WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO RESTRICTED 
IPINIIINZL/T/2 
23 January 1996 
(96-0205) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original: English/anglais/ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63:2 OF THE AGREEMENT 
New Zealand 
Trademarks 
The present document reproduces! the following laws and regulations, as notified by New Zealand under Article 63.2 of the Agreement 
(see document IP/N/lINZLlI): 
the Trade Marks Regulations 1954 
the Trade Marks Regulations -Amendment No. 10 
the Trade Marks Regulations -Amendment No. 11 
the Trade Marks Regulations -Amendment No. 13 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 2 
60 
68 
81 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA PROPRIETE INTELLECTUELLE 
NOTIFIEES AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
N ouvelle-Zelande 
Marques de fabrique ou de commerce 
Le present document contient! les lois et reglementations ci-apres, notifiees par la Nouvelle-Zelande au titre de l'article 63:2 de 
I'Accord (voir le document IP/N/lINZLlI): 
Reglementation de 1954 sur les marques de fabrique ou de commerce 
Reglementation sur les marques de fabrique ou de commerce -Modification n· 10 
Reglementation sur les marques de fabrique ou de commerce -Modification n· 11 
Reglementation sur les marques de fabrique ou de commerce -Modification n· 13 
Consejo de 10s Aspectos de 10s Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS DE CONFORMIDAD CON EL pARRAFO 2 
DEL ARTICULO 63 DEL ACUERDO 
Nueva Zelandia 
Marcas de fabrica 0 de comercio 2 
60 
68 
81 
El presente documento reproduce! las siguientes leyes y reglamentos que han sido notificados por Nueva Zelandia en cumplimiento 
del parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/lINZLlI): 
Reglamento de Marcas de Fabrica 0 de Comercio, de 1954 
Reglamento de Marcas de Fabrica 0 de Comercio -Reforma N° 10 
Reglamento de Marcas de Fabrica 0 de Comercio -Reforma N° 11 
Reglamento de Marcas de Fabrica 0 de Comercio -Reforma N° 13 
1In English only/en anglais seulementlen ingles solamente. 2 
60 
68 
81 IPINI I/NZL/T 12 
Page 2 
Serial Number I 854/222 
NEW ZEALAND 
THE TRADE MARKS REGULATIONS 1954 
C. W. M. NORRIE, Governor-General 
ORDER IN COUNCIL 
At the Government House at Wellington this 15th day of December 1954-
Present: 
HIS EXCELLENCY THE GoVERNOR-GENERAL IN CoUNCIL . 
PURSUANT to the Trade Marks Act 1953, His Excellency the Governor­
General, acting by and with the advice and consent of the Executive 
Council, hereby makes the following regulations. 
REGULATIONS 
PRELIMINARY 
Title, Comm6ncement, and Arrangement 
1. (I) TIlese regulations may be cited as the Trade Marks 
Regulations 1954. 
(2) These regulations shall come into force immediately following 
the commencement of the Trade Marks Act 1953. . 
(3) TIlese regula tiom are arranged as follows: 
PRELIMINARY 
1. Title, commencement, and 
arrangement. 
2. Interpretation. 
F~~s 
3. Fees payable according to First 
Schedule. 
4. T'lme of payment. 
S. Form of payment. 
6. Payments from beyond New Zea­
land. 
FORKS 
7. For m s prescribed in Second 
Schedule. 
8. Size, etc., of documents. 
9. Signature of documents. 
Price Code: 58-D CLASSIFICATION OP ~ •. 
10. Goods classified accordiua" to 
Third Schedule 01' ·Fourth 
Schedule. 
11. Conversion of specification. 
AOENTS 
12. Appointment of agents. 
13. Unrecognized agents. 
Coit.RESPONDBNCB A.ND ADDRESS POIt 
SEIlVlCB 
14. Addressing of correspondence, etc. 
15. Date of applications. 
16. Address. 
17. Address for service. IP IN 11 INZL/T 12 
Page 3 
2 Tradt~ Marks Regulations 1954 [ 1954/222 
APPLICATION pOR RzoISTltATJON OP 
TRADE MAIlIL: 
t 8. Form of application. 
19. Separate applications. 
20. Representation of mark. 
21. Representations to be satisfactory. 
22. Specimens of marks in exceptioDal 
cases. 
23. Series of trade marks. 
24. Transliteration and translation. 
25. Name or description of goods on 
trade mark. 
PROCEDURE FOLLOWINO ApPUCATlON 
26. Search. 
27. Acceptance, absolute or condi­
tional : ob jection. 
28. Decision of Commissioner. 
DZPEN SIVlt TRADE MARKs 
29. Defensive applications. 
C&aTJPICATlON TaADB MARK.. 
SO. Certification appllcatioos. 
SI. StateJnent of case; draft regula­
tions. 
ADYEaTlSItMBNT OP ApPLICATION 
52. Manner of advertising. 
3S. PrintiDJ block. 
34. Advertuement of a series. 
35. Advertisement UDder section 27 or 
IeCtion 45. 
OPPOatnON TO RzOI8T1lATlON 
36. Notice 'of op~tiOD. 
37. CoDteDta of DOtiee.' 
SI. CountentatemenL 
39. Evidence in support of opposition •. 
40. Evidence in support of applica­
. tioJi. 
"'1 •. E~deou in reply. 
.... 2. ,"FurtIie:r fNidence. 
. 4'3'. E.xh1Dits. 
4+. H~. 
45. Extension of time. 
46. Costs in uncontested case. 
FA.lLUJt..& Tb PaOCUtED -ro REOISTRATlON 
47. Non-co~pletion. 
ENTRY IN TRB R..1tol8TER 
4Cs. Itea.stratioll. 
49. Associated marks. 
50. Death of .,applicant or dissolution 
of corporate applicant. 
51. Certificate of regutration. RENEWAL OF REOISTRATlON 
52. Renewal. 
53. Notice of expiration of registra­
tion. 
54. Advertisement of non-payment. 
55. Removal from register and restora­
tion. 
56. Record of removal of mark. 
57. Notice and advertisement of re­
newal and restoration. 
ASSIGN MENT AND TIlA.NSMISSION 
58. Application for entry of assign­
men t or transmission. 
59. Part.iculars to. be stated in applica­
tlon: corles of documents. 
60. Statement 0 case with application. 
61. Application for entry of assign­
ment without goodwill. 
62. Assignment to Corporation under 
,ection 38. 
63. Entry in register. 
64. Separate owners. 
65. Commissioner's certificate of ap­
proval as to certain assign­
men 15 and transmissions. 
66. Commissioner's directions for ad­
vertisement of assignment with­
out goodwill of trade mark in 
use. 
67. Application to dispe~e with pro­
bate or letters of administra­
tion. 
ApPLICATION TO TRIt CoMMISSIONER 
POR RECTtPICATlON 
68. Application to rectify register. 
69. Subsequent proceedings. 
70. Intervention by third parties. 
ApPLICATIONS POR ALTERATION OP 'I"BIt 
REOISTEk 
71. Alteration of address. 
72. Request for alteration of the 
register under section 43. 
73. Request for correction of error. 
74. Evidence . 
75. Advertisement of certain requests. 
76. Certificates of validity to be noted . 
ApPLICATION TO ALTItR REOISTEIlItD 
TRADE MARKS 
77. App~cation to alter registered 
trade mark. 
78. Advertisement before decision. 
79. Advertisement after. decision. 
80. Printing block for advertisement. 
RECTIFICATION OF CERTIFICATION TRADE 
MARK ENTRIE.S AND RE.oULATlON. 
81. Alteration of certification trade 
mark regulations. 
82. Application to Commissioner. for 
order rectifyin, certification 
t!"ade mark entnes and regula­
bons. IP/N/lINZL/T/2 
Page 4 
1954/222] Trade Marks Regulations 1954 3 
83. 
M. 
85. 
86. 
87. 
88. 
89. RKotSTERBD U SEa 
Application for entry of l"egistered 
were 
Entry and notification. 
Application by registered propri­
etor to vary entry. 
Application by registered propri­
etor or user to cancel entry. 
Applicatiol\ under section 37 (8) 
( c) to cancel en try. . 
procedure upon appbcauon. 
Cancellation by ColIllIWsioner. 
~NO. 98. 
99. 
100. 
101. 
102. CERTIPICATES 
Certificates by Commis.sioner. 
Marks registered without limita­
tion of colour. 
Certificates for we in obtaining 
regis tra tion abroad. 
DECLARATION S 
Manner in which and person be­
fore whom declarauon to be 
taken. 
Seal of person taking declaration 
to prove itself. 
90. Application for hearing. 
91. Notice of hearing. SEARCH AND PRELIMINARY ADVICE 
103. Search and preliminary advice. 
92. Notification of decision. 
DtSCIlETlON ARY POWER 
93. Extension of time. 
94. Power of Com.m..issioner to waive 
requirements. 
9.5. Notice of abandonment or with­
drawal. 
DocUMENTS 
96. Documents in foreign language. 
97. Amendment of documents. DESTRUCTION OP RECORDS 
104. Destrucuun ot records. 
ApPUCATION S TO AND ORDERS 01'. THB 
CoURT 
105. Application to the Court. 
106. Order of Court. 
107. Publicaticn :.")f orders of Court. 
R%VOCATIONS AND SAVINGS 
108. Revocatioru and savin~. 
Schedules. 
Interpretation 
2. In these regulations, unless the context otherv.·ise requires,­
"The Act" means the Trade 1vIarks Act 1953: 
"Agent" means an agent duly authorized to the satisfaction of 
the Commissioner: 
" Commonwealth" means the British Commonwealth of Nations; 
and includes every territory for whose international relations 
the Government of any country of the Commonwealth is 
responsible: 
"Specification" means the designation of goods in respect of 
which a trade mark, or a registered user of a trade mark, is 
registered or proposed to be registered: 
A reference to a numbered form is a reference to the trade marks 
form so numbered in the Second Schedule to these regulations. 
FEES 
FeeJ Payable According to Fi,JI Schedule 
3. Th~ f~es to be paid in re!Oipect of the registra tion of trade marks 
and application5 therefor and in respect of other ma tte~ relating to 
trade marks arising under the Act shall be those pre~cribcd in the First 
Schedule to these regulations. 4 Trade Mark5 Regulations 1954 
Time 0/ Payment IP IN 11 INZL/T 12 
Page 5 
[ 1954/222 
4. Fees and charge~ payable to the Patent Office under the Act or 
these regulatiom shall be paid at the time of making an application or 
request or upon giving notice or filing any form in respect of which a 
fee or charge is payable under these regulations. 
Form of Payment 
5. All fees shall be payable in cash at the Patent Office. The 
Commissioner may, however, accept payments made in any other fonn, 
but in such case he may delay or cancel the credit until collection is 
made. Money sent by mail to the Patent Office shall be at the risk of 
the sender. 
Payments from Beyond New Zealand 
6. Remlttance~ from beyond New Zealand must be payable and 
immediately negotiable in New Zealand for the full amount of the 
prescribed fee. 
FORMS 
Forms Prescribed in Second Schedule 
7. The forms set out in the Second Schedule to these regulations 
shall be used in all cases to which they are applicable, and may be 
modified as directed by the Commissioner. Where no form is prescribed, 
the Commissioner may accept an application in ~llch written form as 
he thinks fi t. 
Size, etc., 0/ Docunlcnts 
8. Unle~s the Commi~sion~r otherwise directs, all documents and 
copies of docunlents filed at the Patent Office under the Act or these 
regulations shall be,-
(a) I n the English language: 
(b) Upon strong white paper of a size approximately 13 in. by 8 in. ; 
(c) Exc~pt in the case oC printed forms, declarations, and affidavits, 
on one' side only; and 
(d) Set out le~ving a margin of at least l!in. on the left-hand part 
thereof. 
Signature 0/ Documents 
9. (1) A document purporting to be signed for or on behalf of a 
partner~hip shall contain the names of all the partnel's in full and shall 
be signed by any quali fied partner, or by any other person ~'ho satisfiec; 
the Commis<.,ioner that he is authorized to sign the document. 
(2) A document purporting to be signed for or on behalf of a body 
corporate shall be si~ned by a dirC'ctor or by the secretary or other 
princ.ipal officer of the body corporate,· or by any other per~on who 
c;ati~fies the Commissioner that he is au thorized to si~n the document. 
(3) A document purporting lO Le signed for or on behalf of an 
associa tion of per~ns maybe signed by any person who appears to the 
Commi5sioner to be duly qualified. IP 1Nl 1 INZL/T 12 
Page 6 
1954/222] Trade Marks Regulations 1954 
CLASSIFICATION OP GooDS 
Goods Clas.sified According to Third Schedule or Fourth Sch6dul. 
10. (I) For the purposes of trade mark registrations dated before 
the 11th day of December 1941, and of registrations of registered usen 
thereunder goods shall be classified in the manner appearing in the 
Third Sch~dule to these regulations) lJnless the specifica tion has been 
converted pursuant to these regulations. 
(2) For the purposes of trade mark )Oegistrations dated on or after 
the 11 th day of December 1941, and of registrations of registered userg 
thereunder, and for the purposes 0f any registrations dated before that 
date the specifications of which have been converted pursuant to these 
regulations, goods shall be classified in the manner appearing in the 
Fourth Schedule to these regulations. 
Conversion 01 Specification 
11. (1) Where the specification of a registered trade mark is founded 
on the Third Schedule to these regulations, the registered proprietor may 
apply to the Commissioner in form 1 for the conversion of that specifi­
cation so that it may be founded on the Fourth Schedule to these regu­
lations, whether with or without the striking out of goods therefrom, but 
so that the registration retains its original date and shall include in the 
application a request for the like conversion of the specification of the 
goods of any registered users under that registr~tion. Thereupon the 
Commissioner, in accordance with section 46 (3) of the Act shall notify 
the registered proprietor in writing of the Commissioner's proposal as 
to the form which the amendment of the register should take. Two or 
more registrations of a trade mark in respect of goods falling within the 
same class of the Fourth Schedule to these regulations and having the 
same date of registration may be amalgamated upon conversion in 
accordance with this subclause. 
(2) The advertisement of a proposal for amendment under section 
46 (3) of the Act shaH be made in the Journal. Notice of any opposition 
shall be given in form 2 within three months from the' date of the 
advertisement, and shall be accompanied by a duplicate of the notice 
and by a statement in duplicate showing how the proposed conversion 
would be contrary to section 46 (2) of the Act. The Commissioner 
shall forthwith send the duplicate copies to the registered proprietor, 
who may, within two months from the receipt of the duplicates, send 
to the Commissioner a counterstatement setting out fully the grounds on 
which the opposition is contested, and if he does so he shall deliver to 
the opponent a copy thereof. The Commissioner may thereupon require 
or admit evidence directed to the questions in issue, and if so desired 
by either party he shall, before deciding the matter, give the parties an 
opportunity of being heard. 
