Trade Marks Act 1892 (SA)

A.D. 1892.

No. 551.

An Act to consolidatc the Law relating to Trade Marks.

[Asset~ted to, Decmbev 17tk, 1892.l

E it Enacted by the Governor of the Province of South Aus- and House of Assembly of the said province, in this present Parlia-	B tralia, with the advice and consent of the Legislative Council
men t assembled, as follows:

1. This Act may be cited for all purposes as the "Trade Marks Short title and division.

Act, 1892," and is divided into Parts as follows: -.

YART	I.-Registration	of	Trade Marks, sections 3 to 44:
PART	11,-Infringement	of	Trade Marks, sections 45 to 64. Matters not affected by repeal.

A-651

2. U The Trade Marks Act, No. 20 of 1863," is hercby repealed;

but this repeal shall not affect-

(a ) Any registration, rule, regulation, or order made, or any application pending, or any uotice given under the provisions of the said Act before the commencement of this Act; nor

(b) Any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby repealed; nor

( c ) The institution or continuance of any proceeding or other

remedy under any enactment hereby repealed for the recovery of any penalty incurred, or for the punishment of

anv offence committed before the coming into operation of

t.h$ Act; ( m ) Any

5 5 2 56' VICTORM, No. 551.

Trade Marks Act.-1892,

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(d) Any right, privilegc, liability, or obligation acquired, accrued, or incurred under any enactment hereby repealed.

Any enactment referring to an enactment hereby repealed shall be

construed to apply to the corresponding provisions of this Act.

PART I.

REGISTRATION O F TRADE: MARKS.

Interpretation. 3, In this part of this _4ct, and in any rule made under this part of this Act, unless inconsistent with the subject matter or context, the words and cxpressions following shall h&c the meanings here- inafter respectively assigned to them, that is to say-

( ( Applicant " shall mean applicant for thc: registration of' a trade

mark, and shall include his agent duly appointed in writing

under. his hand:

Commissioner " shall mean Commissioner of Trade Marks

appointed in pursuance of this Act:

Judge " shall mean a Judge of the Supremc Court:

Prescribed " shall mean prescribed by the rules in the Schcdule

to this ,4 ct or by any rulcs made hereunder:

Thc Supreme Court " shall mean the Full Court as defined by

the Supreme Court Act, 1878."

Commiasioner of

Trade Marks. 4, The Commissioner of Paterits shall bc, for the time bcing,

and until another appoin trncn t, Commissioner of' Trade Marks, and shall perform the duties and exercise thc functions of this Act directed to be perforxried by the Commissioner. The Governor may

at any time remove the Commissioner of Trade Marks and appoint

some other person to be Commissioner of Trade Marks.

Bignature of Com-

miesioner to be

5, All Courts, Jndges, and persons acting judicially shall take judicial notice of thc signnturc of the Commissioner; and every instrument and document, arid every certificate as to or certified copy of any entry matter or thing which the Commissioner is authorised by this Act or any rules madc hereunder to nmke, give, or do, or to cause to be made, given, or done, purporting to be signed by the Commissioner sllall be yrirnd fa& eviderice that the same was duly signed and of the contents thercof.

judicially noticed.

h~plicatim to

repter trade mark 6. (1) The Commissioner may on application by or on behalf of

any person claiming to be the proprietor of a trade mark rcgister

such trade mark.

(2) The application must be made in the form prescribed and must be-left at or sent by post to such place as may be prescribed.

(3) The

5 5 O & 56' VICTORIW, No. 551.

Trade 17dai.k~ Act.-289 2.

(3) The application must be accompanied by the prescribed number of representations of the trade mark, and must state the go6ds or classes of goods in connection with which the	PART	1.	,
applicant desircs the trade mark to be registered.

(4) The Commissioner may, if he thinks fit, refuse to register a

trade mark, but any such refusal shall be subject to appeal to a judge, who shall, if required, hear the applicant and the Commissioner, and shall make an order determining whether and subject to what c.onditions (if any) registration is to be permitted. The decision of such judge shall be final.

(5) Whcre an applicant for thc registration of a, trade mark otherwise than under an intwimtioual conventioil is out of South Australia at the time of making thc application he shall give the Commissioner an address for service in South Anstrttlia, and if he fails to do so the application shall not be proceeded with until the address has been given.

7, Where registration of n trade mark is not completed within Limit of time for

six months froin the date of the application by reason of default on ,pplioation.

proceeding with

the part of the applicant, thr Commissioner shall pive notice of the non-completion to the agent employed on behalf of the applicant (or if them bc no agent employed to the applicant himself), and if at the expiration of fourteen days from that notice, or such further time as thc Commissioner may in special cases permit, the registration is not completed, the application shall be deemed to be abandoned.

8, (1) For the purposes of this part of this Act, a trade mark Condition~of registration of trde

must consist of or contain at least one of the following essential mark. -

particulars : -

(a ) A name of an individual or firm printed, impressed, or woven in some particular and distinctlive manner; or

( h ) A written signature, or copy of a written signature, of the

individual or firm applying for registration thereof as a

trade mark; or

(c) A distinctive device, mark, brand, heading, label, or ticket,; or

( d ) An inventcd word or invented words; or

(e) A word or words having no reference to the character or quality of the goods, and not bcing a geographical name,

(2) There may be added to any one or more of the essential particulars mentioned in this section any letters, words, or figures, or combination of letters, words, or figures, or of any of them; but the applicant for registration of any such additional matter must state in his application the essential particulars of the trade mark, and

must disclaim in his application any right to the exclusive use of

the added matter, and a copy of the statement and disclaimer shall

be entered on the register.

(3) Provided

5 5 O & 56" VICTORIE, No. 551.

(3) Provided as follows-

(a ) A person need not, under this section, disclaim his own name,

or the foreign equivalent thereof, or his place of business; but no entry of auy such name shall affect the right of

any owner of the same name to use that name or the

foreign equivalent thereof:

( 6 ) Any special and distinctive word or words, letter, figuqe, or combination of letters or figures or of letters and figures, used as a trade mark before the passing of this Act may

be registered as a trade mark under this Act.

Connection with

goode. 9. A trade mark must be registered for particular goods or

classes of goods.

Registration of a

seriw of marks. 10. When a person claiming to be the proprietor of several trade

marks which, while rescnlbling each other in the material particulars

thereof, yet differ in respect of-

( a ) The statement of the goods for which they are respectively

used or proposed to be used; or,

(h) Statements of numbers ; or,

(c) Statements of price; or,

( d ) Statements of quality; or,

( c ) Statements of names of places--

Seeks to register such tradc marks, they may be registered as a series in one registl.wtion. A series of trade marks shall be assignable and transmissible only as ct whole, but for $1 other purposes each of the trade marks composing a series shall be deemed and treated as registered separately.

Trade marks may be 11, A trade mark may be registered in any color or colors, and such registration shall (subject to the provisions of this part of this ,4ct) confer on the registered owner the exclnsivo right to use the same in that or any other color or colors udess the trade mark would lose its distinctive features by the usc of any other color or colors.

registered in any

color.

Advertisement of 12, Every application for registration of a trade mark under this

application.	part of this Act shall, as soon as may be after its receipt, be advertised
by the Cornmissioncr, unless the Comnlissioller refusc to entertain
the application.
Opposition to regie-

tration. 13. (1) Any person may within one month, or such further time

not exceeding three months as the Commiesimier may allow of the advcrtisenlent of the application, give notice in duplicate at the office of the Commissioner. of opposition to registration of the trade mark, and the Commissioner shall send one copy of such notice to the applicant,

(2) Within

55" & 56" VICTORIE, No. 551. p---

-

Trade Marks Act.- 1892.

(2) Within one month after receipt of such notice, or such further time as the Commissioner may allow, the applicant may send to the Commissioner a counter-statement in duplicate of the grounds on which he relies for his application, and if he does not do so shall be deemed to have abandoned his application.

Pasr I.

(3) If the applicant sends such counter-statement, the Commis- sioner shall furnish a copy thcrcof to thc person who gave notice of opposition, and shall, after hearing the applicant, and the opponent if so required, decide whether the trade mark is to bc registered, and may make such ordcr as to costs as he may think fit, but his decision shall be subject to appeal to a judge who shall have juris- diction to hear and detcrminc the appeal, and who shall, if required, hear the applicant and the opponent and the Commissioner, and may make an order determining whether and subject to what con- ditions (if any) registration is to be permitted, and may also make an order directing costs, including the costs of proceedings before the Commissioner, to be paid by the applicant or the opponent to the opponent or the applicant (as the case may be) and to the Com-

rnissioner. The decision of such judge shall he final.

(4) If the applicant abandons his application after notice of opposition in pursuance of this section, he shall be liable to pay to the opponent such costs in respect of the opposition as the Commis- sioner inay determine to be reasonable.

(5) Whcre the opponcnt is out South of Australia he shall give the Commissioner an address fbr service in South Australia.

(6) If the Commissioner shall make any order as to costs such order may be made s rule of the Supreme Court.

(7 ) Every order of a Judge as to costs under this part of this Act may be enforced in the same manner as a judgment of the Supreme Court upon filing such Order in the Supreme Court.

14. A trade mark when registered shall be assigned and trans- Assignment and transmission of

mitted only in coxlrlection with tllc goodwill of the business coimmwd trade mark.

in the particular goods or classes of goods fbr which it has been regis-

tered, and shdl be determinable with that goodwill.

15. Where each of several persons ckdirn to be registered as t o Confictingclaims regisbation.

proprietor of the same trade mark the Commissioner may rcfuse to ;rgistet any of them until their rights have bccn dctermined according to law, and the Con~missioner may himself submit or q u i r e the claimants to submit their rights to the Supreme Court.

or more persons are entitled to be registered as proprietors of the same registration. 16. (1) Except where the Supreme Court has decided that two aestrictionsm

trade mark the Commissioner shall not register in respect of the same goods or description of goods a trade mark identical with onc already on the register with respect to such goods or description of goods.

(2) Except

55' & 56' VICTORIE, No. 551.

PART I. (2) Except as aforesaid the Commissioner shall not register with respect to the same goods or description of goods a trade mark having such resemblance to a trade mark alreadv on the registcr with respect to such goods or description of ,good; as to be cdculated to deceive.

Further restriotion

on registration.	17, It shall not be lztwful to register as part of or in combination with a trade mark any words the use of which would by reason of their being calculated to cieceivc or otherwise be deemed disentitled to protection in a Court of justice or any scandalous design.
provide for entry on

Saving for power to 18, (1) Nothing in this part of this Act slia311 be construed to

register of common

prevent the Cornmissiontlr entering on the register in the prescribed

marks as additions

to trade marks.

manner and subject to the prescribed conditions as an addition to

any trade rna1.k-

a ) Tn the case of an application for registration of a trade mark used before the passing of this Act-Any distinctive devicc, mark, brand, heading, label, ticket, lcttcr, word, or figure, or con~bination of' letters, words, or figures, thongh the same is common to the trade in the goods with respect to which the application is made:

( b ) In the case of on application for registration of a, tmdc mark

not used beforc the passing of this Act-Any distinctive word or combination of words, though the same is common to the trade in the goods with respect to which the ap- plication is made.

(2) The applicant for nc'gistration of any such addition must, however, state in his application the essential particulars of the trade mark, and must disclaim in his application any right to the exclusive use of the added matter, and a copy of the statement and disclaimer shall be cntercd on the I-egister.

Provided that a pcrson need not under this section disclaiin his

but no entry of any such name shall affect thc right of any owner	own name, or the foreign equivalent thereof, or his place of business,
of thc sarnc namc to use that name, or the foreign cquivdent thereof.
(3) Any device, mark, brand, heading, labrl, ticket, letter, word, figure, or cornbination of letters, words, or figures, which was or were before the passing of this Act publicly used by more than t h r ~ e persons on the same or a similar description of goods shall, for the purposes of this section, be deemed common to the trade in such goods.

