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Mathematical instruments.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Gauges.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Logs.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Spectacles.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Educational appliances.</span></p></td></tr><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-variant:small-caps">Class 9.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:3.65pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Musical instruments.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:3.65pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-variant:small-caps">Class 10.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:3.65pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Horological instruments.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:3.65pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-variant:small-caps">Class 11.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:3.65pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:7.2pt; margin-bottom:0pt; text-indent:-7.2pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Instruments, apparatus, and contrivances, not medicated, for surgical or curative purposes, or in relation to the health of men or animals.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:3.65pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Such as—</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Bandages.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Friction gloves.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Lancets.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Fleams.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Enemas.</span></p></td></tr><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-variant:small-caps">Class 12.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:3.65pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:51.56%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Cutlery and edge tools.</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-left:3.65pt; margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Such as—</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Knives.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Forks.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Scissors.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Shears.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Files.</span></p><p style="margin-left:3.6pt; margin-bottom:0pt; text-indent:14.4pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Saws.</span></p></td></tr></tbody></table>
Classification of Goods—continued.
Class 13.
Metal goods not included in other classes.
Such as—Anvils.Keys.Basins (metal).Needles.Hoes.Shovels.Corkscrews.
Class 14.
Goods of precious metals (including aluminium, nickel, Britannia metal, &c.) and jewellery, and imitiations of such goods and jewellery.
Such as—Plate.Clock cases and pencil cases of such metals.Sheffield and other plated goods.Gilt and ormolu work.
Class 15.
Glass.
Such as—Window and plate glass.Painted glass.Glass mosaic.Glass beads.
Class 16.
Porcelain and earthenware.
Such as—China.Stoneware.Terra cotta.Statuary porcelain.Tiles.Bricks.
Class 17.
Manufactures from mineral and other substances for building or decoration.
Such as—Cement.Plaster.Imitation marble.Asphalt.
Class 18.
Engineering, architectural, and building contrivances.
Such as—Diving apparatus.Warming apparatus.Ventilating apparatus.Filtering apparatus.Lighting contrivances.Drainage contrivances.Electric and pneumatic bells.
Class 19.
Arms, ammunition, and stores not included in Class 20.
Such as—Cannons.Small-arms.Fowling-pieces.Swords.Shot and other projectiles.Camp equipage.Equipments.
Class 20.
Explosive substances.
Such as—Gunpowder.Guncotton.Dynamite.Fog-signals.Percussion caps.Fireworks.Cartridges.
Classification of Goods—continued.
Class 21.
Naval architectural contrivances and naval equipments not included in Classes 19 and 20.
Such as—Boats.Anchors.Chain cables.Rigging.
Class 22.
Carriages.
Such as—Railway carriages.Waggons.Railway trucks.Bicycles.Bath chairs.
Class 23.
(a) Sewing cotton.
(b) Cotton yarn.
Class 24.
Cotton piece goods of all kinds.
Such as—Cotton shirtingsLong-cloth.
Class 25.
Cotton goods not included in Classes 23, 24, or 38.
Such as—Cotton lace.Cotton braids.Cotton tapes.
Class 26.
Linen and hemp yarn and thread.
Class 27.
Linen and hemp piece goods.
Class 28.
Linen and hemp goods, not included in Classes 26, 27, and 50.
Class 29.
Jute yarns and tissues, and other articles made of jute, not included in Class 50.
Class 30.
Silk—spun, thrown, or sewing.
Class 31.
Silk piece goods.
Class 32.
Other silk goods not included in Classes 30 and 31.
Class 33.
Yarns of wool, worsted, or hair.
Class 34.
Cloths and stuffs of wool, worsted, or hair.
Class 35.
Woollen and worsted and hair goods, not included in Classes 33 and 34.
Classification of Goods—continued.
Class 36.
Carpets, floor-cloth, and oil-cloth.
Such as—Drugget.Mats and matting.Rugs.
Class 37.
Leather, skins unwrought and wrought, and articles made of leather, not included in other classes.
Such as—Saddlery.Harness.Whips.Portmanteaus.Furs.
Class 38.
Articles of clothing.