(3) When a proposal for the conversion of a specification in accord .. 
ance with subclause (1) of this regulation h~s been advertised and has 
not been opposed, and the time for notice Qf opposition has expired, 
or having been opposed the opposi tion has been determined and a 
conversion allowed, the Commissioner shall make all the entries in the 
register which are necessary to give efT cct to the conversion in accordance 
with the proposal a" advertised, or the proposal as amended after 6 Trad~ Marks Rep,lations 1954 IP IN II/NZL/T 12 
Page 7 
[1954/222 
opposition or appeal thereon and subsequent publication in the Journal. 
and &hall enter in the register the date when the entries were made. 
All. registrations subdivided or amalgamated upon conversion ahall have 
the same .expiry date as the registration had before the conversion. 
AOENTS 
Appointment 01 Ag8nts 
12. (1) Any applicant or party to any proceedings before the 
Commissioner under the Act may appoint an agent to act for him 
either generally or in respect of the particular proceedings by sending 
to the Commissioner an authority in form 3 or in such other written 
form as the Commissioner may deem sufficient. 
(2) Service upon any agent so appointed of any document relating 
to the proceeding or matter shall be deemed to be service upon the 
person so appointing him. All communications directed to be made to 
that person in respect of any proceeding or matter covered by the 
authority may be addressed to the agent, and all attendances upon the 
c.ommi";oner relating thereto may be made by or through the agent. 
In any particular case the Commissioner may require the attendance of 
any person. 
( 3 ) Except where otherwise prescribed by these regulations, all 
a'pplications or other documents which under the Act or these regula­
tions are required or permitted to be made or given to the Commissioner, 
and all other communications between an applicant or a person making 
a request or giving a notice and the CommiSsioner, and between the 
registered proprietor or a registered user of a trade mark and the 
COmir'issioner or any other person, may be signed, made, or given by 
or through an agent duly appointed. In any particular case the 
Commissioner may require the personal signature of any applicant or 
other person. 
(4) Any applicant or party may at any time, by notice in writing 
to the Commissioner, revoke any appointment of an agent made by 
him, either genenUly or in respect of any particular p~ding or 
matter. 
Unrecognized Agents 
13. The Commissioner may refuse to recognize as an agent in respect 
of proceedings under the Act any person-
(a) Who is for the time being suspended from practice before the 
Patent Office; or . 
(b) Whose name has been removed from the register of patent 
attorneys pursuant to section 102 of the Patents Act 1953 and 
has not been again entered thereon; or 
(c) Whose name has been removed from or struck off the roll of 
barristers or solicitors pursuant to the provisioru of the Law 
Practitioners Act 1931 and has not been restored thereto, or 
who is for the time being suspended from practice as a 
barrister or solici tor; or 
(d) Who has been convicted of a crime involving dishonesty as 
specified in section 237 of the Crimes Act 1908; or 
(e) Who neither resides nor carries on business in New Zealand. IP 1Nl 1 INZL/T 12 
Page 8 
1954/222] Trade Marks Regulations 1954 
CoRRESPONDENCE AND ADDRESS POR SERVICE 
Addressing 0/ Correspondence, etc. 7 
14 All letters and other communications intended for the Patent 
Office· and relating to any matter arising ~~der the Act or these 
regulations shall be addressed to the CommlSSloner of Trade Marks, 
Wellington. When appropriate, a letter may be marked for the attention 
of a particular officer. 
Date 0/ Applications 
15. Any application or document made to or filed with the Com­
missioner in proceedings under the Act shall be deemed to have been 
made or filed when it is received at the Patent Office. 
Address 
16. Where any person is by the Act or these regulations !Cquired to 
furnish the Commissioner with an address (including an address for 
service), the address given shall in all cases be as full as possible, for 
the purpose of enabling any person easily to find the place of the trade 
or business of the person whose address is given. The address shall 
include the· town or locality and, where applicable, the name of the 
street and the number in the street or name of the premises. 
Address lor Service 
17. (1) The Commissioner may require any party to any proceed­
ings under the Act who does not reside or carry on business within 
New Zealand to give, within such time (not being less than one month) 
as he may allow, an address for service within New Zealand. Where 
an address for service is given pursuant to section 75 of the Act or 
under these regulations, such an address may be treated as the actual 
address of that person for all purposes connected with the matter in 
question. . 
(2) Any registered proprietor or registered user of a trade mark or 
any person about to be registered as such may give in form 4 an address 
for service for entry in the register, and that address may be entered by 
the Commissioner. 
(3) No fee shall be payable on or in respect of an entry of address 
for service made pursuant to this regulation. 
(4-) In any case in which no address for service is entered in the 
register, the Commissioner may, subject to the provisions of regulation 
12 (2) hereof, treat the trade or business address of the registered pro­
prietor or registered user as therein entered as his address for service 
for all purposes connected with the registration. 
(5) Any written communication addressed to a party or person as 
aforesaid at an address given by him, or treated by the Commissioner, 
as his address for service, shall be deemed to be properly addressed. 
(6) The Commissioner, if in doubt as to the continued availability 
of an address for service entered in the register, may request the person 
for whom it is entered, by written communication addressed to his trade 
or business address in the register, to confirm the address for service, 
and if within three months of making such a request the Commissioner 
receives no confirmation of that address he may strike it off the register. 
Inset 2 8 IP/NIlINZL/T/2 
Page 9 
Trade Marks Regulations 1954 
ApPLICATION FOR REGISTRATION OF TRADE MARK 
Form of Application [ 1954/222 
18. (1) An application to the Commissioner for the registration of 
a trade mark shall be signed by the applicant or his agent and shall be 
for registration' in respect of goods in one class of the Fourth Schedule 
only. 
(2) Every application claiming priority under section 73 of the Act 
by reason of an application to register the trade mark made or deemed 
to have been made in a convention country, which shall be named, shall 
state the date of that application, and the applicant shall furnish a 
certificate by the registering authority of that country, or shall otherwise 
verify the application made or deemed to have been made therein to. 
the satisfaction of the Commissioner. 
(3) An application for the registration of a trade mark other than 
a defensive or certification trade mark shall be in form 5. 
Separate Applications 
19. Applications for the registration of the same mark in different 
classes shall be treated as separate and distinct applications, and in all 
cases where a trade mark is registered under the same official number 
for ~oods in more than one class, whether on conversion of the 
specification under regulation 11 hereof or otherwise, the registration 
in respect of the goods included in each separate class shall be deemed 
to be a separate registration for all the purposes of the Act. 
Representation of Mark 
20. (1) Every application for registration of a trade mark shall 
contain or have attached thereto a representation of the mark in the 
space provided on the application fonn for that purpose. 
(2) The Commissioner may in any case require the applicant to 
furnish further representations of the mark. 
Representations to be Satisfactory 
21. The Commissioner, if dissatisfied with any representation of a 
mark, may at any time require another representation satisfactory to 
him to be substitu ted before proceeding with the application. 
Specimens of M arks in Exceptional Cases 
22. (1) Where a drawing or other representation or specunen 
cannot be given in the manner specified in regulation 20 hereof, a 
speciInen or copy of the trade mark may be sent either of full size or 
on a reduced scale, and in such fonn as the Commissioner may think 
most convenient. 
(2) The Commissioner may also, in exceptional cases, require the 
deposit in the Patent Office of a sperimen or copy of any trade mark 
which cannot conveniently be shown by a representation, and may 
refer thereto in the register in such manner as he may think fit. IP 1Nl I/NZL/T 12 
Page 10 
1954/222] Trade Marks Regulations 1954 9 
Series 0/ Trade Marks 
23. Where application is made for the registration of a series of trade 
marks under section 30 (2) of the Act, a representation of each -trade 
mark of the series shall be included in the application form. 
Transliteration and Translation 
24. (1) Where a trade mark contains a word or words in characters 
other than Roman, there shall, unless the Commissioner otherwise 
directs, be endorsed on the application form a sufficient transliteration 
and translation to the satisfactiOn of the Commissioner of each of those 
words, and every such endorsement shall state the language to which 
the word belongs and shall be signed by the applicant or his agent. 
(2) Where a trade mark contains a word or words in a language 
other than English, the Commissioner may ask for an exact translation 
thereof together with the name of the language, and such translation 
and name, if he so requires, shall be endorsed and signed as aforesaid. 
Name or Description 0/ Goods on Trade Mark 
25. (1) Where the name or description of any goods appears on a 
trade mark, which name or description may vary in use, the Commissioner 
may register the mark for those and other goods if the applicant 
undertakes that the name or description will be varied when the mark 
is used on goods-covered by the specification other than the named or 
described goods. Any such undertaking shall be entered on the 
application. 
(2) If the applicant does not so undertake, the Commissioner may 
refuse to register the mark in respect of any goods other than the named 
or described goods. 
PROCEDURE FOLLOWlNO ApPLICATION 
Search 
26. Upon receipt of an application for the registration of a trade 
mark in respect of any goods, the Commissioner shall cause a search to . 
be made of the registered marks and the marks at the time included 
in pending applications, for the purpose of ascertaining whether there 
are on record in respect of the same goods or description of goods any 
marks identical with the mark applied for, or so nearly resembling it as 
to render the mark applied for likely to deceive or cause confusion. 
The Commissioner may cause the search to be renewed at any time 
before the acceptance of the application, but shall not be bound to 
do so. 
Acceptance, Absolute OT Conditional: Objection 
27. (1) After the search, and after consideration of the application 
and of any evidence of use or of distinctiveness and of any other 
infonnation or matter which the applicant mayor may be required to 
furnish, the Commissioner may accept the application absolutely, or he 
may object t.o it, or he may express his willingness to accept it subject 
to such conditions, amendments, disclaimers, n .. odifications or limitations 
.(in this regulation referred to as conditions) as he m;'y think fit to 
Impose. 10 Trade Marks Regulations 1954 IP/NIlINZL/T/2 
Page 11 
[1954/222 
(2) If the Commissioner objects to the application, he shall advise 
the applicant in writing. The applicant shall, within such period (not 
being less than one month) as the Commissioner may allow, apply for 
a hearing or make a considered reply. in writing to those objections. 
(3) If the Commissioner is willing to accept the application subject 
to any conditions, he shall advise the applicant in writing. The 
applicant shall thereupon, within such period (not being less than one" 
month) as the Commissioner may allow, either-
(a) Agree to the conditions and alter his application accordingly; or 
(b) Object to the conditions or any of them, in which case he shall 
apply for a hearing or communicate his considered objections 
in writing. 
(4) If the applicant fails to comply with the requirements of this 
regulation within the time allowed, he shall be deemed to have withdrawn 
his application. 
Decision 0/ Commissioner 
28. (1) The Commissioner shall inform the applicant in wrIting of 
his decision, whether at a hearing, or without a hearing if the applicant 
has communicated his considered reply or considered objections in 
writing and has not stated that he desires to be heard. On payment 
of the prescribed fee the applicant may J within such period (not being 
less than one month) as the Commissioner· may allow, require. the 
Commissioner to state in writing the grounds of and the materials used 
in arriving at his decision. The date when the statement is sent to the 
applicant shall be deemed to be the date of the Commissioner's decision 
for the purpose of appeal. 
(2) Where the Commissioner makes any requirements to which the 
applicant does not object, the applicant shall comply therewith before 
the Commissioner gives a statement in writing. 
DEFENSIVE TRADE MARKS 
Defensive Applications 
29 .. (I) An application to the Commissioner for the registration of 
a defensive trade mark under section 36 of the Act shall be in form 6 
and shall be accompanied by a statement of case setting out full 
particulars of the facts upon which the applicant relies in support of his 
application, verified by a statutory declaration made by the applicant 
or some other person approved for the purpose by the Commissioner. 
(2) The applicant may send with this declaration or subsequently 
such other evidence as he may desire to furnish, whether after request 
made by the Commissioner or otherwise, and the Commissioner shall 
consider the whole of the evidence before deciding on the application. 
The provisions of these regulations shall, so far as applicable, extend 
to defensive applications as they extend to applications for the registration 
of ordinary trade rnarks. IP 1Nl 1 INZL/T 12 
Page 12 
1954/222] Trade Marks Regulations 1954 
CERTIFICATION TRADE MARKS 
Certification Applications 11 
30. (1) An application to the ~IIlIDissioner for the registration ?f 
a certification trade mark under sectlon 47 of the Act shall be made In 
duplica te in form 7. 
(2) The provisions o~ the~e regul~tio~ shall, so far as they ~ 
applicable, extend t? ce~tJ.ficatJon ~pphcatlOns as they extend to apph­
cations for the registratIon of onhnary ~ade mar~, except ~at. ~e 
applicant shall not be deem~d to have withdrawn his appbcatlo~ If In 
the circumstances of regulation 27 he does not apply for a heanng or 
reply in writing. 
(3) The address of an applicant to register a certification trade 
mark shall be deemed to be a trade or business address for all the 
purposes for which such an address is required by these regulations. 
Statement of Case; Draft Regulations 
31. The applicant shall send in duplicate to the Commissioner with 
his application or when required by the Commissioner a case setting 
out the grounds on which he relies in support of his application, together 
with draft regulations for governing the use of the mark. The Com­
missioner may communicate to the applicant any observations he may 
think fit on the sufficiency of the case or the suitability of the draft 
regulations, and the applicant may modify either of those documents. 
ADVERTISEMENT OF ApPLICATION 
Manner of Advertising 
32. (1) An application for the registration of a trade mark required 
or permitted to be advertised shall be advertised in the Journal during 
such times and in ·such manner as the Commissioner may direct. In the 
case of an application with which the Commissioner proceeds only after 
the applicant has lodged the written consent to the proposed registration" 
of the registered proprietor of another trade mark or another applicant, 
the words cc By consent" and the number of the previous registration 
of ap'plication for registration shall appear in the advertisement. 
(2) If no representation of the trade mark is included in the 
advertisement of the application, the Commissioner shall refer in the 
advertisement to the place or places where a specimen or representation 
of the trade mark is deposited for exhibition. 
