H.—27.

4

after the expiration of the prescribed period of advertisement, may, on being satisfied of the applicant's death, enter on the register, in place of the name of such deceased applicant, the name, address, and description of the person owning the goodwill of the business, if such ownership be proved to the satisfaction of tho Registrar. Entries to be mado in register. IG. Upon registering any trade-mark tho Registrar shall enter in tho register the date on which tho application for registration was received by the Registrar (which day shall be deemed to bo the date of tho registration) and such other particulars as he may think necessary. Notice of registration. 17. The Registrar shall send notico to tho applicant of tho registration of his trade-mark, together with a reference to the advertisement of such trade-mark in the Gazette. Bequest by subsequent proprietor. 18. Where a person becomes entitled to a registered trademark by assignment, transmission, or other operation of law, a request for the entry of his name in the register as proprietor of the trade-mark shall be addressed to the Registrar, and left at the Patent Office. Bignatnre of request. 19. Such request shall, in tho case of an individual, be made and signed by the person requiring to be registered as proprietor, and in the case of a firm or partnership by some one or more members of such firm or partnership, or in either caso by his or their agent respectively duly authorised to the satisfaction of tho Registrar, and in the case of a body corporate by their agent, authorised in like manner. Contents of request. 20. Every such request shall state tho name, address, and description of tho person claiming to be entitled to tho trademark (hereinafter called " the claimant"), and the particulars of tho assignment, transmission, or other operation of law by virtue of which he requires to be entered in the register as proprietor, so as to show tho manner in which, and the person or persons to whom, the trade-mark has been assigned or transmitted, and so as to show further that it has been so assigned or transmitted in connection with the goodwill of tho business concerned in the particular goods or classes of goods for which the trade-mark has been registered. Declaration to accompany request. 21. Every such request shall be accompanied by a statutory declaration to be thereunder written, verifying the several statements therein, and declaring that the particulars above described comprise every material fact and document affecting the proprietorship of the trade-mark as claimed by such request. Further proof of title if required. 22. The claimant shall furnish to tho Registrar such other proof of titlo and of tho existence and ownership of such goodwill as aforesaid as he may require. Body corporate. 23. A body corporate may bo registered as proprietor by its corporate name. Registrar may require statement from rival claimants. 24. Whether all of the persons claiming to bo registered as proprietors of the same trade-mark require to be heard before the Registrar or not, he may, before exercising the discretion vested in him by section 78 of the said Act, require such persons, or any or either of them, to submit a statement in writing within a time to be notified by him, or to attend before him and make oral explanations with respect to such matters as the Registrar may require. Removal of mark from register. 25. Where a trade-mark has to be removed from the register for non-payment of the prescribed fee or otherwise under the provisions of the said Act, the Registrar shall cause to bo entered in the register a record of such removal, and the cause thereof. Alteration of address in register. 26. If the registered proprietor of a trade-mark send to the Registrar, together with the prescribed fee, notice cf an

alteration in his address, the Registrar shall alter the register accordingly. Publication of rectification or variation of register. 27. Whenever an order is made by the Court for making, expunging, or varying an entry from or in the register, the Registrar shall, if he thinks that such rectification or variation should bo mado public, publish, by advertisement or otherwise, in such manner as ho thinks just, and at the expense of the person applying for the same, the circumstances attending tho rectification or variation in the register. Notice to Registrar of order of Court for alteration of trademark under section 119 of Act. 28. Whenever tho registered proprietor of any trade-mark intends to apply for the leave of the Court to add to or to alter such trade-mark under section 119 of the said Act, the notice to be given to the Registrar shall be given twenty-ono days at least before such application. If leave be granted on such application, the applicant shall forthwith supply to the Registrar such a number of representations of the trademark, as altered, as the Registrar may deem sufficient. Dispensing with ovidence. 29. Where under these rules any person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be produced to or left with tho Registrar, or at the Patent Office, and it is shown to tho satisfaction of the Registrar that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Registrar, upon the production of such other evidence, and subject to such terms as he may think fit, to dispense with any such act or thing, document, declaration, or evidence. Amendment of documents. 30. Any document or drawing or other representation of a trade-mark for the amending of which no special provision is made by the said Act may be amended, and any irregularity in procedure which in the opinion of the Registrar may be obviated without detriment to the interests of any person may be corrected, if the Registrar think fit, and on such terms as he may direct. Registrar may enlarge time. 31. The time prescribed by these rules for doing any act, or taking any proceedings thereunder, may be enlarged by the Registrar, if he think fit, upon such notice to other parties, and upon such terms, as he may direct.

SCHEDULE. 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 may require. Classification op Goods. Note. —The goods mentioned are 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 dies. Class 2. Chemical substances used for agricultural, horticultural, veterinary, and sanitary purposes—such as artificial manure ; cattle medicines ; deodorisers ; 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