Registration equiva- 19, Application for registration of a trade mark shall be deemed

lent to be equivalent to public use of the trade mark, and the date of the application shall, for the purposes of this part of this Act, be deemed to be the date of the registration.

55' & 56' VICTORI&, No. 551.

Trade Murks Act- 1892.

-

20, The registration of a person as proprietor of a trade mark PART 1.

&all be primd .facie evidence of his right to the exclusive use of the Right of h t pro-

trade mark, and shall, after the expiration of five years from the date P	use	rietor	of trade	to exclueive	mark.
of the registration, be conclusire evidence of his right to the exclu- sive use of the trade mark, subject to the provisions of this part of this Act.

prevent or recover damages for the infringement of a trade mark for infringement, 21, A person shall not be entitled to institute any proceeding to Res~rictionsonactiona

unless, in the case of n trade mark capable of being registered under this part of' this Act, it has been registered in pursuance of this part of this Act, or in pursuance of The Trade Marks Act, No. 20 of 1863," or, in the case of any other trade mark in use before the passing of this Act, registration thereof under this Act, or under " The Trade Marks Act, No. 20 of 1863," has been refused. The Registrar may, on request and on payment of the prescribed fee, grant a certificate that such registration has been refused.

22. In an action for the infringement of a registered trade mark, Certificate as to

the Supreme Court or n Judge may certify that the right to the ,,,ts~ereon.

exclusive use, and

exclusive use of the trade mark came in question; and if the Supreme Court or a Judge so certifies, then, in any subsequent action for infringement, the plaintiff in that action, on obtaining a final ordcr or judgment in his favor, shall (if before action he had given notice of such first action and of such certificate to the defendant) ham his full costs, charges, and expenses as between solicitor and'clieot, unless the Supreme Court or Judge trying the subsequent action certifies that he ought not to have the same.

callcd the " Register of Trade Marks," wherein shall be cntered the marks. 23, There shall be kept at the office of the Commissioncr a book Regkteroftrade

names and addresses of proprietors of registered trade marks, notifications of assignments and of transmissions of trade marks, and

such other matters as may be from time to time prescribed.

24. (1) At a time not being less than four months nor more than Removal of trade mark after fourteen

nix months before the expiration of each period of fourteen years rears unleBB

fee paid.

from the date of thc rcgistrntion of a trade mark, the Commissioner shall send notice to the registered proprietor that the trade mark will be removed from the register unless the proprietor pays to the Commissioner before the expiration of such fourteen years (naming the date at which the same will expire) the prescribed fee; and if

such fce be not previously paid he shall at the expiration of one

month from the date of the giving of the first notice send a second

llotice to thc same cffcct.

(2) If such fee be not paid before the expiration of such fourteen years the Commissioner may after the cnd of three months from the expiration of such fourteen years remove the mark from the register, and so from time to time at the expiration of every period of fourteen years.

(3) If

55" & 56" VICTOKIW, No. 551. - "

Trade Marks A c t. 1892.

PART. I. (3) If, before the expiration of the said three months the registered

proprietor pays the said fee, together with the addition a1 prescribed fee, the Commissioner mav without removing such trade mark from the'register accept thc siid fee as if it had been paid bcfore the expiration of the said fourtccn years.

(4) Wherc aftcr the said three months a trade mark has been removed from the register for non-payment of the prescribed fee, the Commissioner may, if satisfied that it is just so to do, restore such trade mark to the register ou payment of the prescribed additional fee.

(5) Where a trade mark has been rerno~ed from the register for non-payment of' the fee or otherwise, such trade mark shall never theless for the purpose of any application for registration during one year next after thc date of such removal be dcemed to be a trade mark which is already registered, unless it be shown tu the satisfac- tion of the Commissioner that t,he non-payment of the fee arises from the death or insolvency of thc registercd proprietor or from his having ceased to carry on business, and that no person claiming under that proprietor or under his insolvency is using the trade mark.

Former registers to

be deemed continued. 25. " The Registers af Trade Marks " kept under any enact-

ment relating to the registration of trade marks in force in South

Australia before the commencement of this Act shall be deemed parts of the same book as the Register of Trade Marks kept under this part of this Act.

Entry of aaaignments

and transmissions in 26,

(1) Where a person becomes entitled by assignment, transmission, or other operatioil of law to a registered trade mark, the Commissioner shall, on request and 011 proof of title to his satisfaction, cause the name of such person to be entered as proprietor of the trade mark in the Rcgister of Trade Marks.

register.

(2) The person for the time being entered in the llcgister of Trade Marks as proprietor of a tradc mark shall, subject to the provisions of this part of this Act and to any rights appearing from such register to be vested in any other person, have power absolutely to assign and to give effectual receipts for any consideration for such assignment: Provided that any equities in respect of such trade mark may be cnforcrd in like manner as in respect of ally other personal property.

Inspection and ex- 27. The register kept nnder this part of this Act shall at all tracb*rOmn@terB* convenient times be open to the inspection of the public, subject to

the provisions of this part of this Act and to such rules as may be prescribed; and certified copies, under the hand of the Com- missioner, of any entry in sach register shall be given to any person requiring the same on payment of the prescribed fee.

__ --p-- 55' & 56" VICTOKIE, No. 551.

T~acle Mccrks d c t. l t 5 9 2.

-- -- .-

28. If any person wilfully make or cause to be made any false entry in the said register, or wilfully make or forge or cause to be Falsification or madc or forged any writing falsely purporting to he a copy of any forgeqOf entries. entry in the said register, or producc or tender or cause to be pro- duced or tendered in evidence any such entrv or writing, knowing the entry or writing to be false or forged, 11; shall be guilty of a misdemeanor, and, on conviction thereof, shall bc liable to be imprisoned for any period not PART I.

29. (1) The Suprcmc Court may, on the application of any Rectificationof registers by Court.

person aggrieved by the omission without sufficient cause of the name of any person or of a~ny other particulars from the register kept under this part of this Act, or by any entry nlade without sufficient cause in such register, make such order for making, expnnging, or varying the entry as the Supreme Court thinks fit, or the Supreme Court may refuse the application? and in either case mdy make such order with respect to the costs of the proceedings as thc said Court thinks fit.

('L) The Supreme Court may, in any proceeding under this sec- tion, decide any question that it may he necessary or expedient to decide for the rectification of the register, and may direct an issue to hc tried for the decision of any question of fact, and may award damages to the party aggrieved.

(3) Any order of the Supreme Court rectifying the register shall

direct that due notice of the rectification be given to the Commis-

sioner.

30. The Commissioner may, on request in writing, accompanied power for Commissioner to

by the prescribed fee- correct clerical errors.

(a) Correct any clerical error in or in connection with an appli- cation for registration of a trade mark; or

( 6 ) Correct any clerical error in the name, style, or address of

the registered proprietor of a trade mark; or

( c ) Cancel the entry or part of the entry of a trade mark on the register: Provided the applicant accompanies his request by a solemn declaration madc by himself, stating his name, address, and calling, and that he is the person whose name appears on the register as the proprietor of the said trade mark:

(d) Permit an applicant for registration of a trade mark to amend his application by omitting any particular goods or classes of goods in connection with which he has desired the trade mark to be registered.

31. There shall not be entered in the register kept under this Trust not to be

part of this Act, or be receivable hp the Commissioner, any notice of entered in register.

any trust expressed, implied, or constructive.

5 5 O & 56" VICTOIZIfi, No. 551.

Trade Marks Act.-1 892.

PART I. 32, The Commissioner may refuse to register a trade mark if

~efusaltoregister the use of the same would be, in his opinion, contrary to law or	trade mark in certain
eases. morality, or prejudicial to the public interest.
Alteration of re&- 33, (1) The registered proprietor of any registered trade mark
tared bade mark. may apply to the supreme Court for leave to add or to alter such mark in any particular not being an essential particular within the meaning of this part of this Act, and the said Court may refuse or grant lgave on s&h terms as it thinks fit.

(2) Notice of any intended application to the Supreme Court under this section shall be givcn to the Commissioner by the applicant, and the Commissioner shall be entitled to be heard on the application,

(3) If the Supreme Court grants leave the Commissioner shall,

on proof thereof and on payment of the prescribed fee, cause the

rcgister to bc altcred in conformity with the ordrr of leave.

~ e e s for registration, 34, There shall be paid in respect of applications, registration,

&C.	appeals, and other matters under this Act such fees as may be from time to time prescribcd; and such fees shall be paid to the Corn- missioner arid shall be accounted for by him and shail go to and form part of the public revenue.
Exercise of discre-

tionary power by 35. Where any discretionary power is by this part of this Act

Commiseiober.	given to the Corr~missioner he shall not exercise that power advcrselv tb the applicant for registration of a tnde mark' without (if sb requircd within the prescribed time by the applicant) giving the applicant an opportunity of being heard personally or by his agent.
Power of Commis-

sioner to take direc- 36. The Commissioner may in any case of doubt or difficulty

tionsof ~udgc.

arising in the administration of any of' the provisions of this part

of this Act apply to a Judge for directions in the matter.

Applications and

declarations of cor- 37, Any application authorised or required to he made under

porationa.

this part of this Act may, in the case of a corporation, be made in

the manner prescribed by the rules made as hereinaf'ter providcd.

Applications and

notices by poet. 38. (1 ) Any application, notice, or othcr document authorised

or required to be left, made, or given at the office of the Com- . -

U

missibner, or to the commissioner, or to any other person under this

part of this Act, may be sent by a prepaid letter through the post;

and if so sent shall be deemed to have been left, made, or given respectively at the time when the letter containing the same would be delivered in the ordinary course of post.

(2) In proving such service or sending it shall be sufficient to

prove that the letter was properly addressed and put into the post

Provision as to daye

for lsaving documents 39, Whenever the last day fixed by this part of this Act, or by

at office. any rule for the time being in force, for leaving any document or

55' & 56" VICTORIE, No. 551.

Trade Marks Act.-1892.

paying any fee a t the ofice of the Commissioner fills on Sunday	PART	X.
or any public holiday, herein referreJ to as excluded days, such
document may be left or such fee may be paid on the day next following such excluded day or days, if two or more of them occur consccutivel y.

40, If any person is, by reason of infancy, lunacy, or other Declarationbyinfant,

inability, incapable of making any declaration or doing anything lunatic, &C.

required or permitted bp this part of Act, or by any rulcs madc

under the authority of this part of this Act, then the guardian or

committee (if m y ) of such incapable person, or, if there be none,

any person appointed by any Court or Judge possessing jurisdiction

in respect of the property of incapable persons, upon the application

of any person on behalf of snch incapable person, or of m y other

person interested in the nlaki~ig such declaration or doing such thiilg, may make such declaration, or a declaratiou a s nearly corres- ponding thereto as cir~umstances permit, and do such thing in the narnc and on behalf of such incapable person; and a l l acts done by such substitute shall, for the purposes of this part of this Act, bc as effectlial as if done by the pcrson for whom hc is substituted.

41. (1) Any pcrson who describes any trade mark applied to any Penalty for falsely

xrtiele sold hy him as registered which is not no shall bc liable for ~ ~ ~ ~ b ~ ", " ~ ~ r e d.

every offence, on summary conviction before any Special Magistrate - -

or two Justices, to a penalty not exceeding Five Pounds.

42, The Supreme Court or n Judge may require the attendance, Supreme Court or a

in Chambers or in Court or clsewhere, of any person whom the said	Judgc may summon
Court or a Judgc niay think fit to cxaminc or causc to be examined in any proceeding, appeal, or other matter coming before such Court or Judge under this part of this Act, and may examine or cause to be examined upon oath and affirmation, as the case rrlay require, persons and witnesses by word of mouth, a i d rnay either before or after, or

with or without such examination, receive their or any of their

affidavits or solemn declarations as the case may be. The said Court or a Judge may by writ of subpama require such attendance, iu Chambers or otherwise, and order to bc produced before the said Court or a Judge or in Court or elsewhere, any deeds, evidences, or writings. Every person disobeying any such writ of subpmna shall be considered as in contempt of Court, and also be liable to forfeit a sum not exceeding One Hundred Founds.