Printing Block 
33. For the purposes of any such advertisement the applicant may, 
at the appropriate time, supply or be required to supply a printing block 
(or, if necessary, more than one) of the trade mark satisfactory to the 
Commissioner, of such dimensions as may frolD time to time be approved 
or directed by the Commissioner, or shall supply such information or 
other means of advertising the trade mark. as may be required by the 
Commissioner. The Commissioner, if dissatisfied with the printing block 
supplied by the applicant or his agent, may require a fresh block before 
proceeding with the advertisement. 12 Trade Marks Regulations 1954 
Advertisement 01 a Series IP IN 11 INZL/T 12 
Page 13 
[1954/222 
34. When an application relates to a series of trade marks differing 
from one another in respect of the particulars mentioned in section 30 (2) 
of the Act, the applicant may be required to supply a printing block 
(or, if necessary, more than one) satisfactory to the Commissioner of 
any or of each of the trade marks .constituting the series, or the C'..om-
missioner may, if he thinks fit, insert with the advertisement of the 
application a statement of the manner in which the several trade marks 
cliff er from one another. 
Advertisement Under Section 27 or S€ction 45 
35. Advertisements under section 27 (10) or section 45 of the Act 
shall, so far as appropriate, be made in the same manner as advertisements 
relating to an application for registration. 
OPPOSITION TO REGISTRATION 
Notice 01 Opposition 
36. Any person may within three months from the date of any 
advertisement in the Journal of an application· for registration of a 
trade mark (including a defensive or certification trade mark) give 
notice to the Commissioner in duplicate in fonn 8 of opposition to the 
registration. 
Contents 01 Notice 
37. (1} The notice shall include a statement of the grounds upon 
which the opponent objects to the registration. If registration is opposed 
on the ground that the mark resembles marks. already on the register, 
the numbers of such trade marks and the dates of the Gazettes or 
Journals in which they have been advertised shall be set ouL 
(2) The Commissioner shall forthwith send the duplicate of the 
notice to the applicant. 
C ounterstatement 
38. Within two months from the date of the receipt of the duplicate 
the applicant shall send to the Commissioner a counterstatement in 
duplicate in fonn 9 setting out the ground on which he relies as 
supporting his application. The applicant shall also set out what facts, 
if 'any, alleged in the notice of opposition he admits. If a counter­
statement is not sent within the period allowed, the applicant shall, 
unless the Commissioner otherwise directs, be deemed to have abandoned 
his application. 
Evidence in Support of C!Pposition 
39. (I) Upon receipt of the counterstatement and duplicate, the 
Commissioner shall forthwith send the duplicate to the opponent; and, 
within two months from the date of the receipt of the duplicate, the 
opponent shall leave with the Commissioner such evidence by way of 
statutory declaration as he may desire to adduce in support of his 
opposition and shall deliver to the appliunt copies thereof. IP 1Nl 1/NZL/T 12 
Page 14 
1954/222] Trade Mark.s Regulations 1954 13 
(2) If the opponent does not intend to leave any evidence he shall 
within two months from the date of the receipt of the duplicate notify 
the Commissioner and the applicant accordingly. 
(3) If the opponent neither leaves any evidence nor notifies his 
intention not to leave any evidence, he shall be deemed to have 
abandoned his opposition. 
Evidence in Su.pport of .Application 
40. Within two months from the date of the receipt of· the copies 
of declarations, Or of notice of intention not to leave any evidence, the 
applicant shall leave with the Commissioner such evidence by way of 
statutory declaration as he may desire to adduce in support of his 
application, and shall deliver to the opponent copies thereof. 
Evidence in Reply 
41. Within one month from the date of the receipt by the opponent 
of the copies of the applicant's declarations the oppoRent may leave with 
the Commissioner evidence by sta tutory declaration in reply, and shall 
deliver to the applicant copies thereof. This evidence shall be confined 
to matters strictly in reply. 
Further Evidence 
42. No further evidence shall be left on either side, but in any 
proceedings before the Commissioner he may at any time, if he thinks 
fit, give leave to either the applicant or the opponent to leave any 
evidence upon such tenns as to costs or otherwise as he may think fit. 
Exhibits 
43. Where there are exhibits to declarations filed in an OpposltJ.on, 
copies or impressions of the exhibits shall be sent to the other party on 
his request and at his expense, or, if such copies or impressions cannot 
conveniently be furnished, the originals shall be left with the Com­
missioner in order that they may be open to inspection. The original 
exhibi ts shall be produced at the hearing unless the Commissioner 
otherwise directs. 
Hearing 
44. (1) On completion of the evidence (if any), the Commissioner 
shall appoint a time for the hearing of the case, and shall give the parties 
not. less than fourteen days' notice of the appointment. If any party 
deSIres to be heard he shall notify the Commissioner and pay the 
prescribed fee, and the Commissioner may refuse to hear any party 
who has not complied with this regulation before the time of the 
hearing. 
(2) Except as provided in subclause (3) of this regulation, every 
hearing shall be at Wellington. 
(3) One or more of the parties may, not later than fourteen days 
before the date appointed for the hearing, apply to the Commissioner 
to conduct the hearing at some other place in New Zealand. TIle 
Commiss~one.r may jn his discretion, on payment by the party making 
the ~J:>phcahon of .such sum to cover expenses and subject to such 
(:ondlhons as to notIce and costs as the Commissioner thinks fit conduct 
the hearing at the place named in the application. ' 14 Trade Marks Regulations 1954 IP/N/I/NZL/T/2 
Page 15 
[1954/222 
( 4) Where an application under subclause (2) of this regulation is 
not made by all the parties to the proceedings, the Commissioner shall 
riot decide the application without giving the parties an opportunity to 
be heard. 
Extension 0/ Time 
45. Where in opposition proceedings any extension of time is gran ted 
to any party, the Cornmissionermay thereafter, if he thinks fit, without 
giving the party a hearing, grant any reasonable extension of time to 
any other party in which to take any subsequent step. 
Costs in Uncontested Case 
46. In the event of an opposition being uncontested by the 
applicant, the Commissioner, in deciding whether costs should be 
awarded to the opponent, shall consider whether proceedings might 
have been avoided if reasonable notice had been given by the opponent 
to the applicant before the notice of opposition was lodged. 
F AlLURE TO PROCEED TO REGISTRATION 
Non-completion 
47. (1) In any case where by reason of default on the part of the 
applicant a trade mark is not registered within six months from the 
date of its advertisement or, if advertised before acceptance under the 
proviso to section 27 (1) of the Act, from the date of acceptance, the 
Commissioner may send a notice of non-completion in form 10 to the 
applicant at his trade or business address) or his address for service) and 
to any agent appointed by the applicant: 
Provided that in no case shall the Commissioner send a notice of 
non-completion until the e'qliration of twelve months from the date of 
the application for registratIon. 
(2) If within such time (not being less than one month) as the 
Commissioner may allow the applicant does not take all steps necessary 
to complete registration) he shall be deemed to have abandoned his 
application. 
ENTRY IN THE REOISTER 
Registration 
48: (1) As soon as may be after the expiration of three months. 
from the date of the advertisement in the Journal of any application 
for the registration of a trade mark the Commissioner shall, subject to· 
any opposition and the determination thereof, and subject to the 
provisions of section 28 (1) of the Act, and upon payment of the 
prescribed fee, enter the trade mark in the register and advertise that 
fact in the Journal. 
(2) The entry of a trade mark in the register shall give the date 
of the registration, the goods in respect of which it is registered, and 
all particulars specified in section 5 (1) of the Act, including the trade 
and business address and the address for service, if any, particulars of IP IN 11 INZL/T 12 
Page 16 
1954/222] Trade Marks Regulations 1954 15 
the occupation or other de~ription of th«: proprietor, particul~ ?f any 
undertakings by the proprIetor entered In the form of applicanon or 
affecting the scope of the regis~ation or the rights. C?nferred by ~e 
registration, and such other particulars as the Comm1ssIoner may :}unk 
fit. 
(3) In the case of an application which the Commissioner accepts 
only after the applicant has lodged the written consent to the proposed 
registration of the registered proprietor of another trade mark or another 
applicant for registration, the entry in the register shall state that it is 
made "By consent", and shall give the number of the preVIous 
registration or application for registration. 
Associated M arks 
49. (1) The Commissioner shall record and group in a separate 
part of the register all marks registered as associated marks under 
section 32 (2) of the Act. 
(2) An application by a registered proprietor under section 32 (5) 
of the Act to the Commissioner to dissolve the association between two 
or more associated trade marks shall be made in form 11, and shall 
include a statement of the grounds of the application. 
Death 0/ Applicant or Dissolution oj Corporate Applicant 
50. In case of the death of any applicant or the dissolution of a 
corporation applying for the registration of a trade mark after the date 
of the application and before the trade mark has been entered in the 
regiqer, the Commissioner, after the expiration of the prescribed period 
of advert~ment and the determination of any opposition to the 
application, may, on being satisfied of the applicant's death or the 
dissolution of the corporation, enter in the register, in place of the 
original applicant, the name of the person owning the trade mark, on the 
ownership being proved to the satisfaction of the Commissioner. 
Certificate 01 Registration 
51. Upon the registration of a trade mark the Commissioner shall 
issue to the applicant a certificate in form 12, and shall affix thereto 
a copy of the mark. 
RENEWAL OP REGISTRATION 
Renewal 
52. At any time not more than twelve months before the expiration 
of the last registration of a trade mark any person may leave at the 
Patent Office a fee for the renewal of the registration of the mark with an 
application in form 13, and, if he is not the registered proprietor, shall 
sign a statement on the form that he is directed by the registered 
proprietor to pay the fee (if such be the case), and shall give his 
address. Before taking any further step the Commissioner may require 
the person leaving the fee to furnish within ~uch time as the Com­
missi~ner may allow an authority to pay the fee signed by the registered 
propnetor; and, if he does not furnish such authority, may return the 
fee and treat it as not received. 
1n5C1 3 16 Trade Marks Regulations 1954 
Notice of Expiration 0/ Registration IP IN 11 INZL/T/2 
Page 17 
[ 1954/222 
53. (1) At a date not less than three months and not more than 
six months before the expiration of the last registration of a mark, if 
no fee has been received as aforesaid, .the Commissioner shall notify the 
registered proprietor in writing of the approaching expiration. 
(2) If an address for service has been entered in respect of the 
mark, the notice shall be sent to the registered proprietor at that address. 
If no address for service has been entered~ the notice shall be sent to the 
last known trade or business aOddress of the registered proprietor. 
Advertisement of JVon-pa}'ment 
54. If at the date of the expiration of the last registration of a mark 
the renewal fee has not been paid, the Commissioner shall advertise 
the fact forthwith in the Journal, and if between the date of the 
expiration of the registration and one month after the advertisement 
the renewal fee with an application in fonn 13 is received, together 
with the additional fee prescribed in the First Schedule, he shall renew 
the registration without removing the Inark from the register. 
R,emoval from RcgiJtcT and Rc.r;toratio7l 
55. If between the expiration of the registration o~ a trade mark and 
one month from the advertisement mentioned in regulation 54 hereof 
the fees therein mentioned have not been paid, the Commissioner may 
remove the mark from the register as of the date of the expiration of 
the last registration, but may, upon payment of the renewal fee and 
receipt of an application in form 13, together with a restoration fee 
and an application in form 14, restore-the mark to the register if he is 
satisfied that it is just so to do, and upon ~uch conditions as h~ may 
think fit to impose. 
Record 0/ RemolJal of Mark 
56. Where a trade mark has been removed from the register, the 
Commissioner shall cause to be entered in the register a record of the 
removal and of the cause thereof. 
Notict! and Advertisement of Renewal and Restoration 
57. Upon the renewal, or restoration and renewal, of a registration. 
a notice to that effect shall be sent to the registered proprietor, and the 
renewal, or restoration and renewal, shall be advertised in the Journal. 
ASSIGNMENT AND TRANSMISSION 
Application for Entry of Assignment or Transnlissioll 
58. Where a person becomes en ti tied by assignment or transmis.sion 
to a registered trade mark he shall either by himself or jointly with the 
registered proprietor apply to the Commissioner in form 15 to register 
his title. IP IN I lINZL/T 12 
Page 18 
1954/222] Trade Marks Regulations 1954 
Particulars to be Stated in Application: Copies of Documents 17 
59. An application under regulation 58 hereof shall contain the name, 
the trade or business address, and the description and nationality or 
citizenship of the person claiming to be entitled and full particulars of 
any instrument under which he claims. Except as provided in regula­
tion 60 hereof the application shall be accompanied by the original 
instrument or ;. verified copy for inspection by the Commissioner and, 
if the return of the original or verified copy is desired, a certified copy 
thereof for retention at the Patent Office. 
Statement 01 Case with Application 
60. If the applicant under regulation 58 hereof is unable to produce 
all the documents or instruments necessary to prove his title, he shall 
furnish to the Commissioner a statement of case setting out the full 
particulars of the facts upon which his claim to be proprietor of the 
trade mark is based, and showing that the trade mark has been assigned 
or transmitted to him. The statement of case shall be verified by a 
statutory declaration. 
Application for Entry of Assignment Without Goodwill 
61. (1) An applicant under regulation 58 hereof claiming under 
an assignr~lcnt' made on or after the 1st day of January 1940 shall state­
((J) Whether the trade mark was at the time of the assignment used 
in a business in any of the goods in respect of which it was 
registered; and 
(b) Whether the assignment was made otherwise than in connection 
with the goodwill of that business. 
(2) If both these circumstances subsisted, the applicant shall leave 
with the Commissioner either a copy of the Commissioner's directions 
obtained under regulation 66 hereof or an application for directions. 
The provisions of regulation 66 hereof shall apply to an application for 
directions left with an application to register title. 
(3) When the Commissioner is satisfied by such proof, including 
copies of advertisements, as he may require that his directions have 
been complied with, he shall proceed with the application to register 
title. 
Assignment to Corporation Under Section 38 
62. (1) For the purfX>5es of section 38 (4) of the Act, the period 
within which a corporation may be registered as the subsequent 
proprietor of a trade mark shall be six months from the date of the 
Journal in '-vhich the registration of the trade mark is advertised. 
(2) The Commissioner may allow an extension of this period (not 
being more than six months) upon application at any time before or 
during the period for ",,'hich the extension can be granted. 
Entry in Register 
63. When the Commissioner is satisfied as to the title of the person 
claiming to be registered, he shall cause him to be registered as 
proprietor of the trade mark in respect of the relevant goods and shall 
enter in the register and on any certificate of registration produced 
to the Commissioner the name, the trade or b~siness address, and the 18 Trade Marks RegulatiollJ 1954 IP IN 11 INZL/T 12 
Page 19 
[ 1954/222 
description of that person. The Commissioner shall note any instrument 
produced to hiIn and shall (unless no certified copy has been filed) return 
the instrument to the person producing it or his agent. 