Such as—Hats of all kinds.Caps and bonnets.Hosiery.Gloves.Boots and shoes.Other ready-made clothing.
Class 39.
Paper (except paperhangings), stationery, and book-binding.
Such as—Envelopes.Sealing wax.Pens (except gold pens).InkPlaying cards.Blotting cases.Copying presses.
Class 40.
Goods manufactured from india-rubber and gutta-percha, not included in other classes.
Class 41.
Furniture and upholstery.
Such as—Paperhangings.Papier-maché.Mirrors.Mattresses.
Class 42.
Substances used as food, or as ingredients in food.
Such as—Cereals.Pulses.Olive oil.Hops.Malt.Dried fruitTea.Sago.Salt.Sugar.Preserved meats.Confectionery.Oil cakes.Pickles.Vinegar.Beer clarifiers.
Classification of Goods—continued.
Class 43.
Fermented liquors and spirits.
Such as—Beer.Cider.Wine.Whisky.Liqueurs.
Class 44.
Mineral and aerated waters, natural and artificial, including ginger beer.
Class 45.
Tobacco, whether manufactured or unmanufactured.
Class 46.
Seeds for agricultural and horticultural purposes.
Class 47.
Candles, common soap, detergents; illuminating, heating, or lubricating oils; matches; and starch, blue, and other preparations for laundry purposes.
Such as—Washing powders.Benzine collas.
Class 48.
Perfumery, including toilet articles, preparations for the teeth and hair, and perfumed soap.
Class 49.
Games of all kinds and sporting articles, not included in other classes.
Such as—Billiard tables.Roller skates.Fishing nets and lines.Toys.
Class 50.
Miscellaneous, comprising the following sub-classes.Sub-class 1. Goods manufactured from ivory, bone, or wood, not included in other classes or sub-classes.Sub-class 2. Goods manufactured from other straw or grass, not included in other classes or sub-classes.Sub-class 3. Goods manufactured from animal or vegetable substances, not included in other classes or sub-classes.Sub-class 4. Tobacco pipes.Sub-class 5. Umbrellas, walking-sticks, brushes, and combs.Sub-class 6. Furniture cream, plate-powder.Sub-class 7. Tarpaulins, tents, rickcloths, rope, twine.Sub-class 8. Buttons of all kinds, other than of precious metal or imitations thereof.Sub-class 9. Packing and hose of all kinds.Sub-class 10. Goods not included in other classes or sub-classes.
Such as—Coopers’ wares.
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.
£
s.
d.
1. On application to register a trade mark or a standardization trade mark..........
1
0
0
2. On application to register a series of marks............................
1
0
0
3. On application by a worker to register a Workers’ Trade Mark under Part VII. of the Act
1
0
0
4. On application by an association to register a Workers’ Trade Mark under Part VII. of the Act
2
0
0
5. On application to the Minister for authority to use the Commonwealth Trade Mark generally
5
0
0
6. On application to the Minister for authority to use the Commonwealth Trade Mark in respect of specific goods—
For goods comprised in one class...............................
2
0
0
For goods comprised in each additional class.......................
1
0
0
7. For registration of a trade mark or a standardization trade mark...............
2
0
0
8. For registration of a series of marks—
For the first mark..........................................
2
0
0
And for every other mark of the series............................
0
10
0
9. For registration of a Workers’ Trade Mark by a worker, under Part VII. of the Act...
2
0
0
10. For registration of a Workers’ Trade Mark by an association, under Part VII. of the Act
3
0
0
11. On appeal from Registrar to Law Officer in respect of each decision appealed against—by appellant
2
0
0
12. On filing notice of opposition, for each application opposed—by opponent.......
2
0
0
13. On application to lodge further evidence in opposition cases—by person making application
1
0
0
14. On the hearing of each opposition—by opponent........................
1
0
0
15. On application to register a subsequent proprietor in cases of assignment or transmission of a single mark
1
0
0
16. On application to register a subsequent proprietor of more than one mark standing in the same name, the devolution of title being identical in each case—
For the first mark..........................................
1
0
0
And for every other mark....................................