(2) A person shall hc deemed, for the purposes of this enactment, to reprcsent that a trade mark is registered if he sells the article with thc word " Regiistcred," or any word or words expressing or

implying that a registration has been obtaincd for any mark

stamped, engraved, or expressed on, or otherwise applied to the

ar tide.

12 55' Sc 56" VICTORIA!, No. 551.

-- - - p---- --

Trade Marks Act.- -1892.

PAST I. Rules of Court may 43. (1) For the purpose of regulating the procedure and practice

on cases submitted to the Supreme Court under the authority of

'te made.	this part of this Act, and on applicat,ions to and other matters coming before the said Court under the provisions of this part of this Act, any two or more of the Judges of the Supreme Court may at any time make rules of' Court, and, until such rules are made, any person may apply to a Judgc by summons for directions as to such procedure and practice.
(2) The Supreme Court may, after hearing and deciding ally case submitted to it or any application or other matter coming before it, cause the necessary directions to issue to the Commissioner, who shall forthwith, upon the receipt of the same, proceed to give effect thereto.

44, The rules contained in the schedule hereto shall be and

remain in force and effect for all purposes of this part of this Act,

and shall come into operation on the passing of this Act, but the

Governor Inay from time to time add to, modify, repeal, and alter the said rules, or any part thereof, and make other rules (not in- consistent with this part of this Act)--

For regulating the practice of registration under this part of this

Act:

For classifying goods for the purposes of trade marks:

For regulating the procedure under this part of this Act before

the Commissioner:

For prescribing the period within which appeals from the decision of the Commissioner to a Judge must be lodged, and for prescribing when and to whom notices of such appeal shall be given, and for regulating the procedure and practice on appeals to a Judge:

Generally for the purposes of regulating the business at the office

hereunder, and for giving effect to this part of this Act.

of the Con~niissioner, and the doing of all things to be done

All such rules shall be laid before both Houses of Yarliamelit within forlrteen days after the malring thereof, if Parliament be then sitting, and, if l'arliament be not sitting, then within fourteen days

after the next mectir~g of Parlianit!nt.

PART IT.

INFRINGEMENT O F TRADE MARK.

Definitions.	45. (1) For the purpose of this part of this Act-
" Trade mark."	C C Trade mark" means, except in the last three sections hereof, a

trade mark registered in the register of trade marks kept

under Past I. of this Act.

" Trade

y- 5 5 O & 56" VICTOKIAXj., No. 551.

Ili.ude iliZccrks Act. - 1892.

Trade description" ineans any description, statement, or other indication, direct or indirect- PART 11.

" Trade description,"

(a) As to the number, quantity, measure, gauge, or weight of

any goods; or

( b ) As to the placc or country in which any goods were made

or produced; or

(c) As to the mode of manufacturing or producing any goods; or

( d ) As to the material of which any goods are composed; or

( e ) As to any goods being thc subject of an existing patent,

privilege, or copy right;

And includes a Custolns entry relating to imported goods:

And the use of any figure, word, or mark, which according to the custom of thc trade is corrrnlonly taken to be an indication of any of the above matters, shall be ricemcd to be a trade description within the meaning of this part of this Act.

False trade description" means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, cffaccment, or otherwise, where that alteration nlaltes the description false in a material respect, and the fact thn.t a t,rade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this part of this Act: False trade

" Articles " includes any chattcl, articles, instruments, or thing: < < Articles.''

" Court" includes, nnles inconsistent with the subject matter u ~ o ~ r t. "

or context, the Supreme Court, a Judge of the Supreme

Court, a Special Magistrate, or two Justices:

"Goods" means anything which is the subject of trade manu- c c ~ ~ ~ a ~. ' s

facture or nlerchanclise:

" Nnme" inchtdes any abbreviation of a name: Name."

> 7

'' Persons," " manufacturer, dcalw, or trader, and '' proprietor" Persons, &C."

include any body of persons corporate or imincorporatc:

" l'ossession" and " British possession" mean any territory or possession."

placc situate within IPcr I\il:tjesty's dominions and not being " British poeseasion-"

or forming part of tho United I<ingdom, Channel Islands,

or Isle of Man.

(2) The provisions of this part of this Act respecting the sppli- cation of a false trade description to goods shall exiend to thc application to goods of any such figures, words, or marks, or arrangement or combination thereof, whether inclnding a trade mark or not, as are reasonably calculated to lead persons to belicve that the goods. are the manufacture or merchandise of some person other than the person whose manufacture or merchandise they

really are. (3) The

55" & 56" VICTOKIE, NO. 551.

Trade Marks A c t. 1 8 9 2.

PABT 11.	(3) The provisions of this part of this Act respecting the nppli- cation of a false trade description to goods or respecting goods to which a false trade description is applied sllall extend to the appli- cation t o goods of any false name or initials of a person and to goods with the false name or initials of a person applied in like
manner as if such name or initials were a trade descri~tion: and for I
the purpose of this enactment the expression false name or initials means, as applied to any goods, any name or initials of a person which-

(a ) Are not a trade mark, or p a ~ t of s tradc mark; and

( b ) Are identical with or a colorable imitation of the name or initials of a person carrying on business in connection with goods of the same description, and not having authorised the use of such nime or initial; and

(c) Are either those of a fictitious person, or uf some person not

bond fide carrying on business in connection with' such

goods.

Offences as trade 46, (1) Every person who-

marh and trade

deecriptiona.

(a) Forges any trade mark ; or

( b ) Falsely applies to goods any trade maxk or any rrmk so nearly

resembling a trade mark as to be calculated to deccivc; or

(c) Makes any die, block, machine, or other instrument for the

purpose of forging or of being used for forging a trade

mark; or

( d ) Applies any false trade description to goods; or

( e ) Disposes of

or has in his possession any die, block, machine, or

other instrument for the purpose of .forging a trade mark;

or

(.f) Causes any of the things above in this section nlentioned to be done-

Shall, subject to the provisions of this part of this Act, and unless

he proves that he acted without intent to defraud, be guilty of an

offence against this part of this Act.

(2) Every person who sells, or exposes, or has in his possession for sale, or any purpose of tradc or manufacture any goods, or things to which any forged trade mark or false trade description is applied, or to which any trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied (as the case may be) shall, unless he proves--

(a ) That having taken all reasonable precautions against mm- mitting an offence against this part of this Act, he had at the time of the commission of the alleged offence no regson to suspect the genuineness of the tradc mark or mark or trade description; and

( b ) That

55" & 56" VICTORI&, No. 551.

Trade Marks Act.-1892.

-

( 6 ) That, on demand made by or on behalf of the prosecutor, PABT xr.

informant, complainant, or party aggrieved, he gave all the information in his power with respcct to the persons from whom he obtained such goods or things; or

( c ) That otherwise he had acted innocently, or that the goods or things to which the trade mark, or mark, or trade descrip- tion has been applied, were manufactured in or imported into South Australia before the coming into operation of this Act, and that such goods or things were held by him

bontiJide and without any fraudulent intention-

Be guilty of any offence against this part of this Act.

(3) Every person guilty of an offence against this part of this Act shall be liablc-

(a) On conviction before the Supreme Court, to imprisonment with or without hard labor for a term not exceeding two years, or to a fine not excceding One Hundred Pounds, or to both imprisonment and fine as aforesaid; and

( b ) On summary conviction before any Special Magistrate or two Justices, to imprisonment with or without hard labor for

a term not exceeding four months, or to a fine not exceed-

ing Twenty Pounds, and in the case of a second or subse- quent conviction to imprisonment with or without hard labor for a tcrm not exceeding six months, or to a fine not exceeding Fifty Pounds; and

( c ) In any case to forfeit to Her Majesty every chattel, article, instrument, or thing by means of or in relation to which the offence has been committed.

(4) The Court before which any person is convicted under this

section may forfeit to Her Majesty any articles liable to be forfeited

under this part of this Act, and may order any forfeited articles to	be destroyed or otheiwise disposed of as the Court thinks fit.
(5) Where any articles have been declared forfeited under this part of this Act, any Judge, Special Magistrate, or Justice may issue a warrant under his hand, by virtue of which it shall be lawful for any member or members of the police force, or any other person
or persons named or referred to in the warrant, to break and enter
into any shop, house, manufactory, establishment, building, land, ground, dwelling, hoasc, ship, vehicle, or place at any time during the day or night, and to search there for and seize and take away those articles.
(6) Any offence for which a person is under this part of this Act liable to punishment on summary conviction may be prosecuted in a
summary manner before, and any articles liable to. be forfeited under this part of this Act may be forfeited by, a Special Magistrate or two Justices, in manner provided by Ordinance No. 6 of 1860, and any

other

16 55" & 56' VICTORIW, No. 551.

-- - .-.p

T~atle nla~lss Act.-1892.

Y n a ~ Ir. other Act that may be made by law in that behalf: Provided that if any pcrson charged with an offence under this scction before a, Special Magistrate or two Justicvs ohjccts to tllc charge being tricd by a Special Magistrate or two ~usti&s, the Special Magistrate or the two Justiccs shall deal with the chargc in the same manner in which other charges for indictable offences mav be dealt with; and evcry person charged with an offenc. under 'this scation shall, on appearing before a Special Magistrate or two Justices, and before the charge is gone into, be informed of his right to be tried by a jury,

and shall, if he requires, be so tried accordingly.

(7) Thcrc shall he an appeal from any conviction by any Special Magistrate or Justices for ally offence against this part of this Act,

and from any order dismissing any information under this part of

this Act, which appcal shall bc the i k n l Court of Adelaide of Full Jurisdiction only, and the pr'occetlings of' such appeal shell be con- ducted in manner appointed by the said Orclinnnce, No. 6 of 1850, for apyeals to Local Court, or any other Act that may be made by law in that behalf; hut the Local Court of Adelaide aforesaid inay make such order as tlie costs of such appeal a s to it shall think fit, although such costs may exceed Ten Pounds.

( t r ) Without the assent, of thc proprietor of the trade mnrk

makes that trade mark or a mark so nearly resembling

that trade mark as to be calculated to deceive; or

( b ) Falsifies a'ny genuine trade mark, whether by alteration,

addition, effacement, or otherwise;

And any trade mark or mark so falsified is i n this part of this Act referred to as a forgcd trade mnrk: Provided that in any prosecu- tion for forging a trade mark thc burden of proving the assent of the proprietor shall lie oil the defendant

Applying marks and

dsscript.ions. 48, (1) A person shall be deemed to apply a tra'de mark or mark

or trade description to goods who-

( a ) Applies it to the goods themselves; or

( b ) Applies it to any covering, label, reel, or other thing in or with which the goods are sold or exposed or had in possession for any purpose of sale, trade, or manufacture; or

( c ) Places, encloses, or annexes any goods which are sold or

exposed or had in posscssion for any purpose of' sale, trade, or manufacture in, with, or to any covering, label, reel, or other thing to which a trade mark or trade description has been applied; or

(d) Uses a trade mark or mark or trade description in any manner calculatcd to lead to the belief that the goods in connection with which it is used are designated or described by that trade mark or mark or trade description.

(2) The

P- -P

-

(2) The expression U covering " includes any stopper, cask bottle, vessel, box, cover, capsule. case, frame, or wrapper, and the expression "label" includes any band or ticket.

A trade mark or mark or trade description shall be deemed to be applied whether it is woven, impressed, n r otherwise worked into or annexed or affixed to the goods or to any covering, label, reel, or othcr thing.

(3) A person shall bc clccrned to falsely apply to goods a trade mark or mark who without the assent of the proprietor of a trade mark applies such tradc mark or a mark so nearly resembling it as to be calculnted tu deceive, but in m y prosecution for falsely apply- ing a tradc mark or mark to goods the bwden of proving the assent

of the proprietor shall lie oil the defendant.