Separate Owners 
64. Where pursuant to an application under regulation 52 hereof 
and as the result of a division and separation of the goods of a registra­
tion or a division and separation of places or markets different persons 
become registered separately under the same official number as sub­
sequent proprietors of a trade ITlark. each of the resulting separate 
registrations in the names of those different persons shall be deemed to 
be a separate registration for all the purposes of the Act. 
Commissioner's Certificate of Approval as to Certain Assignments and 
TrallJ missiolls 
65. Any person who desires to obtain the Commissioner's certificate 
under subsection (5) of section 31 of the Act, or his notification of 
approval under subsection (6) of that section, shall apply to the Com­
missioner, and shall file a statement of case in duplicate setting out the 
circumstances, and a copy of any instrument or proposed instrument 
effecting the assigrunent or transrnission. The Commissioner may call 
for any evidence or further information that he may consider necessary, 
and the statement of case shall be anlcnded if required to include all 
the relevant circumstances and shall if required be verified by a statutory 
declaration. The Commissioner., after hearing if so required the 
applicant and any other person v/horn the Commissioller may consider 
to be interested in the transfer, shall consider the matter and issue a 
certificate thereon or a notification in '''riting of approval or disapproval 
thereof, as the case may be. Whc.'rc a statement of case is anlcndeu, 
two copies thereof in it" final fornl shall be left \vitlt the Conlmissioner. 
The Commi~sioneT shall attach a copy of the statement of case in itc\ 
final form to the certificatC' or notification. 
Commissioner's Directions for Advertisl'ment of Assign 71ll:nt ~Vithollt 
Goodwill of Tvade M ark in Use 
66. (1) An application to the Commissioner under section 31 (7) 
of the Act shall be made by the assignee in form 16, and shall state th{' 
date on which the assignment WitS made. The application shall give 
particulars of the registration in the case of a registered trade mark; 
and, in the case of an unregisteJr'ed trade mark, shall show the mark 
and give particulars of the registered trade mark that has been as;:;igned 
therewith in accordance with section 31 (3) of the Act. The Com­
missioner may call for any eviden'.:e or further information, and if he is 
satisfied with regard to the various matters he shall issue directions in 
writing with respect to the advertisement of the assignment. 
(2) The Commissioner may refuse to consider such an application 
in a case to which section 31 (6) of the Act applies unless his approval 
has been obtained under the said subsection and a reference identifying 
the Commissioner's notification of approval is included in the application. 
(3) A request to the Commissioner for an extension of the period 
for making the application may be made at any time before or during 
the period for which ex tension can be allowed. The extension of the 
period which the Commissioner may allow shall not exceed six months. IP IN 11 INZL/T 12 
Page 20 
1954/222] Trade Marks Regulations 1954 19 
Application to Dispense With Probate or Letters of Administration 
67. An application under section 58 of the Act for-h:ave to dispense 
with the production of probate or letters of administration shall be 
made in form 1 7 and shall be supported by such evidence as the 
Commissioner may require. 
APPLIC .... TION TO THE COMMISSIONER POR RECTIFICATION 
Application to Rectify Register 
68. An application to the Col11II1issioner under section 35, section 
36, section 41, or section 42 of the Act for -the making, expunging, or 
varying of any entry in the register shall be made in form 18, and 
shall be accompanied by a statement setting out fully the nature of 
the applicant's interest, the facts upon which he relies, and the relief 
which he seeks. If the applicant is not the registered proprietor of the 
trade mark he shall forward a copy of the application and of the 
statement, which the Commissioner shall send forthwith to the registered 
proprietor. 
Subsequent Proceedings 
69. The provISions of regulations 38 to 46 hereof shall apply to the 
subsequent proceedings: with the ~ubstitution of references to the 
applicant for references to the opponent and references to the registered 
proprietor for references to the applicant. In case of doubt any party 
may apply to the Commissioner for directions. 
Intervention by Third Parties 
70. Any person other than the registered proprietor alleging interest 
in a registered trade mark in respect of which an application is made 
under regulation t;8 hereof may apply to the Commissioner in form 19 
for leave to intervenc, stating the nature of his interest; and the 
Commissioner may refuse or grant such leave, after hearing (if so 
required) the parties concerned, upon s!lch conditions and terms as 
he may think fit. Before dealing in any way with the application for 
leave to intervene the Commissioner may require the applicant to 
give an undertaking to pay such costs as in the circumstances he may 
award to any party. 
ApPL(CATIONS FOR ALTERATION OF THE REGISTER 
Alteration of Address 
71. (1) A registered proprietor or registered user of a trade mark 
whose trade or busincss address is· changed so that the entry in the 
register is rendered incorrect shall forthwith request the Commissioner 
in form 20 to make the appropriate alteration of the address in the 
register, and the Commissioner shall alter the register accordingly if he 
is satisfied in the matter. 
(2) A registered proprietor or registered user of a trade mark whose 
address for se.IVice .in New Zealand entered in the register is changed, 
whether by dIscontInuance of the entered a.ddress or otherwisf?, so that 
the entry in the register is rendered incorrpct, shall forthwith request 20 Trade Marks Regulations 1954 IP IN 11 INZL/T 12 
Page 21 
[ 1954/222 
the Commissioner in form 20 to make the appropriate alteration of the 
address in the register, and the Commissioner shall alter the register 
accordingly if he is satisfied in the matter. 
(3) A registered proprietor or a registered user of a trade mark 
whose registered trade or business address or address for service is 
altered by a public authority, so that the changed address designates 
the same premises as before, may leave with the request a certificate 
given by the authority as to the alteration. If the Commissioner is 
satisfied as to the facts of the case he shall alter the register accordingly 
without requiring the payment of any fee. 
(4-) In case of the alteration of the address of a person entered in 
the register as the address for service of more than one registered 
proprietor or registered user of trade marks, the Commissioner may, 
on proof that the said address is the address of die applicant and if 
satisfied that it is just to do so, accept an application from that person 
in form 20 amended so as to suit the case for the appropriate alteration 
of the entries of his address as the address for service in the several 
registrations, partictilars of which shall be given in the form, and may 
alter the entries accordingly. 
Request for Alteration 0/ the Register Under Section 43 
72. A request to the Commissioner for an alteration of the register 
under section 43 of the Act otherwise than by way of alteration of 
address shall be made in form 21, form 22, form 23, or fornl 24, as 
may be appropriate. 
Request lor Correction 0/ l!·rror 
73. A request to the COJllnlissioncr for the correction of an error 
under section 44 of the Act shall he made in fonn ~5. 
Evidence 
74. In the case of a request under regulation 72 or regulation 73, 
the Commissioner may require such evidence by declaration or other­
wise as he may think fit as to the circumstances in which the request 
15 made. 
Advertisement 0/ Certain Requests 
75. Where a request is made in form 24 to enter a disclaimer or 
memorandum relating to a trade mark, the Commissioner, before 
deciding upon the request, shall advertise it in the Journal in order to 
enable any person desiring so to do to state, within three months of 
the advertisement, any reasons in \vriting against the making of the 
entry of the disclaimer or memorandum. 
Certificates 0/ V alidit y to be Noted 
76. \Vhere the Court has certified as provided in section 61 of the 
Act with regard to the validity of a registered trade mark, the 
registered proprietor thereof may request the Commissioner in fonn 26 
to add to the entry in the register a note that the certificate of validity 
has been granted in the course of the proceedings, which shall be named 
in the form. An office copy of the certificate shall be sent with the 
request, and the Commissioner shall ~o note the register and publish 
the note in the Journal. IP IN 11 INZL/T 12 
Page 22 
1954/222] Trade Marks Regulations 1954 
ApPLICA'10N TO ALTER REOISTP.RI:O TRADE MARKS 
Application to Alter Registered TTade Mark 21 
77. An application under section 45 of the Act to add to or alter a 
registered trade mark s~all be made in fOrf!! 2 ~, and shall be accom­
panied by a representation of the mark as )t Will appear when added 
to or altered. 
Advertisement Before Decision 
78. (1) The Commissioner shall, if it appears to him expedient, 
advertise the application in the Journal before deciding it. 
(2) Any person may, within three months from the date of the 
advertisement in the Journal, give notice to the Commissioner in 
duplicate in form 28 of opposition to the application. 
(3) Upon notice of opposition being given, the provisions of 
regulations 37 to 46 hereof shall apply to the subsequent proceedings. 
In case of doubt any party may apply to the Commissioner for 
directions. 
Advertisement A/teT Decision 
79. If the Commissioner decides to allow the application he shall 
add to or alter the mark in the register, and if the mark so added to 
or altered has not been advertised under regulation 78 hereof, he shall 
advertise it in the JouTnal, and in any case shall in~rt in the Journal 
a notification that the mark has been altered. 
Printi7lg Block for Advertisement 
80. In connection with an application to alter a registered trade 
mark, the Commissioner may at any time call on the applicant to supply 
a printing block satisfactory to the Commissioner and suitable for 
advertising the mark with the addition or alteration as aforesaid, if 
in the opinion of the Commi~ioner an advertisement describing the 
addition or alteration in words would not be readily understood by persons 
in terested in the ma tter. 
RECTiFICATION OF CERTIFICATION TRADJ-; MARK ENTRIES 
AND REOtJLATlONS 
Alteration 0/ CeTtification Trade Mark Regulations 
81. An application by the registered proprietor of a certification 
trade maTk for an alteration of the deposited regulations shall be made 
in form 29. \\-'here pursuant to section 51 (2) of the Act the Com­
missioner causes the application to be advertised, the time within which 
any person may give notice to the Commissioner of opposition to the 
application shall be three months frOIn the date of the advertisement. 
Application to Commissioner for Order Rectifying Certification Trade 
M ark Entries and Regulations 
82. An application to the Commissioner under section 52 (1) of 
the Act for an order expunging or varying an entry in the register 
relating to a certification trade. mark, or varying the deposited regula­
tions, shall be made in form 30, and shall include full particulars of the 
grounds on which the application is made. 22 Trade Marks Regulations 1954 
REGISTERED USER 
Application for Entry 0/ Registered User IP IN 11 INZL/T 12 
Page 23 
[1954/222 
SS. An application to the Commissioner for the registration under 
section 37 of the Act of a person as registered user of a registered trade 
mark shall be made by that person and the registered proprietor in 
form 31. 
Entry and Notification 
84. The entry of a registered user in the register shall state the 
date on which It was made. In addition to the trade or business 
address of the registered user, the entry may include an address for 
service, given by the registered user. A notification in writing of the 
registration of a registered user shall be sent to .t:he regisfered proprietor 
of the trade mark, to the registered user, and to every other regIStered 
user ,whose name is entered in relation to the same registration of a 
trade mark, and shall be inserted in the ] oumal. 
Application by Registered Proprietor to Vary Entry 
85. An application by the registered proprietor of a trade mark for 
the variation of the registration of a registered user of that trade mark 
under paragraph (a) of section 37 (8) of the Act shall be made in 
form 32, and shall be accompanied by a statement of the grounds on 
which it is made, and, where the registered user in question consents, 
by the written consent of that registered user.' 
Application by Registered Prop~ietor or User to Cancel Entry 
86. An application by the registered proprietor or any registered 
user of a trade mark for the cancellation of the registration of a 
registered. user of that trade mark under paragraph (b) of section 37 
(8) of the Act shall be made in form 33, and shall be accompanied by a 
statement of the grounds on which it is made. 
Application Under Section 37 (8) (c) to Cancel Entr:! 
87. An application by any person for the cancellation of the registra­
tion of a registered user under paragraph (c) of section 37 (8) of the 
Act shall be made in form 34, and shall be accompanied by a statement 
of the grounds on which it is made. 
Procedure Upon Application 
88. (1) The Commissioner shall give notification in writing of any 
application under regulation 85, regulation 86, or regulation 87 hereof 
to the registered proprietor and each registered user (not being the 
applicant) of the trade mark. 
(2) Any person so notified may intervene in the proceedings by 
giving notice to the Commissioner in form 35 to that effect within one 
month of the receipt of notification by the Commissioner, and shall 
send with his notice a statement of the grounds of his intervention. 
The Commj~ioner shall thereupon send copies of the notice and state­
ment to the other parties. Any such party may within such time 3J 
the Conunissioner may allow leave evidence in support of his case. IP/N/lINZL/T/2 
Page 24 
1954/222] Trade Marks Regulations 1954 
(3) The Commissioner, after giving the parties. an opportunity of 
being heard, may accept or refuse the application or accept it subject 
to any conditions, amendments, modifications, or limitations he may 
think fit to impose. 
Cancellation by Commissioner 
89. In case of the registration of a registered user for a period, in 
accordance with paragraph (d) of section 37 (4) of the Act, the 
Conunissioner shall cancel the entry of the registered user at the end 
of the period. Where some or all of the goods are struck out from 
those in respect of which a trade mark is registered, the Commissioner 
shall at the same time strike them out from those specifications of 
registered users of the trade mark in which they are comprised. The 
Commissioner shall notify every cancellation or striking out under 
this regulation to the registered users whose permitted use is affected 
thereby and the registered proprietor of the trade mark. 
HEARINGS 
Application lor Hearing 
90. An application' for a hearing shall be made within such time 
(not being less than one month) as the Commissioner may specify from 
the date of notification by the Commissioner of any objection to an 
application or the date of any other indication that he proposes to 
exercise a discretionary power. 
Notice of Hearing 
91. (1) Upon receiving any such application the Commissioner 
shall give the person applying not less than fourteen days' notice of a 
time when he may be heard. 
(2) Within seven days from the date when the notice would be 
delivered in the ordinary course of post the person applyirig shall notify 
the Commissioner whether or not he intends to be heard in the matter. 
Notification of Decision 
92. The decision of the Commissioner in the exercise of any 
discretionary power shall be notified to the person affected. 
DLC:;CRETIONARY POWER 
Extension of Time 
93. If in any particular case the Commissioner is satisfied that the 
circumstances are such as to justify an extension of the time for 
doing any act or taking any proceeding under these regulatioll5 not 
being a time expressly provided in the Act, he may, upon applicati~n in 
writing, extend the time upon such notice to other parties and upon 
such terms as he may direct, and the extension may be granted though 
the time has expired for doing the act or taking the proceeding. 
'~t 4 24 Trade Marks Regurations 1954 IP IN 11 INZL/T/2 
Page 25 
[1954/222 
Power 0/ Commissioner to Waive Requirements 
94. Where under these regulations any person is required to do any 
act or thing, or any document or evidence is required to be produced 
or filed, the Commissioner may, upon the production of such evidence 
and subject to such terms and conditions as he thinks fit, modify or 
dispense with the doing of the act or thing or the production or filing 
of the document or evidence if he is satisfied that it is reasonable so 
to do. 