0
5
0
17. On application to the Minister for permission to assign a trade mark registered under section 22 of the Act
1
0
0
18. On application to change the name of a proprietor of a mark or series of marks where there has been no alteration in the proprietorship— for every mark
0
10
0
19. On application for renewal of registration of a trade mark or standardization trade mark at the expiration of every fourteen years
2
0
0
20. On application for renewal of registration of a series of trade marks at the expiration of every fourteen years—
For the first mark of the series.................................
2
0
0
And for every other mark of the series............................
0
5
0
21. Additional fee where fee is paid within three months after expiration of fourteen years
1
0
0
22. On application for renewal of registration of a Workers’ Trade Mark in the name of a worker at the expiration of every fourteen years
2
0
0
23. On application for renewal of registration of a Workers’ Trade Mark in the name of an association at the expiration of every fourteen years
3
0
0
£
s.
d.
24. For altering an address on the Register—for every mark..................
0
10
0
25. For altering the address on the Register of the proprietor of more than one mark where the address in each case is the same, and is altered in the same way—
For the first mark........................................
0
10
0
And for every other mark...................................
0
5
0
26. Upon each entry in the Register of the Association of Marks under Regulation 68.
0
1
0
27. For every entry in the Register of a rectification thereof or an alteration therein, not otherwise charged
2
0
0
28. On request to Registrar to cancel the entry or part of the entry of a trade mark upon the Register, on the application of the owner of such trade mark
1
0
0
29. On request to the Registrar to correct a clerical error in any document filed in connexion with any trade mark
0
5
0
30. On request to amend any document under Regulation 114................
1
0
0
31. For copy of a Certificate of Registration of a trade mark..................
1
0
0
32. For certificate of a refusal to register a trade mark......................
1
0
0
33. For inspecting the Register—for every hour or part thereof................
0
1
0
34. For making a search amongst the classified representations of trade marks—for every hour or part thereof
0
1
0
35. For making a search in the name or other index—for every hour or part thereof..
0
1
0
36. For search or inspection of each application..........................
0
1
0
37. For office copies of documents—for every 100 words (but never less than One shilling)
0
0
6
38. For certifying office copies, MS. or printed..........................
0
10
0
39. In cases where the wood block or electrotype of the trade mark exceeds 2 inches in breadth or depth, or in breadth and depth—
For every inch or part of an inch over 2 inches in breadth..............
0
2
0
For every inch or part of an inch over 2 inches in depth...............
0
2
0
THE THIRD SCHEDULE.
Form A.
Image unavailable in extracted textCommonwealth of Australia.
The Trade Marks Act 1905.
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 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 twelve copies of Form C.)
Image unavailable in extracted textCommonwealth of Australia.
The Trade Marks Act 1905.
APPLICATION FOR REGISTRATION OF TRADE MARK.
Image unavailable in extracted text
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).
The essential particulars of the Trade Mark are the following :—(5)
and I/we disclaim any right to the exclusive use of the added matter.
My/Our address for service is (6)
Dated this day of 19 .
(7)
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 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) Set out essential particulars in accordance with section 16 of the Act.
(6). Insert an address for service within the Commonwealth.
(7) 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 twelve copies of Form C, and one copy of Form D.)
Image unavailable in extracted textCommonwealth of Australia.
The Trade Marks Act 1905.
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.)
Image unavailable in extracted textYou 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).
The essential particulars of the Trade Mark are the following :—(5)
and I/we disclaim any right to the exclusive use of the added matter.
My/Our address for service is (6)
Dated this day of 19 .
(7)
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) Where possible set out essential particulars in accordance with the Act.
(6) Insert an address for service within the Commonwealth. Where application is being made through an agent, the address of the agent should be inserted.
(7) 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, 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.
Form B2.
(To be accompanied by twelve copies of Form C, and one copy of Form E.)
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
APPLICATION FOR REGISTRATION OF TRADE MARK UNDER SECTION 9 OF THE ACT.
Image unavailable in extracted text(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).
The essential particulars of the Trade Mark are the following :—(5)
and I/we disclaim any right to the exclusive use of the added matter.
My/Our address for service is (6)
Dated this day of 19 .