49. Where a defendant is charged with making any die, block,	Exemption of
persons employed in

certain

machine, or other instrument for thc purpose of forging or being	ordinary course of
used for forging a trade n~ark, or with falsely applying to goods any	bueinees.
trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive, or with applying to goods any false trade description, or causing any of the things in this section mentioned to be done, and proves-

( a ) That in the ordinary courso of his business he is employed on

behalf of other persons to make dies, blocks, machines, or other instruments for making, or being used in making, trade marks, or (as the case may be) to apply marks or descriptions to goods, and that in the case which is the subject of the charge he was so employed by some person resident in South Australia, and was not interested in the goods by way of profit or commission dependent on the

sale of such goods; and

( b ) That he took reasonable precautions against committing the

offence chargcd; and

(c) That he had at the time of the commission of the alleged

offence no reason to suspect the genuineness of the trade

mark, or mark, or trade description; and

( d ) That he gave to the party aggrieved all the information in his power with respcct to the persons on whose behalf the trade mark, or mark, or description was applied-

He shall be discharged from thc prosecution, but shall be liable to pay the costs incurred on behalf of the prosecution, unless he has given due notice to the prosecutor, informant, or complainant that he

will rely on the above defence.

50. Where a watch-case has thereon any words or marks which constitute, or arc by common repute considered as constituting, a,	part of thia Act to
Application of thie
watches.
description oF the countrv in which the watch was made, and the watch bears no descriptioh of the country where it was made, those

C-,561 word8

55' & 56" VLCTOIWE, No. 551.

p * ~	I1.	words or marks shall be pvimci fncie be deemed to be a description of that country within the rnea&na of this part of this Act, and the provisions of h i e part of this ~ c t ' w i t h respect to goods to which a false trade description has been applied, and with respect to selling or exposing or having in possession for sale or ally purpose of trade or manufacture goods with a false trade description, shall apply accordingly; and for the purposes of this section, the expression " watch " means all that portion of a watch which is not the watch-
case.

Trade mark, how 51, In any indictment, information, pleading, proceeding, or described in pleading. d ocumcnt in which any trade mark or forged trade mark is intended

to be mentioned, it shall bc sufficient, without further description and without any copy or fac-simile, to state that trade mark or forgecl trade mark to be a tradc mark or forged trade mark.

Rules ae to evidence. 52, I n any prosecution for an offence against this part of this

Act-

(1) A defendant and his wife or her hnsband (R.S the case may be)

may, if the defendant thixlk fit, be called as a witness; and,

if called, shnll be sworn and examined, and may be cross-

examined and re-examined in like manner as any other

witness:

(2) In the case of importcd goods, evidence of the port of ship- ment shall be yrim~i~fizcie evidence of the place or country

in which the goods wcre made or produced.

Puni~hment of 53. Any person who, being within South Australia, procmcs,

accessories.	counsels, aids, abets, or is accessory to the commission without South Australia of any act which, if committed in South Australia, would under this part of this Act be a misclemeanor, shall be guilty of that n~isdemeanor as a principal, and be lisblc to he presented,
tralia in which hc may be, as if the misdemeaiior had been there
proceeded against, tried, arid convicted in ally place in South Aus-
committed,

Search warrant. 54. (1) Where upon inforillation for an offence against this part

of this Act either a summons rcquiring the defendant charged by such information to appear to answer the same, or a warrant for the arrest of such defendant has been issued, and either at the time of

the issue of the summons or warrant or at any time thereafter any

Justice is satisfied by information on oath that there is reasontlbie cause to suspect that any goods or things by means of or in relation to which such offcncc has been comlnitted thcre are in any dwelling- house, tenement, ship, or vehicle of the defendant, or otherwise in his possession or under his control in any place, such Justice may issue a search warrant under his hand, by virtue of which it shall be lawful for any member of the police forcc named or referred to in

the warrant to break and enter such dwelling-house, ship, vehicle, or

place,

55" & 5 6 O VICTORI&, No. 551.

place, at any reasonable time by day, and to search there for and PART 11.

-- - -

seize and take away those goods or things; and any goods or things seized under any such warrant shall bc brought before a Special Magistrate or two Justices for the purpose of its being determined whether the same are or are not liable to forfeiture under this part

of this Act.

(2) If the owner of ally goods or things which if the owner tlkreof had been convicted would be liable to forfciture under this part of this Act is unknown or cannot be found, an information or co~nplaint may be laid for thc purpose only of enforcing such forfeiture, and a Juctice tnay cause notice to be advertised, stating that linless cause is shown to the contrary a t the time and plaw named in the notice such goods or things will be forfeited; and at such time and place any Special Magistrate or two Justices, unless the owner or any person on his behalf or other person interested in the goods or things show cause to the contrary, may order such goods or things or any of them to be fbrfeited.

(3) Any goods or things forfeited u~lcter this section or under any

o t h ~ r provision of this part of this Act may be dcstroycd or other-

wise disposed of in such manner as the Court by wllich the same

are forfeittd directs, ant1 the Court inny out of any proceeds which

may be realised by the disposition of such goods or things (all trade

marks mid trade descriptions being first ob1iteratcd)'award to any innocent party any loss he nmy have innocently sustained in dealing with such goods or things.

shall be commenced after the expiration of three years next after tion. 55. No prosecution for an ofleacc against this part of this Act Limitationofprosecu-

the commissioil of the offcncc, or of one year next after the first discovery thereof by the party aggrieved, whichever expiration first happens.

56. No proceedings slrall he taken before any Special Rhgistrate cedain persons

Qr two Justiccs for an offence against this part of this Act unless the to tagc? p r o c c a d i ~.

same be taken by a pes*sorl whose rights asc impaired, or who is specially aggrieved by the commission of such offence or by the duly appointed attorney of any such person, or unless the same be taken under the direction of or by the Attorney-General or Crown Solicitor, or by some person acting under the direction of the Collector of Customs.

57. When proceedings for an offence against this part of this Costeof defenceor

Act are taken in the Supreme Court, or before a Special Magistrate, prosecution.

or two Justices, by any person, whether the Attorney-General, Crown

Solicitor, or any person acting under the direction of the Attorney- General or Crown Solicitor, or under thc direction of the Collector of Customs, or by any other person whomsoever, the Court may order costs to be paid to the defendant by the person taking such proceedings, or to such person by the defendant, having regard to the information given by and the conduct of the defendant and +uch person respectively. 58. Whereas

55' & 56" T I C T O R I E, No. 551.

-- - - - -

p -- p

PART 11. 58, Whereas it is expedient to make further provision for pro- forfeiture under this part of this Act:

Prohibition on im-

portation. hibiting the importation of goods which if sold would be liable to

Be i t therefore enacted as

follows :-

(I) All such goods and also all goods manufacturecl at any place

outside South Australia bearing m y name or trade mark being or purporting to be the name or trade mark of any manufxturer, dealer, or trader in South Australia, and also all goods manufactured

in any country, not being a portion of Her Majesty's Dominions,

bearing any name or trade mark being or purporting to he the name or trade mark of any manufacturer, dealer, or trader in any portion of Her Majesty's Dominions, unless such name or trade mark is accompanied by a definite indication of the country in which thc goods were made or produced, are hereby prohibited to be imported into South Australia, and, subject to the provisions of this section, shall be included among goods prohibited to be imported as if they were specified in section 34 of " The Customs Act, 1864."

(2) Before detaining any such goods or taking any further pro- ceedings with a view to the forfeiturz thereof under any law relating to the Costoms, the Collector of Costoms may rcquirc the regulations under this scction, whether as to information, security, conditions, 01% other matters, to be cornplied with, and map srttisfy himself in accordance with those regulations that the goods are such as are prohibited by this section to bc irnportcd.

(3) Where ttirre is on any goods a name which is identical with or a colorable imitation of the name of a place in South Australia, that name, unless accompanied by thc name of thc conntry in which such place is situatc, shall bc treated for thc purposes of this section as if it were the name of it place in South Australia. Where there is on any goods a llawe identical with or a coloralole imitation of the name of a placc in any portion of Her Majesty's T)ominions, that	name, unless accompanied by the name of thc country in which such	placc is situate, shall be treated for the purposes of this section as
if it were the name of a place in Her 1\4ajesty's Dornillions.
(4) The Collector of Customs may from time to time make, revoke, and vary regnlations, either gencrnl or spccia~l, respecting the deten-
tion or forf~iturc of goods the importation of which is prohibited by this section and the conclitions (if my) to be fulfilled before such detention and forfeiture, and may by such regulations determine thc information, notices, and security io be givcn ancl the evideilce requisite for any of the purposes of this section and the n~odc of veri iication of such evidcncc.

(5) Soch regulatioils may apply to ali goods the importation of

which is prohibited by this wction, or different repolations may be made respecting different classes of such or of offences in relation to such goods,

(6) The

55' & 5@ VICTORId5, No. 551.

PUT 11-

(6) The regnlations may providc for the informant rcirnbursing the Collector of Customs all expenses and damages incurred in respect of any detention made o n his information- and of any proceedings consequent on such detention.

(7) All regulations undcr this section s h l l be approved by the Governor and shall be published in the Gotiemmerlt G'uzette.

(8) This section shall hare effect as if i t wcrc part of The

Customs Act, 156.2,''

59, On the sale or in the contract for the sale of any goods to I m ~ l i e a w a ~ ~ ~ t ~ ~ ~ sale of marked goods.

which a trade mark or mark or trade description has been applied, the vendor shall be decmed to warrant that the mark is a genuine trade mark arid not forged or falsely applied, or that the trade description is not a false tradc description ~vithin the meaning of' this part of this Act, unless tlie contrary is expressed in same writ-

ing signed by or on bchalf of the vendor and delivered at the time

of the sale or contract to and itcctyted by the vendee.

60. Where at the passing of this Act a trade description was Provisionsof~ct as

lawfully and generally applied to goods of a particular class, or to f nlse description

manufactured bv n aa~ticulnr method. to indicate thc narticular certaincaaes. J I I

class or method of nimufrtciure of tiucll goods, the provisions of this part of this Act with respect to fklse trndc rlcscriptions slid1 not apply to such tradc clcscription wh6n so applied: Providctli that where such trade description includes thc name of a. placc or country and is calculated to nzislead as to tlie place or country wherc the goods to which it is applicd were actually made or produced, and the goods are not actually made or produced in that place or country, this section sliall not apply unless there is added to the trade rlescrfption, iinrncdiately bcforc or after thc name of that place or country in an equally conspicuous rr1:tnner with that nstrne, the name

of the place or country in wllich the goods mew actually madc or

produced, with s statement that they were made or prodrlckd thew.

61, (1) This lmrt of this Act shall not exempt any l~crson from Savings.

m y action, suit, or other proceeding which might, but for the pro-

visions of this part of this Act, be brought against him.

(2) Nothing in this part of this Act shall cntitle any person to refuse to rnalte a complete discovery, or to answer any question or interrogatory i11 any action, but snch discovery or answer sliall n u t

be admissible in evidence against such person in any prosecution for

an offence against this part of this Act.

(8) Kothing in this part of this Act shall be construed so as to

render liable to any prosecution or ponishmcnt any scrvnnt of a

master resident in bout11 Australia who bond fide acts in obedience to tho instructions of such master, and on demand made by or on

. behalf uf the prosecutor, informant, or complainant, has givcn full information as to his mmter.

55" & 56" VICTOKIW, NO. 551,

PART 11. 62. Any person who falsely represents that any goods are made Majesty, or any of the Royal Family, or of any Government department, shall be liable, on summary conviction, to a penalty not exceeding Twenty Pounds.

False W~IBBQYI

tation as to	by a person holding a Boyall Warrant or for the service of Her
Royal Warrant.