Notices of Abandonment or Withdrawal 
95. In any case where pursuant to these regulations an application 
or other proceeding is or may be deemed to be abandoned or withdrawn, 
the Commissioner may give notice to the applicant or person concerned, 
and to any other party thereto, that the application or proceeding 
has been so abandoned or withdrawn. 
Doct..T !dENTS 
Documents in Foreign Language 
96. Any document produced in proceedings before the Commissioner 
under the Act in a language other than English shall, unless the 
Commissioner otherwise directs, be accompanied by a translation thereof 
verified to the satisfaction of the Commis,ioner. In default of a transla­
tion the Commissioner may refuse to proceed further in the matter 
until a translation is supplied. 
Amendment of Documents 
97. Any application, document, or drawing or other representation 
of a trade mark may be amended upon request in form 36, and any 
irregularity in procedure which in the opinion of the Commissioner 
may be excused without detriment to the interests of any person may 
be corrected, if the Commissioner thinks fit, and on such terms, 
including the payment of a fee not exceeding £f, as he may direct. 
CERTIFICATES 
Certificates by Commissioner 
98. (1) The Commissioner may, on application accompanied by the 
prescribed fee, furnish certified copies of any entry in the register or 
certifled copies of or extracts from any register or public document or 
record kept in the Patent Office under the Act or these regulations, and 
may give a certificate as to any matter relating to the Act or these 
regulations. The Commissioner shall not be obliged to include in any 
certificate or certified copy a copy of any mark unless he is furnished by 
the applicant with a copy thereof suitable for the purpose. 
(2) A request for a further certificate of registration under section 
57 of the Act shall be in fonn 37. 
(3) A further certificate of registration issued under section 57 
of the Act shall be in fonn 12, with the addition of a statement that 
the certificate is a further certificate issued under section 57 of the Act. IP 1Nl I/NZL/T 12 
Page 26 
1954/222] Trade Marks Regulations· 1954 25 
Marks Registered Without Limitation of Colour 
99. Where a mark is registered without limitation of colour, the 
Commissioner may grant a certificate of its registration, for the PUJ1>Ose 
of obtaining registration abroad, either in the colour in which it appears 
upon the register or in any other colour or colours; but in the last­
mentioned case the certificate shall be marked "For use in obtaining 
registration abroad only". 
Certificates lor Use in Obtaining Registralion Abroad 
100. Where a certificate of registration of a trade mark is desired 
for use in obtaining registration abroad, the Conunissioner shall include 
in the certificate a copy of the mark, and may require the applicant 
for the certificate to furnish him with a copy of the mark suitable for 
the purpose, and if the applicant fails to do so may refuse to issue the 
certificate. The Commissioner may state in the certificate such 
particulars concerning the registration of the mark as he thinks fit. 
The certificate shall be marked "For use in obtaining registration 
abroad only". 
DECLARATIONS 
Manner in Hlltich and Person Before Whom Declaration to be Taken 
101. (1) The declarations required by the Act and these regulations, 
or used in any proceedings thereunder, shall be headed in the matter 
or matters to which they relate, and shall be drawn up in the first 
person, and shall be divided into paragraphs cons('cutively numbere:!, 
and each paragraph shall so far as possible be confined to one subject. 
Every declaration shall sta ~c the description and true place of abode 
of the person making the ~amc, and ~haU bear the name and address of 
the person leaving it, and shall state 011 who!:e behalf it is left. 
(2) Every such declaration shaJI be nwc!e and subscribed as follows: 
(a) If made in New Zealand, in the manner prescribed by the Justices 
of the Peace Act 1927; 
(b) If made in any other part of the Commonwealth or in the. 
Republic of Ireland, before any Court, Judge, Commissioner 
of Oaths, Justice of the Peace, or any person authorized by 
law tn administer an oath there for the purpose of a legal 
proceeding, or before any Commonwealth representative; and 
(c) If made out of the Common\4,,'ealth, before a Commonwealth 
representative or a Notary Public, or before a Judge or 
Magistra te. 
(3) For the purposes of this regulation the expression "Common­
wealth representative" means any Ambassador, High Commissioner, 
Minister, Charge d'Affaires, Consular Officer, Trade Commissioner, Of 
Tourist Commi~ioner of cl Commonwealth country (including Ne'\.v 
Zealand); and Includes any person lawfully acting-for any such officer; 
and also include.; any diplomatic secretary on the staff of any such 
Ambassador, High Commissioner, Minister, or Charge d'Affaires. 
Seal 0/ Person Taking Declaration to Prove Itself 
102. Any document purporting to have affixed, impressed, or 
subscri~d thereto or thereon the seal or signature of any person 
authorized by the last preceding regulation to take a declaration, in 
fnaet ~. 26 Trade Marks Regulations 1954 IP IN 11 INZL/T 12 
Page 27 
[ 1954/222 
testimony of the declaration having been made and subscribed before 
him, may be achnitted by the Commissioner without proof of the 
genuineness of the seal or signature, or of the official character of the 
person or his authority to take the declaration. 
SEARCH AND PRELIMINARY ADVICE 
Search and Preliminary Advice 
103. (1) Any person may request the Commissioner to cause a 
search to be made in respect of specified goods classified in anyone 
class of the Fourth Schedule to these regulations to ascertain whether 
any mark is on record at the date of the search which resembles a trade 
mark of which a representation is shown. The Commissioner shall cause 
such a search to be made and the person making the request to be 
informed of the result thereof. 
(2) Any person who proposes to apply for the registration of a 
trade mark in Part A or Part B of the register in respect of any 
goods may apply to the Commissioner for advice as to whether the 
trade mark appears to the Commissioner prima facie to be inherently 
adapted to distinguish within the meaning of section 14 of the Act, 
or inherently capable of distinguishing within the meaning of section 
15 of the Act, as the case may be, in relation to those goods. The 
application shall be accompanied by a representation of the mark 
and shall state the goods in respect of which the applicant wishes to 
register the mark. 
DESTRUCTION OF RECORDS 
Destruction of Records 
104. Where an application for the registration of a trade mark has 
been withdrawn, abandoned, or refused, or a trade mark has been 
removed from the register, the Commissioner may, at the expiration of 
fourteen years after the application is withdrawn or is deemed to be 
treated as abandoned or is refused or after the trade mark is' removed 
from the register, as the case may be, destroy all or any of the file 
records in respect of the. application or the trade mark removed. 
ApPUCATIONS TO AND ORDERS OF THE CoURT 
Application to the Court 
105. A copy of every application to the Court under the Act shall 
be served on the Commissioner. 
Order of Court 
106. Where an order has been made by the Court in any case under 
the Act, the person in whose favour the order has been made, or such 
one of them, if more than one, as the Commissioner may direct, shall 
forthwith leave at the Patent Office an office copy of the order. The 
register may, if necessary, thereupon be rectified or altered by the 
Commissioner. IP/N/lINZL/T/2 
Page 28 
1954/222] Trade Marks Regulations 1954 27 
Publication of OrdeTs 0/ Court 
107. The Commissioner may if he thinks fit publish any order 
made by the Court in the Journal. 
REV~ATIONS AND SAVINGS 
Revocations and Savings 
108. (1) The 
hereby revoked. regulations specified in the Fifth Schedule hereto are 
(2) Without limiting the provisions of the Acts Interpretation Act 
1924, it is hereby declared that the revocation of any provISion by these 
regulations shall not affect any document made or any thing whatsoever 
done under the provision so revoked or under any corresponding fonner 
provision, and every such document or thing, so far as it is subsisting 
or in force at the time of the revocation and could have been made or 
done under these regulations, shall continue and have effect as if it 
had been made or done under the corresponding provision of these 
regulations and as if that provision had been in force when the 
document was made or the thing was done. 
2 
3 
5 SCHEDULES 
FIRST SCHEDULE 
l,lST OF FEES PAY ABLE 
Matter 
On application under regulation 11 for conversion of 
specification: 
For each registration 
On application to register a trade mark (including a 
series of trade marks under section 30 of the Act, 
a defensi ve trade mark, and ·a certification trade 
mark) for a specification of goods included in ODe 
class 
On request to Corn.mi.ssioner to .tate grounds of and 
material used in decuion on application to register 
a trade mark 
For registration of a trade mark (including a defensive 
trade mark and a certification trade mark) for 
a specification of goods included in one class: 
In respect of applications filed before 1 January 1955 
In respect of other applicatiOlU • . . • 
For registration of a series of trade marks under 
section 30 of the Act for a .pecification of goods 
included in one class: 
For the tint trade mark •• 
For every other trade mark in the series AmOUDt 
£ L cL 
o 10 0 200 
1 0 0 
1 10 0 200 
200 o 10 0 Reg. 3 
I~ I Trade Manu Form No.· 
1 
5, 6, 7 28 Trade Marks Regulations 1954 
FIRST SCHEDULE-continued 
LIsT OF FEES PAYABLE--continued IP IN 11 INZL/T 12 
Page 29 
[1954/222 
I~I _______________ ~_a_t_tu __________________________ ~ ___ O_UD __ t __ ~~ __ ~_a_:_~_~_' __ .~ ~ FonnNo. 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 On application to dissoh ... e the association between 
regutered trade marks 
For renewal of registration of a trade mark (including 
a defensive trade mark and a certification trade 
mark) at expiration of last registration: . 
Where current period of registration expires ~erore 
1 July 1955 
In other ca.ses 
For renewal of registration of a series of trade marks 
under section 30 of the Act after expiration oC 
last registration: -
For the fint trade mark: 
For every other trade mark in the series 
Additional fee under regulation 54 
On application for restoration under regulation 55 
On application for registration of subsequent pro-
prietor 
On each ap'plication covering more than one trade 
mark. the devolution of title being the laDle .. in the fint trade mark: 
For the tint trade mark 
For each additional trade mark 
On application for certificate of Conunlasioner or for 
approval of ColJlDlissioner under regulation 65 
On each application covering more than one trade 
mark. the devolution of title being the same .. in the first trade mark: 
For the fint trade mark 
For each additional trade mark 
On application for directions of the Commisaioner Cor 
advc:rtiaement of uaignment of trade mark without 
goodwill 
On application to dispense: with production ofprobatc 
or letteR of adnUnistratiOll 
On application for rectification oC register or removal 
oC trade mark from register 
On request to enter alteration oC address or acldn::a 
for aervicc of proprietor or registered user (except 
where DO fee is payable by virtue of regulation 
71 (S) ) 
On each request c:ovcri..ng more than ODe trade 
mark. the alteration being the same AI in the 
fint trade JDark: 
For the fint trade mark 
For each additional trade mark 
On request to enter change of name or description or 
proprietor or registered user 
011 each request cov~ more than one trade 
mark, the Change being the same .. in the 
fint trade mark: 
For the fint trade mark 
For each additional trade mark 
On request to cancel the entry or part of the entry 
of a trade mark in the register 
On re~uest to strike out goods from those for which the 
trade mark iI registered £, L d. 
200 
400 500 
500 050 100 200 200 
200 050 
200 
200 050 100 
100 
200 
o 10 0 
o 10 0 020 o 10 0 
o 10 0 020 o 10 0 
o 10 0 11 
IS 
13 
IS 
14-
15 
16 
17 
18 
21 
22 
2S IP/N/lINZL/T/2 
Page 30 
1954/222] Trade Marks Regulations 1954 
FIRST SCHEDULE--amlinuetl 
LIsT OF FEES ,PAYABLp.--contimutl 
r_\ Matter AmouDt 
~ L cL 
20 On request to enter disclaimer or memorandum in 10 0 
21 register {; . C • • o 10 0 On request or correctlon 0 error m reguter _ .. 
22 On request under regulation 76 Cor entry oC ceriificate 1 0 0 
oC validi ty in register . 
2 0 0 23 On application for addition to or alteration of l:rC\de 
mark 
On each apthlication covering more than onc trade 
mark, e addition or alteration being the same 
as in the first trade mark: 
For the first trade mark . . · . · . 2 0 0 
For each additional trade mark · . · . 1 0 0 
24-On application to alter deposited regulatiODl 
certification trade mark oC a 1 0 0 
On each application covering more than one trade 
mark, the alteration being the same or sub-
stantially the same as in the first trade mark: 
1 0 0 For the first trade mark . . · . · . For each additional trade mark · . · . 0 2 0 
25 On application to expunge or vary entry of certifi- 2 0 0 
cation trade mark 
26 On application to enter registered user • • • • 2 0 0 
On each apthlication covering more than one trade 
mark, e condi tiom and restrictions bc::ing the 
same as in respect oC the first mark: 
2 0 0 For the tint trade mark . . •• · . For each additional trade mark · . · . 0 5 0 
27 On application to vary or cancel entry oC registered 1 0 0 
user 
On each apStlication covering more than one trade 
mark, e proprietor and user being the same 
as in the fint trade mark: 
For the fint trade mark · . · . 1 0 0 
For each additional trade mark · . · . 0 2 0 28 On request Cor permission to amend applicatioo · . o 10 0 
29 On all notices of opposition, by opponent · . 2 0 0 
30 On counterstatement, by applicant . • • . 1 0 0 
31 On application for extension of time. for each month 0 5 0 
or part thereof 
32 On bearing by Commissioner. Cor each party · . 2 0 0 
33 For further certificate oC CommiSSioner under 1 0 0 
section 57 of the Act 
34-For certificate of Cormnissioner (other than certificate o 10 0 
under section 28 and further certificate under 
35 section 57 of the Act) 
For a search under ~lation 
one mark in one class 103 (1). in respect of 0 5 0 
36 On request for Conunissioner'. preliminary advice: 
For each mark submitted in respect of one claa •• 0 5 0 
37 For typed or photographic copy of documentl . . Reasonable 
COlt ~ec;t by 
CommllSlODCr' 38 For extra space in any Journal ~v~ment where Reasonable 
the printlng block for the trade mark exceeds 3 in. 29 
~=~ Form No. 
24-
2S 
26 
27 
· . · . 29 
· . · . SO 
31 
· . · . 32. 33. 34 
· . · . 36 
2, 8, 28 · . · . 
· . 37 
· . 
· . 
· . · . 
· . 
in bread th and 2 in. in depth coat ~ec;l by 
CommISSIoner 30 Trad6 Marks Regulalions 1954 
SECOND SCHEDULE 
FORMS 
The Trade Marks Act 1953 IP IN I lINZL/T 12 
Page 31 
[ 1954/222 
T. M. Form No. 1 
Fee No. 1 
Reg. 11 (1) 
In the matter of Trade Mark No. (a) ................... registered in the name 
of (b) ....................... . 