(7)
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) Where possible, set out essential particulars in accordance with the Act.
(6) Insert an address for service within the Commonwealth. Where application is made through an agent, the address of the agent should be inserted.
(7) 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 C.
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
ADDITIONAL REPRESENTATION OF TRADE MARK TO ACCOMPANY APPLICATION FOR REGISTRATION.
Name of Applicant (1)
Number of application (2)
Date of application (2)
Class No.
Image unavailable in extracted textGoods in respect of which registration applied for
Note.—Twelve of these Additional Representations of the Trade Mark must accompany each Form of Application.
The essential particulars of the above Trade Mark are the following :—(3)
and I/we disclaim any right to the exclusive use of the added matter.
Dated this day of 19 .
(4)
(1) Name in full.
(2) The number and date will be inserted by the Office.
(3) Here insert essential particulars as shown on application form.
(4) 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 Bl.)
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
DECLARATION TO ACCOMPANY APPLICATION UNDER SECTION 8.
Image unavailable in extracted textI,/we (1) do hereby declare that (2) is/are the registered proprietor of the Trade Mark, of which the above is a representation, in the following States (3):—
and I/we further declare that (4)
And I/we make this declaration conscientiously believing it to be true.
(5)
Declared before me, at the
day of 19 .
(6)
(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 set out the States in which the trade mark is registered, and enumerate particulars of each registration, giving the following particulars :—(a) Name of State; (b) Number of registration; (c) Number of Class in which registered; (d) Goods in respect of which registered; and (e) Date of registration, stating whether such registrations are still in force.
(4) Here state whether the registration of the trade mark was refused in any State or States, and if so upon what grounds.
(5) To be signed by the declarant or declarants.
(6) To be signed by the person before whom declaration is made.
Form E.
(To accompany Form B2.)
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
DECLARATION TO ACCOMPANY APPLICATION UNDER SECTION 9.
Image unavailable in extracted textI/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 at the commencement of the Trade Marks Act 1905, in the following States (3):—
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 State at the commencement of this Act :—(4)
And I/we make this declaration conscientiously believing it to be true.
(5)
Declared before me at the day of 19 .
(6)
(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 enumerate States in which the Trade Mark was in use by the applicant at the commencement of this Act.
(4) 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.
(5) To be signed by the declarant or declarants.
(6) To be signed by the person before whom the declaration is made.
Form F.
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
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 G.
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
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 H.
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
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 i.
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
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.
Form J.
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
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 K.
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
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.
C.12047.
b
Form L.
Commonwealth of Australia.
C1906L00049.jpg
The Trade Marks Act 1905.
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.
Image unavailable in extracted text
Given under my hand and the seal of the Trade Marks Office this day of 19 .
Registrar of Trade Marks.
Note.—The registration of the above Trade Mark may be renewed for a further period of fourteen years on application of the proprietor and on payment of a fee of £2 on or before the day of 19 .
Form M.
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
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, 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.
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 N.
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
Trade Marks Office,
19
SECOND NOTICE OF EXPIRY OF REGISTRATION OF A TRADE MARK AND CONDITIONS FOR RENEWAL OF REGISTRATION.
Sir,
[To follow Form M, 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 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 O.
Commonwealth, of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
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.
C.12047.
Form P.
Commonwealth of Australia.
No
Image unavailable in extracted textThe Trade Marks Act 1905.
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 Q.
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
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.
c 2
Form R.
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
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.
Form S.
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
APPLICATION 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 the registered proprietor of the above-mentioned Trade Mark, request that you will amend or after the Register of Trade Marks in the following manner:—(2)
(3)
Witness.
(1) Name and address in full.
(2) Set out desired amendment or alteration in accordance with one of the sub-sections of section 68 of the Act.
(3) To be signed by the registered proprietor or his agent.
Form T.
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
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 U.
(To be accompanied by twelve copies of Form C, and one copy of Form V.)
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
APPLICATION FOR REGISTRATION OF A STANDARDIZATION TRADE MARK.
(Section 22 of the Act.)
Image unavailable in extracted text
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).