Intercolonial 63,

If the Governor is pleased to make any arrangement with of trade marks, then any person who has applied for, or who is en- titled to protection of any trade mark of any such possession shall be entitled to registration of his trade mark under Part I. of this Act, in priority to other persons whose applications for protection in South Australia have been made subsequently to the making of the application of or thc obtaining of protection by such first-mcnbioncd person in such possession, and such registration slvall have the same date as the date of the protection obtained in such possession; and every entry on the rcgisteu of trade marks kept in pursuance of the said Par t T. shall be made, and be deemed to have been made, subject to removal or ~*t:ctification by the Commissioner of Trade Marks, in favor of any person entitled to priority under this section: Provided that the application of such first-mentioned person be made within four months froin his obtaining protection in the possession with which the arrangement is in force: Provided that nothing in this section contained shall entitle the proprietor of the trade mark to recover damages for infringements happening prior to the date of the actual registrn tion of the trade mark in South Australia.

arrangements

for reetration

the Government of any British possession for the mutual protection

of trade marks.

The use in South Australia during the period aforesaid of any trade mark ('whetlier with or withont the consent of such person as aforesaid) shall not invalidate the registration of the trade mark.

The provisions of this section s l d l apply only to such of the

British possessions with respect to which and so long only in the

case of each possession as the Governor from time to time declares

them to be applicable.

Provisions for United 64, If Her Majesty is pleased by Order in Council to apply the

Kingdom. p~ovisions of section 103 of an -4ct of the Imperial P c21 -1' lament called '' The Patents Uesigns and 'I'rade Marks Act, 1S83," or any portion thereof, to South Australia, the provisions of the lasc prcced- ing section may by order of the Governor be applied for the protection of trade marks protected in the United Kingdom: Pro- vided that such order of the Governor may be at any time rovolced: Provided that nothing in this or the last preceding ~ection contained shall be construed to diminish or in any way affect the right of any subject of Her Majesty or of any alien not domiciled in South Australia to be registered as proprietor of a trade mark under Part I. of this Act.

I n the name and on behalf of Her Majesty, I hereby assent to

this Bill. KINTORE, Governor.

SCHEDULE

Trade Marks Act.-1892.

SCHEDULE.

GENERAL RULES UNDER PART I. O F "THE TRADE MARES

ACT, 1892."

1. These rules may be cited as the Trade Marks Rules, 1892," and are divided Title-

into four parts.

PART I.

Interpretatio?t.

2. In the construction of these rules any words used herein, defined by Part I. of the Trade Marks Act, 1892, shall have the meanings thereby assigned to them respectively. Interpretation.

Fees .

3. The fees to be paid in pursuance of the said Act shall be the fees specified in Fees.

Part 11. hereof. Part II.

C'lnasification of Goods.

4. For the purpose of trade marks rcgistr;rtion and of these rules, classified in the manner appearing in Part 111. hereof. are Cla~siflcation of eoodn.

If any doubt arise as to what Part 111.

class any particular description of goods belongs to, the doubt shall be determined by	mttled.
the Commissioner.

Application for. Registmtzon.

5. An application for registration of a trade mark shall be made in the Form A in Part IT. hereof. Form of application.

All applications shall be addressed t o the Commissioner of Trade Marks, and be To whom addresaed and

sent to the Patent Office (Trade Marlrs Branch). sent.

6. An application for registration of a trade mark, if made by any firm or partner- Application by firm.

diip, may he signed by some one or more meinberv of the firm or partnership, as the

case may be.

7. If the application be made by a body corporate it may be signed by the secretary BY body corporate.

or other principal officer of such body corporatc.

8. An application fo r registration, and all other communications between the Agency.

rised to the satisfaction of the Commissioner; such authority may be in Form D in applicant and the Commissioner, may be made by or through an agent duly autho- Part IV. hereof.

9. When an applicant is out of South Australia, he shall with his application lodge A"resn

an address for service in thc Form E in Part IV. hereof.

10. On the receipt of thc application the Commissioner shall furnish the appli- t$~8z::fl~~~~ Of

cant with an acknowledgrncnt thereof.

applicant or his predecessors in business, before the passing of the said Act, the 11. Where an application is made to register a trade mark which was used by the formof of

application shall contain a statement of the time during which and of the person by

whom it has been so used in respect of the goods mentioned in the application.

12. Subject to any other directions that may be given by the Commissioner all S h &U.J Of ~ u m e n t s.

applications, notices, and counter-statements, representations of marks, papcrs haviog representations affixed or other documents required by the said Act or rules to be left with or sent to the Commissioner, shall be upon strong foolscap paper, on one side only, of a size of 13in. by Bin., and shall have on the left-hand side thereof a margin of not less than 2in.

13. Subject to any other directions that may be given by the Commissioner, three representations of each trade mark must be supplied upon paper of the size aforesaid, and mu& be of a durable nature; one such reprcscntation must be made upon or affixed to the form of application, the others upon separate sheets of the size dore- said. In. the case of trade marks exceeding the limits of the paper of the size afore- said, such marks may be mounted upon linen affixed and folded upon such application. ? $ y t a t i o ~ o f k d e

14. Where

24 VICTORIE, No.

Trade Marks Act. -- 1892.

Specimen copy.

14. Where a drawing or other representation or specimen cannot be given in

manner aforesaid, a specimen or copy of the trade mark rnay be sent eithcr of full

size or on a reduced scale, and in such form as the Commission~r may think most

convenient.

Fresh copy.

15. The Commissioncr may, if dissatisfied with the rcprescctation of a trade mark, require n fresh representation, either before he proceccls with the application or before he registers the trade mark.

Deposited copy,

16. The Commissioner may idso in exceptional cases clcposit in the Patent Ofice (Trade Marke Hranch) a specimen or ropy of any trade mark which cannot bc con- veniently be shown by a representation, and may refer thereto in thc register in such a manner as he may think fit,

Representation of a

17. When an application relates to a series of trade marks differing from one another in respect of thc particulars mentioned irl scctioa 10 of the Act, n represen- tation of each trade mark of the scrics shall be made or affixed upon the form of application and also upon each of the separate sheets of paper aforesaid.

series of trade marks.

Translation of foreign 18. Wherever a mark consists of or includes words p~ in t cd in other than Roman

characters.	character, there shall bc glven at thc foot or on the back of each representation a
translation of such am&, signed by the applicant or his agent.
Mode of sending notices,	19. Any application, statement, noticc, or other documents authorised or re- quired to be loft, made, or given a t thc I'ntent Office (Trade Marks Branch), or to the Cornmissioner, or to a n y other person under these rules, may be sent by a prepaid letter through the post, and if so sent shall be deemed to have been left, made, or given respectively at the time whm the letter containirlg the same would be clelivered in the ordinary course of post.
Cc.
Proof of service.	I n proving such service or sending, it shnll be sufficient to prove that the lettcr was properly addressed and p i t into the poqt.
Hearing by	20. Before exercising any discretionary power givcn to the Commissioner by the said Act adversely to the applicant for re#istration of n trade rnnrk, the Commissioner shall give to him or his agent ten days' notice, or such longer notice as hc may think
Commissioner.
fit of his intention. Such notice to be in Form E' (1) in Part 11'. hereof. I
Notice of wish to be
heard before the	21. Within five days from the datc when such noticc \vould be delivered in thc ordinary course of or within such longer time as the Commissioner may in such notice appoint, the applicant shall notify to the Commissioner whether or not he in- tends to be heard upon the matter. Such notice to be in Form F (2 ) in Part 1V. hereof.
commissioner.

Attrndnncc of applicant. 22.

Whether the applicant desires to be heard or not, the Commi~sioner may at any time require him to submit a stiltcmcnt in writing within a time to he notified by the Commissioner, or to attend before him and makc oral explanations with rcspect to his

npplic t' R ion.

Notification of	decision.	23. The decision of the Commissioner in the exercise of such discretionary power as aforesaid hall be notified to the applicant.
24. When any person intends to appeal to a Judge from a clecision of the Commis- sioner, in any case in which an a\.peal is given by the %did Act, he shall within one month from the date of the decision au~ealecl against leave at the Patent Office (Trade Marks Branch) a notice (in G of"1'srt TV. hereof) of such his
i n tention.

25. Such notice shall contain a statement in writing of the grounds of appeal. I

26. Where thcre has becn wi opposition before the Commissioncr a copy of such notice of intention to appeal shall be fortliwith sent to the opponent or applicant, as the case may be.

27. An appeal to a Judgc from a decision of thc Commissioner shall be by summolls in Chambers to ~ 1 1 0 ~ cause why the clccision or part of the decision, as the

case may be, of the Con~mivsioner should not, on the grounds set forth in the notice of appeal, be reversed or, as the case may be, varied in particulars to be stated in the summons and such summons may be adjourned into Court. Such summons shall be taken out within two clear clays of the lodging of the notice of appeal, and a copy of the noticc of appeal, signed by the appellant or by any other person duly authorised by the appellant, shall be annexed to the summons, and such summons shall be returnable seven clear days after service or such shorter time as a Judge may in any particular case direct, and shall be served on the Commissioner and (where therc has been opposition before him) also on the opponent or applicant, as thc case may be.

P- p

28. A Judge may give such directions (if any) as he may think fit with respect to evidence or otherwise for the purpose of hearing an appeal against a decision of	the
Commissioner.

29. No appeal from the decision of the Commissioner shall be entertained of which notice has not been given within one month from the date of the decision appealed against, or such further time as the Commissioner m;ly allow, except by special leave, and upon such tcrrns as to costs or otherwise its a Judge may think fit.

30. Subject to the direction and leave of ~1 Judge the evidencc to be used on appeal from a decision of the Commissioner to him in the matter of opposition shall be the satne as that used at the hearing before the Commiwioner. On such appeal the Judge may make such order as to costs as he may think fit, including costs as between solicitor and client and the costs of the proceedings before the Commissioner; but no costs shall in any case of appeal against the decision of the commissioner be given against the Commissioner.

Aduertiscrnent of App l i ca t io t~

31. Every application shall be advertised by the Commissioner in the Qovernment Gazette during such times and in such a manner as the Commissioner may direct,

Advertisement of

application.

unless he refuse to entertain the application.

32. If no representation of thc mark be inserted in corinection with the advertise- ment of an application, the Commissioner shall refer in such advertisement to the

Where no representation

advertised.

place or places where a specimen or representation of the mark is deposited for

exhibition.

33. The official paper for the purposes of these rules shall be the Government Garetle, or such other paper as the Commissioner may from time to time direct.

Deflnition of offloial

paper.

34. For the purposes of such advertisement the applicant may be required to furnish to the Government Printer, or to the printer of such otlicr paper, a wood block or

trade mark tobe supplied

Meana of advertising

to offlcia, paper.

electrotype (or more than one if necessary) of thc trade mark, of such dimensions as may from time to time be directed by the Commissioner, or with such other informa- tion or means of advertising the trade mark as may be required by the Commissioner; arid the Commissioner, if the Government or other printer be dissatisfied with thc block or electrotype furnished by the applicant or his agent, may require a fresh block or electrotype before proceeding with the advertisement.

35. When an application relates to a series of trade marks differing from one another in respect of the particulars mentioned in section 10 of the Act, the applicant

Advertisement of aetiea.

may be required to furnish to the Government Printer or to the printer of such othcr

paper 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 Commissioner may, if he thinks fit, insert with the advertisement of the application a statement of the manner in respect of which the several trade marks differ from onc another.

Opposition to Reyistratiow - -

36. Every notice of opposition to the registration of a trade mark shall state the ground or grounds on which the opponent intcnds to opposc the registration, and be	Notfco of opposition.
signed by him or by hia agent, and shall also contain an address for service in South
Australia, and shall be in the Form H in Part TV. hereof, with such variations as

circnmstances mav reauire. ..