ApPUCATION FOR CoNVERSION OF SPECIFICATION TO THE FOURTH SCHEDULE 
ApPUCATtON is hereby made by (0) ........... _ ........... , of ................ _ ...... , the registered 
proprietor of the above-mentioned trade mark No............ ....... , registered 
in Class ........................ of the Third Schedule, for the coDversion of the 
specification of the registration (d) (and the. specification(s) of the 
registered users thereunder) from the Third Schedule to the Fourth 
Schedule of the Trade Marks Regulations 1954. 
The specification (s) entered in the register in accordance with the 
Third Schedule is (or are) ........... _ .. , ....... . 
Application is made that the Commissioner should propose the 
following spc:cification (s) in accordance with the Fourth Schedule, 
upon converslon: 
Class: ........................ . 
Class: ....................... . 
Dated this ........................ day of ..... _ ................. 19 .... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (.) ....................... . 
(a) Here insert number of trade mark. (.) Here insert name of 
propnetor of trade mark. (e) Here insert (in lull) name and address 
of proprietor. (-) Cancel the words in parentheses if there are no 
regiJtered usen. ( .) Sicnature. 
The Trade Marks Act 1953 T. M. Form No. 2 
Fee No. 29 
Reg. 11 (2) 
In the matter of Trade Mark(l) No(s). (&) ..... _ ........ __ .. registered in 
the name of (b) ....................... . 
Nonca OF OPPOSITION TO CoNVEJtSJON OP SPECIFICATION-
NonCE is hereby given by (C) ....................... that it is intended to oppose the 
proposal for th~ conversion of the specification(s) of the trade mark(.) 
advertised in the Patent Office Journal No ...... _ ................. of the ....................... . 
day of ........................ 19 .... _, pa.ge ....................... . 
'The grounds of the opposition are as follows : .......... _ ........ . 
The. op~nent's address for service in New Zealand lD these 
proceedings IS ....................... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (4) ..... _ ................ . 
(.) Here imert number (.) of trade mark (s). The numben of more than 
one trade mark dealt with by the .ame proposal may be given, provided 
the specifications are the lame. e~) Here iruert name of pr<)prietor of 
trade mark. (e) Here insert full name and address of opponenL 
CS) Signature. 
• NOTE.-To be accompanied by a duplicate and a statement, in duplicate, 
showing how the propoaed conversion would be contrary to section 46 (2) of the 
Trade Marks Act 1953. IP IN II/NZL/T 12 
Page 32 
1954/222] Trad~ Marks Regu14tions 1954 31 
SECOND SCHEDULE--continued 
The Trade Marks Act 1953 T. M. Form No. 3 
Reg. 12 
In the matter of an Application No. (.) ... -_._ ...... _ ..... by (~) ...................... . 
for Registration of Trade mark (or as the case may be). 
AUTHORIZATION OF AOENT 
(0) ....... _ ......... , of ....................... , hereby a'lthori.zes and appoints (d) ........... _ .......... , 
of ...................... , to act as his (or their, or its) agent with full powers of 
substitution (except that these powers of substitution cannot be 
delegated) and revocation in respect of the above-mentioned matter 
or proceeding, and requests that all notices, requisitions, and com­
munications relating thereto may be sent to the said agent at the above 
address. 
All previous au thoriza tions, if any, in respect of the same matter 
or proceeding are hereby revoked. 
It is hereby declared that (e). 1S (or are) a (f) ....................... . 
Dated this ........................ day of ........................ 19 ..... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (S) ....................... . 
Address: (Il) ..... _._._ .... _ ... . 
(a) Here insert official number accorded the proceedinp. (.) Here 
insert name of penon making the application. ( .) Here insert full Dame 
of the person appointing the ~ent; the full name of all the partners in a 
firm must be inserted and the kind of incorporation of bodies corporate atated. 
C·) Here insert the name and address of a~nt. (e) Here insert Dame 
of person appointing the agent. ( ) Here state nationality or country 
of incorporation. (-) To be signed by penon appointing agent (see 
regulation 9). (~) Here insert full trade or business address of person 
appointing agent. 
The Trade Marks Act 1953 T. M.' Form No. 4-
Reg. 17 
In the matter of Trade Mark(s) No(s). (.) ..... _ ....... _._ registered in 
the name of (b) ....................... . 
~u~ TO ENTER AN ADDRESS POR SER.VICE 
IT is hereby requested by (0) ........... _ .... _ ..... , of ..... _____ ... _, who is about to be 
registered as (or who is) the registered proprietor (or user) of the 
above-mentioned trade mark(s) No. (d) ..... _ .... _ .. ___ .. in Class _ ......... __ . __ . .., 
for the inclusion of an address for service in New Zealand in or to the 
entry thereof so that the address for service in New Zealand may 
read: (e) ....................... . 
Dated this ........................ day of ..... _ .... _ ..... _.... 19._ .. . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (f) ..... _ ................ . 
(a) Here insert number(s) of trade mark(s). C·) Here insert Dame 
of proprietor of trade mark (s) (~) Here iruert (in full) name and ttade 
or bU'5iness address of person making request.. (C) Additional numben 
may be pven in a signed schedule attached to the fonn. Ce) State here 
the preCISe entry desired. (f) Signature. 32 Trade Marks Regulations 1954 IP IN I l/NZL/T 12 
Page 33 
( 1954/222 
SECOND SCHEDULE--continued 
The Trade Maiks Act 1953 T. M. Form No. 5 
Fee No. 2 
Reg. 18 (3) 
ApPUCATlON POR REGISTRATION OF TRADE MARK 
I/WE HEREBY apply for registration of the trade mark shown hereunder 
in Part (&) ........................ of the register, and I/we claim to be the 
proprie tor ( s) thereof. 
REPRESENTATION OF TRADE MARK 
(b) .................... . 
Name of applicant(s): (C) ....................... . 
Nationality or country of incorporation:. 
Trade or business address: ( d ) I ................. .. 
Occupation or descri~tion of business: ... 
Goocb in respect of which registration 15 desired: 
Class: (.) ...................... .. 
The mark is (t) (i) being used by the proprietor; (ii) proposed to be 
used by the proprietor; (iii) proposed to be used by a body 
corporate to be constituted (section 38 (1) (a) of the Act); (iv) 
proposed to be used by a registered user (section 38 (1 ) ( b) of 
the Act). 
la priority claimed under International Convention ?............ ..... .... If so, 
state date and country of first application or registration: (E) ........... .. 
My/Our address lor service in New Zealand is: (la) .......... .. 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. 
(a) Here insert Cl A" or .. B" according to the registration desired; if 
iD doubt, leave blank. (~) Here insert a representation of the mark. If 
the mark consist. of a word, it will be advertised in ordinary block lettering. 
If a special type u desired, a printing block must be filed. A printing block 
mUlt also be filed for any device or label mark. (e) Full Christian 
name(.) and lurname(.) of appUcant(s); if a partnership. the full names 
of all partnen must be shown. The trading style, if any, must be added. 
j·l Here insert full street address. A post office box Dumber is not sufficient. 
• Enter the ap ropriate class according to the classification of goods. 
f Strike out worZ not applicable. If the mark is to be used by a registered 
user, application in T. M. Form No. 31 must be filed slDlultaneowly. 
(~) A certificate as to the original ap~1ication or registration from the appropriate 
Oftlcial mwt be furnuhed. ( ) An address for service is required for all 
applicants who do DOt reside or carry OD business in New Zealand. (.) If 
the applicants are a partnership, one partner may sign on behalf of the others. 
The officer of a body co~rate must state in what capacity he sig~. (J) If 
the application is sIgned by an agent. an authorization lD T. M. Form No. 3 or 
other written form acceptable to the Commissioner mwt accompany the 
~pplicatiOD. IP 1Nl I/NZL/T 12 
Page 34 
195~r/222] Trade Marks Regulations 1954 33 
SECOND SCHEDULE---continued 
The Trade Marks Act 1953 T. M. Form No. 6 
Fee No. 2 
Reg. 29 
ApPLtC."TION POR REOI~TR.~TlON OP INVENTED WORD(S) AS DEFENSIVE 
TRADE MAR.!<'· 
(Il) ........... . 
ApPUC.~TION is hereby made for registration in Part (b) ........................ of the 
register of the above word (s) as a defensive trade mark in Class 
(C) ....................... in respect of (d) ....................... in the name of (.) ....................... , 
of (f) ..................... , trading as (C)........ . .... , who is the proprietor of the 
same trade mark registered in Class b) ..................... in respect of ........... _ .... _ ..... . 
under No ................. . 
It is hereby declared that the ,",yord(s) is (or are) invented. 
The particulars of the facts relied on i!l support of this application 
are set forth in the accompanying statement of case. 
Dated this ................... day of .................. 19 .. 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (I ) .......... _ .......... . 
(-) One representation of the trade mark to be affixed withiD this space. 
(b) Here insert .. A" or "B It according to the reJistration desired. 
(e) Insert number of class in accordance with classificatton of the goods. 
(.) Here specify': the goods. Only goods included in one and the same dass 
should be speCIfied. ( e) Here insert (in full) name, description, and 
nationalitv of the individual, firm (including each partner thereof), or body 
corporate making the application. It applicant is a body corporate, the country 
of lncorporation should be stated. (') Here insen full trade or business 
add~s of applicant. (.) Here insert the trading Ityle (if any). 
C-') Here insert particulars of applicaDt's registration of trade mark. (') Signature (see regulation 9). 
• NOTIt.-To be accompanied by statement of case in duplicate. 
The Trade Marks .Act 1953 T. M. Form No. 7 
Fee No. 2 
Regs. 30, 31 
ApPLICATION FOR REOISTRATION OF CERTIFICAnON TRADE MARX* 
(.) ....................... . 
ApPLICATION is hereby made for registration in Part A of the register of 
the accompanying certification trade mark in Class (It) ..... _................. in 
respect of (C) ....................... in the name of (d) ..................... , of (.) ........... _ .... . 
Dated this ........................ day of ........................ 19 ..... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (') ....................... . 
(-) One representation of the trade mark to be affixed within this space. 
(b) Insert number of class in accordance with classification of goods. 
(C:) Here specify the goods. Only goods included in one and the u.me class 
should be specified. A aeparate application form is required for each class. 
Cl) Here insert (in full) name, description, and nationality of the applicant. 
If the applicant IS a body corporate, the country of incorporation Ihould be 
stated. (e) Here insert full address of applicant. (r) Signature 
(see regula tion 9). 
• NOTIt.-To be accompanied by a duplicate, a Itatt...nent of case in duplicate, 
:lnd draft regulations in duplicate. Trade MtlTlc.s Regulatioru 1954 IP/N/lINZL/T/2 
Page 35 
[ 1954/222 
SECOND SCHEDULE---contiflued 
The Trade Marks Act 1953 T. M. Form No. 8 
Fee No. 29 
Reg. 36 
In the matter of an Application No. (&) ................. by (b) .................... . 
for Registration of Track Mark. 
NOTICE OF OpPOSmoN* 
NoncE is hereby given by (C) ................... that it is intended to oppose the 
registration of the trade mark advertised under the above number for 
Class ........................ in the Patent Office Journal No. .. of the '" .......... . 
day 01 ........................ 19 at page .................. .. 
The grounds of opposi tion are as follows:. 
Cl) ... 
The. op~nent's address for servIce in New Zealand In these 
proceedings is .................... . 
Dated this .. ......... . ... day of ...... ............ 19 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. 
(A) Here insert official number accorded the proceedings. (.) Here 
insert name of person making application for registration. (t) Here 
icsert full Dame and address of the opponent. (.) If registration i. 
opposed on the ground that the mark resembles marks already on the register, the 
numbers of those marks and the .dates of the GaultlS or journtds in which they 
have been adverilied are to be set out. (.) Signature. 
*Non.- To be accompanied by a duplicate. 
The Trade Marks Act 1953 T. M. Form No. 9 
Fee No. 30 
Reg. 38 
In the matter of an Application No. (&) .............. by (b) ........ . 
for Registration of Trade Mark and a Notice of Opposition 
by (C) ............. . 
COUNTERSTATRMENT • 
NonCE is hereby given by (d).... .. ......... ) the applicant for registration of 
the above trade mark, that the following are the grounds relied on in 
support of the application : ....................... . 
The following allegations in the notice of opposition are 
admitted : ....................... . 
The. ap~licant's address for service In New Zealand in these 
proceedmgs lS........... . 
Dated this . .. day of .................. 1"9. 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (.) .................... . 
(A) Here iD.!ert official number accorded the proceedings. (.) Here 
iruert name (in full) of person ma1ing application for re~tration. 
(.) Here insert Dame (in full) of person by whom opposition proceedingl have 
been commenced. (t) Here iruert full name and addre..ss of the 
applicant. (.) Signature. 
• NOTE.-To be accompanied by a duplicate. IP 1Nl I/NZL/T 12 
Page 36 
1954/222] Trade Marks Regulations 1954 35 
SECOND SCHEDULE--continued 
The Trad6 Marks Act 1953 T. M. Form No. 10 
Reg.47 
In the matter of an Application No. ........................ by........................ for 
Registration of Trade Mark. 
NOTICE OP NON-COMPLE.TION OF REGISTRATION 
THE Commissioner of Trade Marks~ in accordance with s«tion 28 (3) 
of the Trade Marks Act 1953 and regulation 47 of the Trade Marks 
Regulations 1954, draws attention to the fact that the registration of 
the trade mark in respect of which application numbered as above 
was made on the ................... day of ........................ 19 ... , and advertised ~ 
the Journal No. . ...................... , of the ........................ day of ........... _ ... _..... 19_ .... , has 
not been completed by reason of default on the part of the applicant. 
Unless the application is completed within.. . ...... from the 
date of this notice it will be treated as abandoned. 
Dated this . day of. . ..... ........ t 9 .... 
Commissioner of Trade Marks. 
To ....... .. 
The Trade Marks Act 1953 T. M. Form No. 11 
Fee No. 6 
Reg. 49 (2) 
In the matter of Trade Mark No. (&) .................... registered m the 
name of (b) ..... 
ApPUCATlON TO DISSOLVE ASSOCIATION BETWEE.N REGISTERED TRADE 
MARKS" 
ApPUCATlON is hereby made by ........................ , of ........................ , the registered 
proprietor of the above-numbered trade mark registered in Class ... _ ..... _ ....... , 
that the association of this trade mark with the following trade mark(s) 
registered in the same name be dissolved and the register amended 
accordingly: 
No ..................... , registered in Class ..................... . 
No .. " ................... registered in Class ..................... . 
The grounds for this application are set forth In the accompanying 
statement of case. 