The essential particulars of the Trade Mark are the following :—(5)
and I/we disclaim any right to the exclusive use of the added matter.
My/Our address for service is (6)
I/We attach hereto Form of Application to the Minister for Trade and Customs, for permission to register the mark.
Dated this day of 19 .
To the Registrar of Trade Marks, (7)
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) Set out essential particulars in accordance with Section 16 of the Act.
(6) Insert an address for service within the Commonwealth. Where application is being made through an agent, the address of the agent should be inserted.
(7) 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 V.
(To accompany Form U.)
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
APPLICATION FOR PERMISSION OF THE MINISTER TO REGISTER A STANDARDIZATION TRADE MARK.
Image unavailable in extracted text
I/We, (1)
hereby apply for the permission of the Minister for Trade and Customs to register the above-mentioned mark as a Standardization Trade Mark under the provisions of Section 22 of the Trade Marks Act 1905, 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 .
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, 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”
Form W.
(To be accompanied by Form X.)
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
Image unavailable in extracted textREQUEST 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 for Trade and Customs the attached Form X, being an Application for Permission to assign the said mark.
Dated this day of 19 .
(3)
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) To be signed by the registered proprietor or his agent.
Form x.
(To accompany Form W.)
The Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
Image unavailable in extracted textAPPLICATION 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 for Trade and Customs 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 Y.
(To be accompanied by twelve copies of Form C.)
Image unavailable in extracted textCommonwealth of Australia.
The Trade Marks Act 1905.
APPLICATION FOR REGISTRATION OF A WORKERS’ TRADE MARK.
(By an Australian Worker.)
Image unavailable in extracted text
You are hereby requested to register the accompanying Workers’ Trade Mark in respect of the following article (1)
in the name of (2)
who claims to be the proprietor thereof.
My address for service is (3)
Dated this day of 19 .
(4)
To the Registrar of Trade Marks,
Commonwealth of Australia.
(1) Here enumerate articles with respect to which the Trade Mark is intended to be used.
(2) Here insert legibly the full name, address, and description of worker.
(3) Insert an address for service within the Commonwealth. Where application is being made through an agent, the address of the agent should be inserted.
(4) To be signed by the applicant or his agent, adding “Agent for the applicant.”
Form Z.
(To be accompanied by twelve copies of Form C.)
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
APPLICATION FOR REGISTRATION OF A WORKER’S TRADE MARK.
(By an Association of Australian Workers, corporate or unincorporate.)
Image unavailable in extracted textYou are hereby requested to register the accompanying Worker’s Trade Mark in respect of the following articles (1) in the name of (2) which claims to be the proprietor thereof (3)
The address of the Association for service is (4)
Dated this day of 19 .
(5)
To the Registrar of Trade Marks,
Commonwealth of Australia.
(1) Here enumerate articles with respect to which the Trade Mark is intended to be used.
(2) Here insert legibly the name and address of the Association or Associations.
(3) Where more than one Association applies, alter to “claim to be the proprietors thereof.”
(4) Insert an address for service within the Commonwealth. Where application is being made through an agent, the address of the agent should be inserted.
(5) To be signed by the Secretary or other principal Officer of the Association (or, where there is more than one Association applying, by the Secretary or other principal Officer of each Association), adding “For the Association,” or by an agent, adding “Agent for the Association.”
Form AA.
(To accompany Form BB.)
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
APPLICATION FOR AUTHORITY TO APPLY THE COMMONWEALTH TRADE MARK.
(1) hereby apply for the authority of the Minister for Trade and Customs 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 to so apply the Commonwealth Trade Mark or 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 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.
Form BB.
(To be accompanied by Form AA.)
Commonwealth of Australia.
Image unavailable in extracted textThe Trade Marks Act 1905.
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)
(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.
Image unavailable in extracted textThe Trade Marks Act 1905.
Section 109.
REQUEST TO SUBSTITUTE A SUCCESSOR AS PARTY TO A PROCEEDING IN PLACE OF A DECEASED PARTY.
In the matter of
I/We, (1) do hereby declare that I am/we 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.
By Authority: J. Kemp, Acting Government Printer, Melbourne.