37. Where the ground, or one of the grounds, of opposition is that the applicant is upplying for the registration of a mark identical with one already on the register,	oftrad? mark already on
0 position on the ground
the repater.

with resr~ect to the same goods or description of goods, or having such resemblance

to a mark already on the;egi:ister with r&pect to inch goods or Xescription of goods as to 'be calculated to deceive, thc notice shall state the date of registration, and the number on the register of such trade mark already on the register.

38. Within two months after the expiration of one month, or such further time not exceeding three months, as the Commissioner may allow from the date of the adver- tisement of the application, the opponent shall leavo at the Patent Office (Trade Marks Branch) such evidencc by way of statutory declaration as he may desire to Opponent% evidence.

adduce in support of his opposition, and deliver to the applicant copies thereof.

declarations, the applicant shall leave at the Patent Officc (Trade Marks Branchj his evidence in reply. 39. Within one month of the delivery of the opponent's copies of his statutory Applioant'e evidence-

evidence by way of statutory declaration in answer, and deliver to the opponent copies thereof, and within seven days from such delivery the opponent hall leave at the said office his evidence by way of statutory declaration in reply, and deliver to the applicant copies thereof. Such last-mentioned evidencc shall be confined to

matters

D-551

55' & 56" VICTORIAZ, No. 551. p-. - p - L . -P -\ -. --

Trade Marks Act.- 1892.

matters strictly in reply. The counter-statement, required by section 13, must also be delivered by the applicant within one month from the date of the receipt of the opponent's notice of opposition, or such further time as the Commissioner may allow.

Cloning of evidenoe.	40. No further evidence shall be left on either side, except by leave of the Com- missioner, upon the written consent of the parties duly nohfied to him, or by special leave of the Commissioner, given on an application macle to him.
to adduce further

Application for leaye 41. Either party making such application shall give notice thereof to the opposite

eviflence. party, who shall be entitlcd to oppose thc applicatibn.

Appointment of time 42. On the completion of thc cvidenae, the Com~nissiotlcr shall appoint a time for

for hearing.

the hearing of the casc, and shall give the parties at least seven days' notice of such

appointment.

Disallowance of oppo-

43. On the hearing of the case no opposition shall be allowed in rcspect of any ground not stated in the notice of opposition, and where the ground or one of the grounds of opposition is that registration is being applied for in respect of a trade mark identical with one a l r~ady on the register with respect to thc same goods or description of goods, or having such resemblance to a trade mark already on the register with respect to such goods or description of goods as to be calculated to deceive, the opposition shall not be allowed upon such ground, unless the date of registration and the number on the register of thc said trade marlr already on the register have been duly specified in the notice of opposition.

aition in certain cases.

to parties.

Decision to be notifled 44. The decision of the Commissioner in the case shall be notified to the parties.

Register of Trc~rle Marks.

Time of registration, 45. As soon as may be after the expiration of one month from the date of the advertisement of the application, the Conlrnissioncr shall, subject to opposition of the application and the detcrrnination thcrcof, ii' hc is satisfied that the applicant is entitled to registration, and on paylnent of t l~e prcscribed fec, enter thc nanle.address, and description of the applicant in the register of trade marks as thc registered pro- prietor of the trade mark in respect of the particular goods or class of goods described in his application.

Where applicant dies	4G. In the case of the death of any applicant for a trade mark after the date of his
befcrc regi&,tration, the

trade mark may be	application, and before the trade mark applied for llnq been entered upon the register,
rcgiukreil for iuccr~fior	the Commissioner, after the espiration of thc prescribed period of adre1 tiscment, may,
to goodwill of business.	on being satisfied of the applicant's death, enter on the register, in place of the name of such deceased applicant, the name, acldress, and description of the person owning the goodwill of the business, if such ownership bc proved to the satisfaction of the Commissioner.
Entries to be made in	47. Upon registering any trade mark, tllc Commissioner sliall enter in the register the date on which the application for re@stration was rcceived by the Commissioner, and such othcr particulars as he may thmk necessary. Upon payment of the pre- acribed fee at the expiration of fourteen yrars entry of the continuanctt of the trade mark shall bc made in the register.
register.

The Conmissioner shall send notice to the applicant of the registration of his trade mark, together with a reference to the advertisement of such trade mark in the

48.

official paper.

Notice of reatration.	49. Where a person becomes entitled to a registered trade marlr by assignment, transmission, or other operation of law, a request, in the Form I in Part IV, hereof, for the entry of his name in the register as proprietor of the trade mark shall be addressed to the Commissioner, and left at thc l'atcnt Oftice (Trade Marks Branch).
Request b j eubsequent	50. Such request shall, in the case of an individual, be macle and signed by the person requiring to be registered as proprietor, and in the casc of a firm or partner- ship, by some one or lnorc incmbcrs of such firm or partnership, or in either case by his
proprietor.
Signature of request.	or their agent respectively, duly authorised to the satisfaction of the Commissioner, and in the case of a body corporate, by the secretary or other principal officer of such body corporate.
51. Every such request shall state the name, address, and description of the person claiming to he entitled to the trade mark (hereinafter called the claimant), and the particulars of the assignment, transmission, or other operation of law, by virtue of
Cantents of requeot.	which he requires to be entered in the register as proprietor, so as to show the 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 thc business concerned in the particular goods or classes of goods for which the trade mark has bccn registered.

52. Every

55' & 56" VICTORIW, No. 551.

62. Every such request shall be accompanied by a statutory declaration to be Declarationto

thereunder written, verifying the several statements therein, and declaring that the Bcoompanyrequeat+

particulars above described comprises every material fact and the material part of

every document affecting the proprietorship of the trade mark as claimed by such

request.

53. Every claimant shall furnish to the Commissioner such other proof of title and Further proof of title ii

of the existence and ownership of such goodwill as aforesaid as he may require for reqwed.

his satisfaction.

54. A body corporate may be registered as proprietor by its corporate name. ~ o d y corporate.

55. The term applicant sball include each of several persons claiming to be Definition of appliaent.

registered as proprietor of the same trade mark.

56. Whethcr all such pcrsons so claiming requirc to be heard before the Cam- ~;~ ,"~; ," ;C$~from

missioner or not, he may, before exercising the discretion vested in him by section 15 *,l	,l,h,,t,.
of the 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 Commissioner may require.

5'1. Where each of several persons claims to be registered as proprietor of the subn+aaion tosourt ot

same trade mark, and the Comrnisuioner refuses to register any of them until their cO"fl'ct'np

rights have been determined according to law, the manner in whiclr the rights of

such clai~nants may be subrnittcd to thc Supreme Court by the Commissioner, or if

the Commissioucr so requirc, by the claimants, shall, unless such Court shall othcr-

wise order, be by a special case; and such special casc shall be filccl and proceeded

with in like manner as any other special case submitted to the said Court, or in such

other manner as such Clourt may direct.

58. Where the special case is to hc submitted by the parties i t may he agreed to settlement of special

by them, or, if they differ, may he settled by the Commissioner on paynient of the Case'

prescribed fees.

58. Where an order has been made by the Supreme Court or a Judgc in either of the following cases, viz. :- Order of Court.

( a ) Allowing an appeal undcr scction G of the said Act;

(b j Disallowing an opposition to registration undcr section 13 ; or

( r ) Under thc provisions of section 16, 29, or 33 of thc said Act;

the person in whose fsvor such order has been made, or such one of them, if morc than one, as the Commissioner may direct, shall forthwith leave at the Patent Office (Trade Marks Branch) an office copy of such order. The register shall thereupon

be rectified or altered, or the purport of	such order shall otherwise be duly entcrcd
in the register, :LS the case may be.

GO. Where a trade mark has beeu reinoved from the registcr for non-payment of

thc prescribed fcc or otllcrwise, thc Commissioncr shall cause to be entered in the

register a record of such removal and the causc thereof.

Removal of mark from

61. If the registered proprietor of a tradc mark send to the Clornmissioner, Alterationof addresain

together with the prescribed fee, notice of an alteration in his address, the Com- "gister.

missioner shall alter the rcgister accordingly. Such notice may be in the Form J in

Part TV. hereof.

62. Four clear days' notice of every application to the Suprcme Court for rectifica- ~; $, " ~ ~ ~ ~ ~ ~ ~ ~ y n e ',

tion of the register shall be givcn to the Commissioner. register.

63. Whenever an order is made by lllc Court for making, expunging, or varying Publication of rect~ficc-

an cntry from or in the rcgister, thc Commissioner shall, if he thinks that such f, " z: i n o t

rectification or variation should be made public, and at the expense of the person

applying for the same, publish by advertisement or otherwise, and in such a manner

as he thinks just, the circumstances attending such rectification or variation in the

register.

64. Whenever the registered proprietor of any trade mark intends to apply for the ~; ~; ; $ o ~ C ~ ~ ~; ~

leave of the Court to add to or alter such trade mark, under section 33 of the Act, the	trade mark.
notice to be given to the Comnlissioner shall be given fourteen days a t lcast before such application. If lcave be granted on such application, the applicant shall forthwith supply to the Commissioner such a number of rcpresontations of the trade mark as altered as he may deem sufficient.

Inspection of Register.

65. The register of trade marks shall be opcn to the inspection of the public, on Houraof inrrpectlon.

paylncnt of thc prescribed fcc, on every week day during ordinary ofice hours, except

on thc-

(a) Uays notified as public holidays;

(6) Days

No.

Trade Marks A c t. 1 8 9 2.

(b ) Days which may from time to time be notified by a placard posted in a

conspicuous place at the Patent Oflice;

(c) Times when the register is required for any purpose of official use.

Powar to waive Kepuirernsnts.

Dispeneing with

nquirementa.	66. 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 the Commissioner, or at the Patent Office, and i t is shown to the satisfaction of the Commissioner that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or makc such declaration, or that such document or evidence cannot bc produced or left as aforesaid, i t shall be lawful for the Commis- sioner, upon the prGduction of such other evidence, and subject to such terms as he may think fit, to dispense with such act or thing, document, declaration, or evidence.
Amendment oi	67. 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 Commissioner may be obviated without dctriment to the interests of any person, may be correctcd, if the Commissioner think fit, and on such terms as he may direct.
documents.

Edargement of Time.

Commissioner may

enlarge time.

68. Thc time prcscribed by these rules for doing any act or taking any proceeding

thereunder may be enlarged by the Commissioner if he think fit, and upon such notice

to otherparties and proceedings thereon, and upon such terms as he may direct.

Certiflcate by Commis-

smner.

69. The commissioner, when required to give any certificate as to any entry, matter, or thing which he is authorised by the Act or any of these rules to make or do, may, on the receipt of a request in writing, and on payment of the prescribed fee, give such certificate; but every certificate of ~egistration shall have specified on the face thereof whether the same is to be used in legal proceeclings or for the purpose of obtaining registration in any other colony or country, or for purposes other than use in legal proceedings or obtaining registration elsewhere.

Xfanner in which and

persons before whom 70. The statutory declnrations required by the said Act and these rules, or used in

cleclnrntion is tobe taken. any proceeding thereunder, shall be made and subscribed as follows :-

( a ) In South Australia before any person authorised by law in any part of Sonth Australia to take a declaration;

( b ) In any other part of Her Majesty's dominions before any Court, Judge,

Justice of the Pence, or any officer authorised by l a r to administer an oath

or take a declaration therc; and

(G) If madc out of Her Majesty's dominions beforc a British Minister or person exercising thc functions of a British Minister or a Consul, Vice-Consul, or other person exercising the functions of a British Consul, or a notary public, or before a Judge or Magistrate.

Notice of seal of ofher

taking declaration to

71. Any document purporting to have affixed, impressed, or subscribed thereto or thereon the seal or signstnre of any person hereby authorised to take such decla- ration, in testimony of such declaration having been made, subscribed before him, may bc admitted by the Commissioner without proof of the genuineness of any such seal or signaturc, or of tlle official character of such pcrson or of his authority to take such declaration.

prove itself.

Fees.