Dated this ...... ....... day of .................... .... 19 .. .. 
To the Commissioner of Trade Marks 
Wellington, New Zealand. ' 
(a) Here insert number of trade mark. (.) Here insert name of 
proprietor of trade mark. (C) Signature. 
• NOTE.-To be accompanied by a statement of case. 36 Trade A-farks Regulations 1954 IP IN 11INZL/T 12 
Page 37 
[1954/222 
SECOND SCHEDULE-continued 
The Trade Marks Act 1953 
CERTIFIC.~ TE OF REOISTRA TION 
REPRESEr-;TATION OF TRADE M.\RK T. ~t Form No. 12 
Regs. 51, 98 (3 ) 
[SEAL OF PATENT OFFICE] 
I IIERF.BY certify, pursuant to the above-mentioned Act and to the 
Trade Marks Regulations 1954, that the trade mark in the application 
bearing the above-mentioned No ..................... was duly advertised in the 
Patent Office Journal No. ....................... of ................... , and has been 
registered, as set forth above, in Part ................... of the register in the 
name of the applicant in Class ..... in respect of the goods specified 
in the said application and as of the date and under the number of 
the application. 
~aled at my direction this . . ... day of ., ............. 19 ... . 
Commissioner of Trade Marks. 
Further certificate issued pur~l1ant to section 57. (To be inserted 
if certificate is issued under re.~. 98 (2).) 
The Trade Marks Act 1953 T. M. Form No. 13 
Fees Nos. 7, 8 
Regs. 52, 54, 55 
In the matter of Trade Mark No. (a) ........................ registered In the 
name of (b) ................... " 
ApPLICAnON FOR RENEWAL OF REGISTRATION OF TRADE MARK" 
ApPUCATlON is hereby made for renewal' of registration of the above-
numbered trade mark in Class . in the name of (t) ...... ". ... , 
of .................... , and the prescribed fee ot ................... is hereby transmitted 
CS) .................... at the direction of the registered proprietor of the trade 
mark. 
Dated this ....................... day of ........................ 19 .... .. 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (.) ...................... .. 
(f) .................... .. 
(I) Here in5ert number of trade mark. Cl) Here insert name (in 
full) of proprietor of trade mark. (~) Here. insert (in full) name and 
addresi of proprietor. ("I) If the fee u trammitted by the J:.oprietor 
himself, thu pa.~age should be ~truck out. (') Signature of person 
transmitting fee. (') Address of person signing. 
··NOTE.- This form will be returned if it i, filed more than twelue months 
before the expiration of the la.st registration. IP/N/lINZL/T/2 
Page 38 
1954/222] Trade Marks Regulations 1954 37 
SECOND SCHEDULE-continued 
T. M. Form No. 14-
Fee No. 10 
Reg. 55 
The Trade Marks Act 1953 
In the matter of Trade Mark No. (a) ............. ..... . registered 10 the 
name of (b) ................. . 
ApPUC .. \TION FOR RESTORATION OF REGISTRATION OF 'TRADE MARK 
ApPLICATION is hereby made by (C) ....................... , of .... _ .................. , for restora-
tion to the register of trade mark No. (a) ........................ in Class ........................ , 
on the following grounds : ....................... . 
The additional fee of £2 and the renewal fee of £5 with T. M. 
Fonn No. 13 are transmitted herewith. 
Dated this ....... .. day of ................... 19 .... .. 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. 
(.) Here insert number of trade marks. 
registered proprietor. (C:) Here insert name 
person transmitting. the fees. ('S) Signature. (d) ...................... . 
(.) Here insert name of 
(in fuU) and address of 
T. M. Form No. 1.5 
Fee No. 11 
Reg. 58 
The Trade Marks Act 1953 
In the matter of Trade Mark(s) No(s). (&) ..................... registered in the 
name of (b) .............. . 
ApPLICATION FOR REGISTRATION OF SUBSEQt...TENT PROPRIETOR­
ApPLICATION is hereby made under regulation 58 of the Trade Marks 
Regulations 1954 that the name of (C) ........................ , carrying on business 
as (d) ................ .. at (e)................. , may be en tered in the register of trade 
marks as proprietor of the trade nlark (s) No (s). (t) ....................... in Class 
as from the (~) ..... , by virtue of Cb) .. , ............... . 
(') The trade mark(s) at the time of the assignment was (were) 
( I) (not) used in a business in the goods in question, and the assignment 
(I) (took) (did not take) place in connection with the goodwill of a 
business in the goods. 
The applicant's address for service in New Zealand is. .......... _ ........ . 
Dated this ................. .. day of ........... ". ........ 19 .... .. 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (J) ................. _ ..... . 
(Il) ....................... . 
(a) Here insert number(s) of trade mark(s). C·) Here insert name 
of registered proprietor of trade mark (s). ee) Here insert name (in full) 
and nationality or kind and country of incorporation of transferee. 
(.) Occupation or description of trade of transferee. (.) Trade or 
bwiness address of transferee. (f) Additional numben may be given in 
a signed schedule attached to the fonn. (-) Here iruert date of acquisi­
tion of proprietorship. (Ill) Full particuh •. n of instrument of assignment 
or transmission, if any J or statement of case. (I) Strike out any words 
not ~pplicable (see regulation 61) . (J ) Signature of assignor. 
(k) Signature of transferee. 
• NOTE.-The instrument under which the tran~feree claims should 
accompany this fonn. If an instrument cannot be produced, a statement· of 
case mu~t be furnished. 
This application may be signed by the proprietor and the transferee, or by 
the transferee only. 38 Trade Marks Regulations 1954 IP IN 11 INZL/T 12 
Page 39 
[1954/222 
SECOND SCHEDULE--continued 
The Trade Marks Act 1953 T. M. Fonn No. 16 
Fee No. 13 
Reg. 66 
In the matter of Trade Mark (s) No (s). (a) ........... _ .......... .registered Ul 
the name of (b) ....................... . 
ApPLICATION FOR. DmECTIONS FOR ADVERTISEMENT OF AssIGNMENT OF 
TRADE MARKS OnmRWISE THAN IN CoNNECTION WITH GooDWILL 
OP TIlE BUSINESS 
ApPLICATION is hereby made by (C) ........................ , of ........................ , for the 
Commissioner's directions with respect to the advertisement of an assign­
ment to him of the following trade marks otherwise than in connection 
with the goodwill of the business in which they were used at the time 
of assignment, namely: 
( 1) Registered trade marks-
(2) No. I a-
(d) 
all of which are or were registered in the name of (.) ..................... , 
of ........................ , who is the assignor: . 
Unregistered trade-marks ( r), all being marks used in his business 
at the time of the assignment in respect of the goods stated 
below, by (.) ........................ , of ....................... , who is the assignor-
(cf) GoodI iD RC8pect oCWh.ich the Mark H .. Been U8Cd 
audia~ed 
The date of assignment was the ........................ day of ........................ 19 ..... . 
The instrument effecting the assignment is sent herewith, together 
with a copy thereof. 
It is suggested that advertisement shall be directed as follows-
namely, in ....................... . 
Dated this ........................ day of ........................ 19 ..... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (.) ....................... . 
ca) Here insert number(s) of registered trade mark{s). (b) Here 
insert name of proprietor of trade mark (s) . ( C ) Here insert (in 
full) name and trade or business address of assignee (applicant). 
(.) Additional marks and numbers may be given in a signed schedule attached 
to the (orm. (e) Here insert (in full) name and trade or business 
address of proprietor (assignor). (') Only those unregistered trade 
marks passing by the one assignment and used in the same business and for 
the lame good.. as those for which one or more of the registered marks are 
registered may be stated here. (C) Signature. IP 1Nl lINZL/T 12 
Page 40 
:1954/222] Trade Marks Regulations 1954 39 
SECOND SCHEDULE--continued 
T. M. Form No. 17 
Fee No. 14-
Reg. 67 
The Trade Marks Act 1953 
In the matter of Trade Mark(s) No(s). (a) ........................ registered in 
the name of (b) ....................... . 
. APPUCATION UNDER SECTION 58 (2) POR LEAVE TO DISPENSE Wrrv. 
PRODUCTION OF PROBATE OR LETTERS OP AnMINlSTRAnON* 
ApPUCATION is hereby made by (0) ........................ , of ..... _ .... _ ........... , for leave to 
dispense with the production of probate of the will of (d) ..... _ .......... _ ... _ 
(e) or letters of adtninstration in the estate of (t) ...........•............ deceased 
-who was the proprietor of the above mentioned trade marks(s). 
The grounds upon which this application is made are as follows: 
1. TIle deceased died (e) testate (or intestate) at (t) ........... _ ........... OD 
the ...................... day of .................... 19 ...... , and at his death was 
domiciled in 
2. (e) I am entitled to obtain (e) probate of the will of the deceased 
(or letters of administration in the deceased's estate). 
(Or) 
( e) I am the legal representative of the deceased in the country 
of his domicile by virtue of ( .) probate ( or letters of 
administration) granted to me by (C) ........................ at ....................... . 
on ...................... day of ....................... 19 ..... . 
3. (.) Probate of the will of the deceased has (or letters of adminstra­
tion in the deceased's estate have) not been granted or 
resealed in New Zealand. 
4. No duty is payable in New Zealand in the estate of the deceased, 
as is evidenced by a certificate from the Conimissioner of 
Inland Revenue annexed hereto. 
5. The interests of the creditors of the deceased an~ of all persons 
beneficially interested under his will or in his estate will be 
adequately safeguarded in the following manner: (b) .................... . 
'Ibe applicant's address for service in New Zealand in these 
proceedings is ................... . 
Dated this day of 19 ..... 
( l) ...................... . 
(-) Here insert number(s) of trade mark (s). C') Here insert name 
of regUtered proprietor of trade mark (s). (e) Here insert full name, 
address, occupation, and nationality of applicant. C') Full name of 
deceased. ( .) Strike out any words not applicable. ( r) Here 
insert place and date of death and country of domicile. (C) Here insert 
title of official or name of Court making the grant and date of grant. 
(") Here state the means by which the interesu are safeguarded. 
( I) Signature. 
• NOTIt.-To be accompanied by a c~rtificate from the Commissioner of 
Inland R~venue. Application in T.M. Form No. 15 or T.M. Form No. 28 will 
have to be filed after leave to dispense with the production of probate or letten 
of adnUnistration has been granted. 40 Trade Marks Regulations 1954 IP 1Nl lINZL/T 12 
Page 41 
[ 1954/222 
SECOND SCHEDULE-continued 
The Trade Marks Act 1953 
In the matter of Trade Mark No. (a) ... 
name of (b) T. M. Form No. 18 
Fee No. 15 
Reg. 68 
registered In the 
ApPLICATION FOR RECTIFICATION OF REOISTER OR REMOVAL OF TRADE 
MARK FROM REGISTER-
ApPUCATlON is hereby made by (C) ........................ , of ..................... , that the 
entry in the register in respect of the above-men tioned trade mark 
No ........................ in Class ................... may be removed (d) rectified in the 
following manner : ....................... . 
The grounds of the application are as follows :.. ..... _ ...... . 
No action concerning the trade mark in question_ is pending In the­
Court. 
The. ap~licant's address for service in New Zealand in these 
proceedIngs 15 ....................... . 
Dated this day of ....... .. 19 .... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (e) .............. . 
(a) Here insert number of trade mark. ( .. ) Here insert name of 
proprietor of trade mark. (C) Here insert (in full) name and address 
of penon applying for rectification or removal of entry in register. 
Cl) Strike out word or words not applicable. (e) Signature. 
*NOTJt.-To be accompanied by a duplicate and a statement of case ill 
duplicate. 
The Trade Marks .Act 1953 
In the matter of Trade Mark No. (a) .. 
name of (b) .............. . .. and an application 
Removal by ( C ) ... . T. M. Form No. 19 
Reg. 70 
.. registered in the 
for Rectification or 
ApPUCATlON FOR LE.,VE TO INTERVENE IN PROCEEDINGS FOR 
RECllF1CATlON OF REGISTER OR REMO\"Al~ OF TRADE MARK FROM 
REGISTER 
ApPUCATlON is hereby made by (d) ..................... J of ...... , for leave to 
intervene in the proceedings relating to the rectification or removal of 
the entry in the register in respect of the above-mentioned trade mark 
No ......................... in Class ..... ........... ...... . 
The interest in the trade mark of the applicant for leave to intervene 
IS ...................... . 
The address for service in New Zealand in the~ proceedings of the 
applicant for leave to intervene is ... . ............. . 
Dated this ........................ day of ............ _. .. 19 ... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (f') ...................... . 
(. ) Here insert number of trade mark. (.) Here insert name .:. in 
full) of proprietor of mark. (C) Here insert name (in full) of person 
br whom application for rectification or removal of entry in register was made. 
( ) Here insert (in full) name and address of person applying for leave to 
i nt,.rv,.nf". ( .) Sisrna ture. IPINI 1 INZL/T 12 
Page 42 
1954/222] Trade Marks Regulat.ions 1954 41 
SECOND SCHEDULE-continued 
The Trade Marks Act 1953 
In the matter of Trade Mark(s) No(s). (a) 
the name of (1)) ....................... . T. M. Form No. 20 
Fee No. 16 
Reg. 71 
registered in 
REQl'EST FOR ALTERATION OP TRADE OR BUSINESS ADDRESS IN THE 
REGISTER; OR REQUEST FOR AL":"ERATION OF ADDRESS FOR. SERVICE-
IT is hereby requested by ........................ , of ........................ , the registered 
proprietor (or user) of the above-mentioned trade mark (5) No. 
(C) ........................ in Class ........................ , that the trade address (address for 
service) (d) in the register of trade marks be altered to ....................... . 
Dated this ., ..................... day of ........................ 19 ..... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (e) ....................... . 
(a) Here insert number(s} of trade mark (I). (-.) Here insert name 
(in full) of registered proprietor of trade mark(I). (C) Additional 
nurnber~ may be given in a. signed schedule .attached to the fonn. 
(d) Stnke out any words not apphcable. (e) Signature. 
• NOTE.-A registered proprietor or registered wer whose address has been 
altered by a public authority, so that the changed address designates the same 
premises as before, may furru.h a certificate from the authority. If the 
Commissioner is satisfied as to the fact.s~ he will not require any fee. 
The Trade Marks Act 1953 T. M. Form No. 21 
Fee No. 17 
Regs. 72, 74-
In the matter of Trade Mark(s) No(s). (a) ....................... registered in 
the name of (b) ...................... .. 
