Trade Marks (Temporary) Regulations 1914 (Provisional) (Cth)

STATUTORY RULES.

1914. No. 175.

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PROVISIONAL REGULATIONS UNDER THE TRADE MARKS ACT 1905–1912, AND THE PATENTS, TRADE MARKS AND DESIGNS ACTS 1914.

I, SIR ARTHUR STANLEY, the duly-appointed Deputy of the Governor-General, in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Trade Marks Act 1905–1912 and the Patents, Trade Marks and Designs Acts 1914 should come into operation as from the date of the commencement of the Patents, Trade Marks and Designs Acts 1914, and make the Regulations to come into operation as from that date as Provisional Regulations.

Dated this third day of December, One thousand nine hundred and fourteen.

By His Excellency’s Command,

A. L. STANLEY,

Deputy of the Governor-General.

W. M. HUGHES,

Attorney-General.

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TRADE MARKS (TEMPORARY) REGULATIONS.

1. These Regulations may be cited as the Trade Marks (Temporary) Regulations 1914.

2. In these Regulations—

“Person” includes any Department of the Government of the Commonwealth or of a State.

3. (1) The Minister may, on the application of any person, and subject to such terms and conditions, if any, as he thinks fit, order the avoidance or suspension, in whole or in part, of the registration, and all or any rights conferred by the registration, of any trade mark the proprietor whereof is a subject of any State at war with the King, and the Minister, before granting any such application, may require to be satisfied on the following heads:—

(a) That the proprietor is a subject of a State at war with the King;

(b)That the person applying intends to manufacture, or cause to be manufactured, the goods, or any of them, in respect of which the trade mark is registered; and

(c) That it is in the general interests of the Commonwealth or of a section of the community, or of a trade, that the registration of the trade mark should be so avoided or suspended.

C.16138.—Price 3d.

 

(2) The fee to be paid on any such application shall be that specified in the First Schedule to these Regulations.

(3) An application under this Regulation shall be in accordance with the form in the Second Schedule to these Regulations, and shall be filed at the Trade Marks Office.

4. (1) The Minister may, at any time, in his absolute discretion, revoke any avoidance or suspension ordered by him.

(2) For the purpose of exercising in any case the powers of avoidance or suspension, the Minister may appoint such person or persons as he thinks fit to hold an inquiry.

(3) Any application to the Minister for any such avoidance or suspension may be referred for hearing and inquiry to such person or persons as aforesaid, who shall report thereon to the Minister.

5. Notwithstanding anything in these Regulations contained, the Minister may, at any time, if in his absolute discretion he deems it expedient in the public interest so to do, order the avoidance or suspension in whole or in part of any such registration, and all or any rights conferred by the registration, of a trade mark upon such terms and conditions, if any, as he thinks fit.

6. The Minister may, at any time during the continuance of these Regulations, direct the Registrar of Trade Marks to avoid or suspend any proceedings on any application made under the Trade Marks Act 1905–1912, by a subject of any State at war with the King.

7. The Minister or the Registrar may, at any time during the continuance of these Regulations, extend the time prescribed by the Trade Marks Act 1905–1912, or any Regulations made thereunder, for doing any act or filing any document, upon such terms, and subject to such conditions as he thinks fit, in the following cases, namely:—

(a) Where it is shown to his satisfaction that the applicant or proprietor, as the case may be, was prevented from doing the said act or filing the said document by reason of active service or enforced absence from the Commonwealth, or any other circumstances arising from the present state of war, which, in the opinion of the Minister or the Registrar, would justify such extension;

(b)Where the doing of any act would, by reason of the circumstances arising from the present state of war, be prejudicial or injurious to the rights or interests of any applicant or proprietor as aforesaid.

8. (1) All things required or authorized to be done by to or before the Minister may be done by to or before any person authorized in that behalf by the Minister.

(2) All documents purporting to be orders made by the Minister, and to be sealed with the seal of the Minister, or to be signed by any person authorized in that behalf by the Minister, shall be received in evidence and shall be deemed to be such orders without further proof unless the contrary is shown.

(3) A certificate, signed by the Minister, that any order made or act done is the order or act of the Minister, shall be conclusive evidence of the fact so certified.

 

First Schedule.

£	s.	d.
Fee payable on application to the Trade Marks Office under Regulation 3 for the avoidance or suspension of the registration of a trade mark........................................................................	2	0	0

TRADE MARKS. £2.

 Form DD.

Second Schedule.

The Trade Marks Act 1905–1912, and the Patents, Trade Marks and Designs Acts 1914.

(1) Here insert (in full) name, address, and description or calling of person or persons applying.

(2) Here insert number and class in which the Trade Mark is registered.

I/We (1)............................................................................................................................

...............................................................................................................................................

...............................................................................................................................................

...............................................................................................................................................

hereby request the Minister to order the avoidance or suspension of the registration of Trade Mark No. (2)........................... registered in class ........................................ for.................................................................................................

Dated this day of

(Signed)

 

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

C.16138.—Price 3d.