1. On application to registcr a trade mark for one or more articles f: S. d.

included in one class .................,.................... 0 5 0

2. For registration of a trade mark for one or more articles included in

one class .............................................. 1 0 O

3. For registration of a series of trade marks, for every additional

reprcscntation after the first one in each class ................ 0 5 0

4. On appcal from Commissioner to Judge by appellant .............. 0 10 0

5. o n

55' & 56' VICTORIA3, No. 551. -- W ---p--- - - -.--- --.v

Trade Marks Act.-1892.

S S. d.

5. On notice of opposition, for each application opposed by opponent. .	0 10 0
6. On application to register a subsequent proprietor in cases of assign-

ment or transmission, the fimt mark .......................... 0 5 0

7. On registration thereof ...................................... 0 10 0

8. On registration of every additional mark assigned or transmitted at

the same time .......................... ... .. .. .. .. .. .. .. 0 5 0

g. On registration of continuance of mark at expiration of fourteen years	l	0 0
10. Additional fee, where fee is paid within three months after expiration

of fourteen years ......................................... 0 10 0 I 1. Additional fee for restoration of trade mark, where removed for non-

payment of fee .......................................... 1 0 0

12. For altering address on register for every mark .................. 0 2 6

13. For every entry in the register of a certification thereof, or an altera-

tion therein not otherwise charged, ........................... 0 10 0

14. For cancelling the entry or part of the entry of a trade mark upon the

register, on the application of the owner of such trade mark .... 0 5 0

15. On request to Commissioner to collect a clerical error, or permit amend-

ment of application under section 3 0. . ........................ 0 5 0

16. For certificate of refusal to register a trade m a ~ k under section 21. . 1 0 0

17. For certificate of refusal at the same time for more than one trade mark,

for each additional trade mark after the first .................. 0 5 0

18. For certificate of registration to be used in legal proceedings ...... 1 0 0

19. For ccrtificate of registration to be used out of South Australia for the

purpose of obtaining registration ............................ 0 5 0

20. For certificate of Commissioner othcr than certificate of registration, to be used in legal proceedings or for the purpose of obtaining rcgistra- tion out of South Australia .................................. 0 5 0

21. For copy of notification of registration .......................... 0 2 6

22. Settling a special case by Commissioner ........................ 1 10 0

23. For inspecting register ...................................... 0 1 0

24. For making a search among thc classified representation of trade marks 0 1 0

25. For ofice copy of documents, for every seventy-two words, but never

less than One Shilling ................................... O 0 6

26. For certifying office copies, MS. or printed, per folio, but not less than

One Shilling ............................................ 0 0 2

27. For a sketch or copy of a trade mark, ~ u c h fee as may be determined

in each case by the Commissioner.

C2nss~~cation of Goods.

N o T E. - - T ~ ~ goods mentioned below are by way of illustration, and not as an exhaustive list of

the contents of a class.

CZass l.-Chemical substances used in manufactures, photography, or philo-

sophical research, and anti-corrosives. Such as-

Acids, including vegetable acids	;	Figments
Alkalies	l	Mineral dyes

Artists' colors 1

CZass 2.-Chemical substances used for agricultural, horticultural, veterinary, and

sanitary purposes. Such as-

Artificial manures	Deodorisers
Sheep washes	Vermin destroyers
Cattle medicines

Class 3.-Chemical substances prepared for use in medicine and pharmacy. Such

ar3-

Tinctures	Cod-liver oil
Extracts	Medicated articles
Barks	Plasters
Patent medicines	Rhubarb

55' & 56" VICTORIJE, No. 551:

Trade Marks Act.-l 892.

CZass 4.-Raw or partly-prcpared vegetable, animal, and mineral substances uaed

in manufactures not included in other classes. Such as-

Resins	Seeds
Oils	Glue
Dyes	Bone
Tanning substances	Sponge
Fibrous substances (e.g., cotton,	Bristles

hemp, flax, jute) Hair

Wool	Feathers
Silk	Coal
Cork	Coke

Class 5.-Unwrought and partly wrought metals used in manufacture. Such as-

Iron and Steel- Wire

Pig or cast Lead, pig

Rough rolled

Bar and rail, including rails for 'L sheet

railways C ~ P F

Bolt and rod	Zinc
Sheets and boiler and armor	Gold in ingots

plates

Hoops

Class 6.-Machinery of all kinds and parts of machinery, except agricultural and

horticultural machinery included in Class 7. Such as-

Steam-engines Sewing machines

Boilers	1	Weighing machines
Pneumatic machines	Machine tools
Hydraulic machines	l
Mining machinery
Locomotives	Fire engines

Class 7.-Agricultural Such as- and horticultural machinery and parts of srich machinery.

Ploughs	Garden implements
Drilling machines	Cider presscs
Reaping machines	Beehives
Threshing machines	Churns
Drainage implements	Chaffcutters
Dairy implements

Class 8.-Philosophical instruments, scientific instruments and apparatus for

useful purposes, instruments and apparatus for teaching. Such as-

Mathematical instruments Spectacles

Logs I Educational appliances

Class 9 .Mus ica l instruments

Class 10.-Horological	instruments
0 ~ ~ s

l l .-Instruments, or curative purposes, or in relation to the health of man or animals. apparatus, and contrivances, not medicated or surgical

Such as-

Bandages	Fleams
Friction gloves	Enemas
Lancets

Chss 12.-Cutlery and edge-tools. Such as- I

Knives	/	Needles
Forks	Hoes
Scissors	Shovels
Shears	Corkscrews
Files	Tweezers
Saws	Button-hooks

Class 13.-Metal goods not included in other classcs. Such as-

Anvils Basins (metal).

Keys I

Glass 14.-Goods of precious mctals (including aluminium, nickel, britannia metal,

&C.), and jewellery, and imitations of such goods and jcwcllcry. Such ss-

Plate	Sheffield and other plate4 goods
Clock-cases	Gilt and ormolu work

Pencil-caaes CZass

7 556 & 56' VIC?'ORfW, No. 551.

Trade Marks A c t. 1 8 9 2.

-

Class 15.-Glass. Such as-

Window and plate glass Glass mosaic

Painted glass / Glass for optical purpose^

Class 16.-Porcelain earthenware. Such as-

China	Statuary porcelain
Stoneware	Tiles

Terra-cotta l Bricks

(7lass 17.-Manufactures from mineral and other substances for building or deeora-

tions.	Such as-
Cement Imitation marble
Plaster 1 Asphalt

Class 18.-Engineering, architectural, and building contrivances. Such as-

Diving apparatus	Lighting contrivances
Warming apparatus	Drainage contrivances
Ventilating apparatus	Electric and pneumatic bells

Filtering apparatus 1

Class 19.-Arms, ammunition, and store8 not included in Class 20. Such aa-

Cannon	Shot and other projectiles
Small arms	Camp equipage
Fowling pieces	Military equipment8
Swords	Military accoutrements

Class 20.-Explosive substances. Such as-

Gunpowder	Percussion caps
Gun-cotton	E'ircworks
Dynamite	Cartridges
Fog signals

Class 21.-Naval architectural contrivances and naval equipments not included in

Classes 19 and 20. Such as-

Boats	Windlasses
Anchors	Rigging
Chain cables

Class 22.-Carriages. Such as-

Railway carriages	Velocipedes
Wagonv	Bath chairs
Railway trucks

Class 23.-Cotton	yarn and thread.
Class 24.-Cotton	piece goods of all kinds. Such as-

Cotton shirtings. I Long cloth

Class 25.-Cotton goods not included in Classes 23, 24, or 38. Such as-

Cotton lace Cotton tapes

Cotton braids I

Class 26.-Linen	and hemp yarn and thread.
Class 27.-Linen	and hemp piece goods,
Class 28.-Linen	and hemp goods not included in Classe~ 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.

Clccss 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,	worsted, and hair goods not included in Classes 33 and 34.
Class 36.-Carpets,	floorcloth, and oilcloth. Such as-

Drugget Rugs

Mate and matting	I
~5~ & 56" VICTORIR, No. 551.

Trade Marks Act.-1892. -- "

-.

Class 37.-Leather, skins, unwrought and wrought, and articles made of leather

not included in other classes. Such ss-

Saddlery Furs

Harness	I	Whips
Portmanteaux

Class 38.-Articles of clothing. Such as-

Hats of all kinds Gloves

l

Caps and bonnets Roots and shoes

Hosiery 1 Other ready-made clothing

Class 39.-Paper (excepting paperhangings), stationery, and bookbinding. Such

88-

Envelopes Inks

' Sealing-wax Playing cards

Pens (including stccl pens, and Blotting cases

excepting gold pens) 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	Japan goods
Papier rnachk	M attresses
Mirrors

Class 42.-Substances used as food, or as ingrcdicnts in food. Such as-

Cereals	Starch
Pulses	Sugar
Oils (olive)	Preserved meats
Hops	Honey
Malt	Confec tionsry
Dried Fruits	Biscuits
Tea	Oilcakes, &c.
Spice	Pickles
Sago	Vinegar
Salt	Beer clarifiers

Class 43.-Fermented liquors and spirits. Such as-

Beer	Whisky
Cider	Liqueurs
Wine

Class 44.-Mineral	and aerated waters, natural and artificial, including gingerbcer.
Chss 45.-Tobacco,	whether manufactured or unmanufactured.

C'lass 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 Collas

Benzine I

Class 48.-Perfumery hair, and perfumed soap). (including toilet articles, preparations for the teeth and

%ss 49.-Qames of all kinds, and sporting articles not included in other classes.

Such as-

Billiard tables Fishing nets and lines

Roller skates 1 Toys

Class 50.-Miscellaneous, including-

(1) Goods manufactured from ivory, bone, or wood not included in other classes.

(2) Goods manufactured from straw or grass not included in other classes.

(3) Goods manufactured from animal and vegetable substances not included in

classes.

(4) Tobacco pipes.

(5) Umbrelhs, walking sticks, brushes, and combs.

(6) Furniture cream, @ate powder.

(7) Tarpaulins, tents, rmk cloths, rope, twine. (8) Buttons

55' & 56' VICTORIA<, No. 551.

Trade Marks Act,-1892. --

(8) Buttons of all kinds other than of precious metals or imitations thereof.

(9) Packing and hose of all kinds.

(10) Goods not included in the foregoing classes.

Such as coopers' ware.

GENEUAL NOTE.--^^ wares made of niixed materials (for example, one of both aothn and silk)

shall be included in such one of the classee appropriated to those materials as the Commissioner may

decide.

PART IT,

FORM h.

TRADE MARKS ACT, 1892.

Application for Re,q!(listmtion o f Trade M a r k,

N o ~ ~. - h e representa-

tion to be fixed within this square, and two others to be sent on separate sheets

of same size, 13 inches by

8 inches. Representations of a larger size may be mounted on linen, affixed and folded hereon.

You nre hereby requested to register the accompanying trade mark in Class

[only goods contained in one and t h ~ mrnr clrrss should be set out here; a separde

application is required f o r each sepczrate clns\] in respect of

in thc name of [insert f zdl name, artdress, and occupution ; add traditag style if

necessa~y] of who claims to be the proprietor thereof [where trade

mark used by applicant before the pnssing of the said Act; add statement of t ime

during which, and o f the person by whom, i t has	been so used	i n respect o f the goods
mentioned.]

Registration fee, E	,	enclosed herewith.
Dated this	day of 189

[Signature of applicant.]

To the Commissioner of Traclc Marks.

Patent Office, (Trade Marks Branch).

FORM R.

TRADE MARKS ACT, 1892.

Additional Represe?ttation of Trade $Park to accompany App lka t ion f o r Regislmtion.

One representation of the trade mark to be affixed within this square.

It must correspond ex- actly in all reepecta with the representation affixed to the application form.

Any represention of a larger size may be mounted upon linen, affixed and folded hereon.

[Signature of applicant.]

NOTE.-TWO of theso addition81 reprosontations of the trade mark must itcoonlpany each form of application.

E-65 1 FORM

No.

B a d e Marks Act.-1 8Y 2.

FORM C.

TRADE MARKS ACT, 1892.

Application where Applicant desires to add to the esventid particulars menbloned in

Section 8.

Form A to befollowed.

After the words "who claims to be the proprietor thereof," add-

The essential pparticulsrs of the trade mark are the following :-[ 1, and I

disclaim any right to the exclusive use of the added matter.

FORM D.

TRADE MARKS ACT, 1892.

Appoinbmertt of Agent and Address for Service,

1, , of , hereby

appoint, of to act as my agent in respect of my application for the registration of tradc mark in Class, in respect of, and request that all notices, requisitions, and communications relating thereto may be sent to such agent at the above address.

Dated this day of

[Signature of Applicant.]

To the Commissioner of Trade Marks,

Patent Office (Trade Marks Branch).

FORM E.

TRADE MARKS ACT, 1892.

Address for Service when AppEicanE is out o f XotctA Azcstrnlicc.

1, , of . hereby request that all noticcs, rcquisitions,

and communications in respect of my application for the registration of a trade mark

in Class	,	in respect of	, may be sent to	a t [within
South Australi~c].

Dated this day of

[Signature of applicant..^

To the Commi~sioner of Trade Marks,

Patent Office (Trade Marks Branch).

FORM F (l).'

T R A ~ MARKS ACT, 1892.

Notice of Intention of Commissioner to exercise a Discretionnry Pozcer cc[lversely to Applicant .

Patent Office (Trade Marks Branch),

[Date]

In the matter of an application No. by , of

You are hereby notified that it is my intention to upon

thc grounds that

If you desirc to be hcard hereon you must notify me thereof within fivc days of thc

receipt hereof, when I will appoint a time when you may be heard; otherwise at the

expiration of the said time an order will be made to the above effect.

, Commissioner of Trade Marks.

To

FORM F (2).

TRADE MARKS ACT, 1892.

Application to be heard befire the Commissioner.

In the matter of an application No. 3 by 9 of

1, , of , hereby apply to be heard in reference to

and request that I may

receive due notice of the day fixed for the hearing.

[Signature of applicant.!

To the Commissioner of Trade Marks,

Patent Office (Trade Marks Branch). FORM

55' & 56' VICTORIB, No. 551.

Dude Marks Act.-1 892.

FORM Q.

TRADE MARKS ACT, 1892.

Notice of Appeal from the Commissioner to a Judge.

I n the Matter of an Application No. 7 by of

1 [here insert full name and add~ess of appellant], hereby give notice of my inten-

tion, upon the grounds hereunder written, to appeal to a Judge from [here insert the decision or that part of decision, us f h e case may be], of the Commissioner of the day of, 18 , whereby he [here insert the decision conzplained of].

GROUNDS O F APPEAL.

1. That, &c.

a. &c.

[Signature of applicant. j

Dated the day of 18

To the Commissioner of Trade Marks,

Patent Office (Trade Marks Branch),

And to [name of respondent to appeal].

Notice of Opposition to Applz'cationJor Registration.

(To be accornpmied by n duplicate.)

I n the mattcr of an Application No. 3 b 3 of

I [here state full name and full address], hereby give notice of my intention to

oppose the registration of the tradc marlr advcrtised under the above number for

Class in thc [here state in what paper], of the day of 18 .

The grounds of opposition are as follow :-

(l) &c.

My address for service in South Australia is

[lSignature of applicant.]

Dated the day of 18 .

To the Commissioner of Trade Marks,

Patent Office (Trade Marke Branch).

FORM I.

TRADE MARKS ACT, 1892.

Request to enter Name of Suhequent Proprietor of Trade mark upon the Register,

with Declaratio./~ ira Support thereof,

I [here slate ufuZl name, address, and occupation], hereby request that you will

enter [my or our] name in the Register of Trade Marks as proprietor of the trade

mark No. in Class I am [or WC are1 entitled to the said trade mark and to thc goodwill of the business concerned in the goods with respect to which the sttid trade mark is ragiutered.

[Here state loltether trade mark transmitted by death, marriage, insolvency. or other

operation of law, giving particulars thereof; qy

names ofparlies thereto].

by asaipmenl, give date of deed and

And I 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 tradc marks as above claimed.

And I make this solemn declaration conscientiously believing the same to be true, and hy virtue of the provisions of an Act made and passed in the fifth and sixth years of the rciga of His late Majesty King VCTilliam the Fourth, intituled "An Act to amend an Act of the present sewion of Parliament, intituled ' An Act for thc more effectual abolition of oaths and affirmations taken and made in various departments of the State and to substitute declarations in lieu thereof, and for thc more entire suppression of voluntary and extrajudicial oaths and affidavits, and to make other provisions for abolition of unnecessary oaths.' "

Declared at

this day of

before me- l8 1

To the Commissioner of Trade Marks,

Patent Ofice (Trade Marks Branch). FORM

No.

Trade Marks A c t. 1 8 9 2.

FORM J.

TRADE MARKS ACT, 1892.

Notice of Application for alteration of address or8 Register of Trade rMrcrka.

In the matter 01 the Application No. registered in Class

Notice is hereby given that I of , the registered proprietor

of the trade mark numbered as above, desire that my address on the Eegister of Trade Marks be altered to. The prescribed fee of Five Shillings is enclosed herewith.

Dated this day of 18

[Signalare of proprietor.]

To the Commissioner of Trade Marks,

Patent Office (Trade Marks Branch).

FORM K.

THE TRADE M A R K S ACT, 1892.

Applicabion by Proprietor of Begistered Trade Mark to cancel Entrtj on Register.

a a a

I n the matter of the Trade Mark No. Class

"4-3-

2.d M advertised in No. , page

S "W Name of registered proprietor or firm-

ga 0 Place of business-

28 j$

3% I, the undersigned, of [or, I, the undersigned,

2-h W a , a member of the firm of o f

" Zz on behalf of m y said firm], apply that the entry upon the Register of Trade

3 3 Marks in Class of the trade mark No. may he cancelled.

3 E a

.p$ The day of 18

8 8

~c %a [ S i g n a t w e ofproprietor.]

To the Commissioner of Trade Marks,

Patent Office (Trade Marks Branch).

FORM L.

Declaration i n Support of applicntio?~ for C'uncellatiot~ of Trade Mark by owner.

I, of Coy

a member of the firm of 1, do hereby solemnly and sincerely

declare as follows :-

l. The application signcd by me, and dated the day oof

18 and marked with the letter " " and shown to me at the time of making

this delaration is true.

S. I am the person whosc name appears on the Hegister of Trade Marks as the proprietor of the trade mark referred to in the said application marked with the letter " " [or my said firm is the firm whose name appears on the Register of Trade Marks as the proprietor of the trade mark referred to in the said application

marked with the letter " And I make this solemn declaration coascientiously believing the same to be true, and by virtue of the provisions of an Act made and passed in the fifth and sixth years of the reign of His late Majesty King 'SVilliam the Fourth, intituled for the more effectual abolition of oaths and affirmations taken and made in various (' An Act to amend m Act of the present session of Parliament, intituled An Act "1.

departments of the State and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extrajudicial oaths and affidavits, and to make other provisions for abolition of unnecessary oaths.' "

Declared at

this	day of
before me-

No.

Trade Marks A et.-1892.

FORM M.

Repuest f i r Certzjfcate of R+al to Register a Trade Mark in w e before the

p a s s i q of the said A c t.

In thc matter of an application for Registration of an old Trade Mark,

No. in Class

1, of the applicant

in the above matter, hereby request you to furnish me with your certificate of

refusal to register the said trade mark. Prescribed fee of $1 enclosed herewith.

Dated this day of 18

[Signature of applicant.l

To the Commissioner of Trade Marks,

I'atent Office (Trade Marks Branch).

FORM N.

Repuest f o r Correction o f Clerical Error, or for permission to amend Application.

In the matter of an Application, No. , by 9 of

I hereby request that

Dated this day of 18

[Signature of applicant.]

To the Commissioner of Trade Marks,

Patcnt Officc (Trade Marks Branch).

FORM 0.

mest for Certzjicate o f Reyidration of Trade M a r k f o r use in obtainang

Registration Abroad.

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

the name of

1, of the registered

proprietor of the above trade mark, hereby request you to furnish me with your certificate of regihtration for use in obtaining registration of the same in [hers state

name c?f country in which registration is aouyht].

Dated this day of 18

[Siynn tuve o f proprietor.]

To the Commissioner of Trade Marks,

Patent Office (Trade Marks Branch).

FORM P.

Bequest for Certzycate o f Registration of Trade M a r k to be used i n Leyal Proceedings,

In matter of the Trade Mark No. , regi~tered in Class t in

the name of

1, of the registered

proprietor of the above trade mark, hereby request you to furnish me with your

certificate of registration to be used in legal proceedings.

Dated this day of 18

[Signature o f proprietor,]

To the Comrnissiooer nf Trade Marks,

Patent Office (Tmdc Marks Branch). FORM

VICTORIE, No.

FORM Q. I

Application for Settlement of a Special Case on ae l i ca t ion to Register a Trade

Mark.

In the matter of the Application of and 1

of the application of l

Notice is hereby given that I, of and

1, of, are unable to agree upon the facts on which the opinion of the Court is to be taken, and that we request you to fix a day on which we may attend before you and obtain your finding on the matters of fact to be submitted to the Court as settled.

Dated this day of 18

[To fie sigaed by both parties.]

To the Commissioner of Tradc Marks,

Patent Office (Trade Marks Branch). I

FORM R.

TRADE MARKS ACT, 1892.

Request f o r Gelaeral Certzjicate of Comrnis.~ioner'(otl~er thun L'ertijcate f o r use i?a

Legal Proceedings or f u r use ill obtaining Registration Abroad).

I n the u t t e r of Trade Mark No. , in Class

1, of , hereby request you to furnish me with your

certificate that [here set out the particulars which the C'ommissioner i s requested to

Jumish].

Dated this day of 18 .

[Signature of applicant.]

To the Commissioner of Trade Marks,

Patent Office (Trade Marks Branch).

FORM S.

TBADE MARKS ACT, 1892.

General Certificate o f Commissioner (other than Certz$cate .for use i n Legal Pro-

ceedings or for use i n obtazking Reyislration Abroad).

Patent Office (Trttde Marks Branch),

18 .

1, Commissioner of Trade Marks,

hereby certify that entered on the Register of Trade

Marks as proprietor of a trade mark in Class , for the registration of

which mark application was made on the day of 18 .

A representation of the mark is hereto affixed.

Commissioner of Trade Marks.

FORM TT.

TRADE MARKS ACT, 1892.

Rrpuest f o r copy of Oficinl hTot.$cntiou. of Reyistrati'on g' l!rn& Mark.

In the Mattcr of the Trade Mark Xo. , rcgistered in Class ,

1, 3 of , the registered proprietor

of trade mark abovc named, hcreby request that you will furnish me with a copy of

the official notification of the registration of the same.

Dated this day of , l 8 .

[8ignature o f proprietor.]

To the Commissioner of Trade Marks,

Patent Office (Trade Marks Branch),

FOKM

VICTORIE, No.

D u d e ~Marks Act.-1892.

FORM U.

TRADE MARKS ACT, 1892.

Notice of Order of Court for alteration or rectijcation o j Register of Trade

Marks.

In the matter of the Trade Mark No. , regi~tered in Class, in

the name of

Notice is hereby gir-en that by an order of the Court, made on the day

of, 18 , it was directed that the entry on the Register of Trade

Marks in respect of the trade mark numbered as above should be rectified in the manner therein specified.

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

Dated this day of , 18 .

[To be signed by the person interested or his agent.]

To the Commissiorier of Trade Marks,

Patent Office (Tradc Marks Branch).

E - -- .-p-

--

Adelaide; By authority, C. E. BRIBTOW, Government Printer, North-terrace.