REQUEST TO ENTER. CHANGE OF N:\!.IE OR DESCRIPTION OF REGISTERED 
PRoPRIETOR OR USER 
IT is hereby requested that (C) ........................ may be entered in the register 
of trade marks as (d) ....................... of the above-mentioned trade mark(s) 
No. (.) ........................ registered in Class ....................... . 
( f) .. , . .. . ........ is en ti tled to (.) .......... ............ There has been no change 
in the (b) .. ..................... of the said trade mark, bu t ( I ) .... ..................... The 
entry at present standing in the register gives the name and description 
of the (d) ........................ as follows : ....................... . 
Dated this ............. .. day of ........................ 19 ..... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. 
(a) Here insert DUfilber(s) of trade mark(s). (It) Here insert name 
(in full) of proprietor of trade mark(s}. (C) Insert present name, 
address, and de.scription of registered proprietor or registered were 
(d) Insert the word " proprietor" or the words U registered user", as the case may 
be. (e) Additional numbers may be given on a signed schedule attached 
to the form. (f) Here insert pre~nt name of proprietor or registered user, 
as in (e) above. (a) Insert the word. "the said trade mark(t)" or 
"use the said trade mark (5) as registered user", as the case may be. 
{la) Insert the words "actual proprietorlhip It or "identity of the registered 
user", as the case may be. ( .) Here state the circUDlStance:s under which 
the change of name took place. Evidence of the change of name (in the 
case of the change of name of a company a certificate from the Rqistrar of 
Carnn:lni~ l 5h(!)uld be sun.,Ji~d_ (J l Si2"natur~_ 42 Trade Marks Regulations 1954 IP/N/lINZL/T/2 
Page 43 
[ 1954/222 
SECOND SCHEDULE--continued 
The Trade Marks Act 1953 T. M. Form No. 22 
Fee No. 18 
Reg. 72 
In the matter of Trade Mark No. (.) ........................ registered In the 
name of (It) ... h ••••••••••••• 
ApPLICATION BY RlooISTERED PROPRIETOR OP TRADE MARK TO CANCEL 
ENn:tV IN REGISTER 
ApPLICATION is hereby made by (C) ....................... , of ..................... , that the 
entry in the regi.ster of trade marks of the above-mentioned trade mark 
No .................. _ ..... in Class ..................... may be cancelled. 
Dated this ....... . ....... day of ........................ 19 ..... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. 
(.) Here insert number of trade mark. (.) Here insert name (in 
full) of proprietor 01 trade mark. (C) Here insert the full name, trade 
or business addreu, nationality, and description of applicant. 
C·) Signature. 
The Trade Marks Act 1953 T. M. Fonn No. 23 
Fee No. 19 
Regs. 72, 74 
In the matter of Trade Mark No. (a)............. . .. registered in the 
name of (-) 
ApPLICATION BY REOISTERED PROPRIETOR OP TRADE MARIt TO STRIK.E 
01JT GooDS PROK THOSE FOR WmCH THE TRADE MARK IS REoISTERED 
APPLICATION is hereby 
striking out of (4) .. 
trade mark No. 
Dated this made by (C) .................. , of .... ......... . for the 
.. from the goods for which the above-mentioned 
is registered In Class ..... 
day of 19 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. 
(.) Here insert auznber of trade mark. (.) Here insert name (in 
full) of proprietor of trade mark. ( .) Here insert the full name, trade 
or bwmess add t'eSS , and description. (4) Here designate the goods to be 
struck out. (e) Signature. IP/N/lINZL/T/2 
Page 44 
1954/2221 Trade Marks Regulations 1954 43 
SECOND SCHEDULE--continued 
The Trade Marks Act 1953 
In the matter of Trade Mark No. (a) 
name of (b) T. M. Form No. 24-
Fee No. 20 
Regs. 72, 74, 75 
registered ID the 
RE.QUEST BY RE.GISTE.RED PROPRIETOR OF A TRADE MAllK POR A DIscLAIMER 
OR MEMORANDUM TO BE RE.GISTERED 
IT is hereby requested by (C) ........ _ ............. , of ........... _ ........... , that an addition 
may be made to the entry in the register in connection with the above-
mentioned trade mark No ..................... in Class ..................... _ .. of the following 
............ _. -namely, ...................... .. 
Dated this . .............. day of .... _ .......... -... _ 19 ... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (d) ....................... . 
(.) Here insert number of trade mark. (~) Here insert name (in 
full) of proprietor of trade mark. (e) Here insert the full name, trade 
or business addresa, and description of the registered proprietor. 
(.) Signature. 
The Trade Marks Act 1953 
In the matter of Trade Mark No. (a) .. 
name of (b) .............. _ .. _ .. T. M. Form No. 25 
Fee No. '21 
Reg. 73 
registered In the 
REQuEST FOR CoRRECTION OP ERROR IN THE REGISTER 
IT is hereby requested by (C) .................... , of . __ .' ............ , that .................. .. 
Dated this . -....... ...... day of .. ..~ ........ _ 19 .... . 
To the Commissioner of Trade Marks" 
Wellington, New Zealand. (d) ....................... . 
(&) Here insert number of trade mark. (.) Here insert name (in 
full) of proprietor of trade mark. (C) Here insert full name, addreu, 
and de.!cription of person making the request. (4) Signature. Trade Marks Regulations 1954 IP IN 11 INZL/T 12 
Page 45 
[ 1954/222 
SECOND SCHEDULE-continued 
The Trade Marks Act 1953 T. M. Form No. 26 
Fee No. 22 
Reg. 76 
In the matter of Trade Mark(s) No(s}. (A) ................. registered Ul 
·the name of (b) ..................... . 
REQUEST POR ENTRY ON REGISTER, AND ADVERTISEMENT, OF NOTE OF 
CERTIFICATE OP VALIDITY BY THE CoURT 
IT is hereby requested by (C) ...................... of ....................... , that the Com-
missioner add to the above-numbered entry (ies) of a trade mark in the 
re~ter, and advertise in the Patent Office Journal, a note that in 
(d) ........................ the Court certified that the validity of the said registra-
tion (s) came into question and was decided in favour of the proprietor 
of the trade mark(s) in the terms of the accompanying office copy of 
the certificate of validity. 
Dated this ............. ........ day of ... ............ ... 19 ..... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. 
(a) Here in.tert number(.} of trade markC.}. (~) Here insert name 
(in fUll) of proprietor of trade mark(s). (C) Here insert full name and 
address of proprietor. (d) Here state the nature of the proceedings, with 
the names of the parties to them, in which the certificate was gIven. (.) 
Signature. 
The Trade Marks Act 1953 T. M. Fonn No. 27 
Fee No. 23 
Reg. 77 
In the matter of Trade Mark No. (a)......... ... .. registered In the name of (b) ....................... . 
AppUc.~nON BY REGISTERED PROPRIETOR FOR ADDrnON TO OR 
ALTERATION OP TRADE MARK 
ApPUCATlON is hereby made by (C) ....................... , of .................... , being the 
registered proprietor of the above-men tioned trade mark No. . .................. . 
in Class ..... _ .... : ............ , that the Commissioner shall add to it or alter it 
in the following particulars-that is to say, (d) .................... . 
A copy of the mark as it will appear when so altered is filed 
herewith. 
Dated this . day of 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. 19. 
(a) Here insert number of trade mark. (-) Here insert name (in 
Cull) of proprietor of trade mark. (e) Here insert full name. trade or 
businesJ address, and d~scription. (d) Here fill in full particulars. 
(e) Signature. IP 1Nl I/NZL/T 12 
Page 46 
1954/2221 Trade Marks Regulations 1954 45 
SECOND SCHEDUL.E-;continued 
The Trade Marks Act 195.1 
In the matter of Trade Mark No. (a) ....... . 
name of (b) T. M. Fonn No. 28 
Fee No. 29 
Reg. 78 (2) 
registered III the 
NOTICE OF OPPOSITION TO ApPLIC.-\TIOr--.; TO ADD TO OR ALTER TRADE 
M ARK * 
NOTICE is hereby ~iven by (C) ... . " .... , of ..................... , that it is intended 
to oppose the addition to or alteration of the above-mentioned trade 
mark No. ....... .......... in Class ............... .. so that it shall be in ~ form 
shown in the application advertised in the Patent Office Journal 
No ............. of the.. ..... ... day of " ............... 19 ...... , at page ... .. 
The grounds of opposition are as follows : ....................... . 
The opponent's address for service in New Zealand in these 
proceedings is 
Dated this day of . 19 
To the Commissioner of Trade Marks, 
WeHington, New Zealand. (d) .............. _ ... . 
(a) Here insert number of trade mark. el) Here insert name (in 
full) of proprietor of trade mark. (C) Here insert (in full) name and 
address of opponent. (") Signature. 
• NOTE.-- To be accompanIed. by a duplicate. 
The Trade Marks Act 1953 T. M. Form No. 29 
Fee No. 24-
Reg. 81 
In the matter of Certification Trade Mark(s) No(s). (&).... .. ......... . 
registered in the name of (b) ... 
ApPUCATION TO ALTER DEPOSITED REOt.'LATIONS GoVERNING USE OF 
CERTIFICATION TRADE MARK-
ApPLICATION is hereby made by (C) .................... , of ..................... , who is the 
proprietor of the certification trade mark(s) No. (d) ........................ registered 
in Class .................... in respect of (.) ...................... , that the deposited regula-
tions for governing the use of the mark may be altered in the manner 
shown in red in the accompanying copies of the regulations as proposed 
to be altered, and for the consent of the Commissioner to such 
alteration. 
Dated this day of 19 .. 
To the Commissioner of Trade Marks, 
Wellington~ New Zealand. ( r) 
(a) Here insert number(s) of trade mark(s). (b) Here insert name 
(in full) of proprietor of trade mark(s). (C) Here insert name and 
address of the proprietor as registered. (.) If the same regulations 
apply to more than one registration, the numbers of all the registrations should 
be stated. Additional numbers and specifications may be given in a signed 
:schedule attached to the fonn. (.) Here state the specifications ol the 
respective registrations. (f) Si~nature. 
• To be accompanied by a duphcate of the regulations as proposed to be 
;lltered. Trad6 Marks Regulations 1954 IP IN 11 INZL/T 12 
Page 47 
[1954/222 
SECOND SCHEDULE--continued 
Th6 Trade Marks Act 1953 T. M. Form No. 30 
Fee No. 25 
Reg. 82 
In the matter of Certification Trade Mark(s) No(s). (A) .................... . 
registered in the name of (b) ..... _ ............... . 
ApPUCATION FOR ORDER. EXPUNGING OR VARYING ENTRY IN REOISTER 
. RELATING TO CERTIPICATION TRADE MARK OR V ARYl NO DEPOSITED 
REGULATIONS· 
ApPUCATlON is hereby made by (C) ................... , of .................... , being an 
aggrieved person~ for an order of the Commissioner that-
(cS) (1) The entry in the register in respect of the above-mentioned 
trade mark may be expunged (d)varied in the following 
manner: .............. . 
( d) ( 2) The deposited regulations governing the use of the above­
mentioned trade mark may be varied in the following 
manner: 
TIle grounds of the application are as follows : ...................... . 
TIle applicant's address for servtce in New Zealand ill these 
proceedings is ....................... . 
Dated this ........................ day of ....................... 19 .... .. 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (e) ................... .. 
(a) Here insert number(s) of trade mark(s). (.) Here insert name 
(in full) of proprietor of trade mark (s) . (':) Here state full name and 
address. (.) Strike out words or paragraph not applicable. 
(.) Signature. 
• NOTE.-To be accompanied by a copy and a Itatement of case in duplicate. IP IN I l/NZL/T 12 
Page 48 
1954/222] Trade Marks Regulations 1954 47 
SECOND SCHEDULE-continued 
T. M. Form No. 31 
Fee No. 26 
Reg. 83 
The TTade Marks Act 1953 
In the matter of Trade Mark(s) No(s). (.) ..................... registered m 
the name of (b) ....................... . 
APPLICATION JlOR REGISTRATION OF REGISTERED USER* 
ApPUCA nON is hereby made by (C) ........................ , of ..... _ ................. , who is the 
registered proprietor of the above-mentioned trade mark(s) No. 
(cl) ........... _........... in Class ........................ In respect of (.) ........................ that 
(t) ........................ , of (C) ........................ , who hereby joins in the application, 
may be registered as a registered user of the aforesaid trade mark(s) 
in respect of (h) ....................... , subject to the following conditions or 
restrictions: ( 1 ) ...................... .. 
( J) The proposed permitted use is to end on the .......... .............. day of 
..... _ ................. 19 ..... . 
(l) The proposed permitted use is without limit of period. 
The proposed registered user's address for service in New Zealand 
15 ....................... . 
Dated this ........................ day of ....................... 19 ..... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (k) ....................... . 
(lE) ....................... . 
(a) Here insert number{s) of trade mark (5). (It) Here insert name 
(in full) of proprietor of trade mark (s). (C) Here insert (in full) Dame, 
trade or business address" and description of proprietor. (.) Additional 
numbers may be given in a signed schedule attached to the form. 
(e) Here insert specification in the register. (t) Here insert (in full) 
name, description" and nationality of the individual, partnenhip (including each 
partner thereof), or body corporate proposed as regi'tered user. In case of a 
body corporate, the kind and country of incorpo .. :ation should be stated. 
(S) Here insert full trade or bwiness address of proposed registered were 
( .. ) Here insert designation of goods. (I) Here show the degree of 
control over the permitted use. (J) Strike out words Dot applicable. 
(lE) Signatures. 
• NOTK.-To be accompanied by a statement of case giving particulan and 
stating as required by section 37 (4-) of the Trade Marks Act 1953 verified by 
a statutory declaration made by the proprietor or by tome person authorized 
to act on his behalf and approved by the Commissioner. A written agreement, 
if any" and copy thereof should accompany the statement of case. 48 Trade Marks Regulations 1954 IP/N/1/NZL/T/2 
Page 49 
(1954/222 
SECOND SCHEDULE-continued 
The Trade Marks Act 1953 T. M. Fonn No. 32 
Fee No. 27 
Reg. 85 
In the matter of Trade Mark(s) No(s). (a) ....................... registered ID 
the name of (b) ...................... .. 
APPUCA"I1ON BY REoISTERED PROPRIETOR FOR VARIATION OF REGISTRATION 
OP REGISTERED U SEa WITH REOARD TO G<X>DS OR CoNDITIONS OR 
REsnuCTIONS· 
APPUCATtON is ~ereby made by (C) ....................... , of ........................ , the registered 
proprietor of the above-mentioned trade mark(s) No. (CS) ... _ ................. in 
Class ..... _................. in respect of (.) ....................... that the registration of 
(f) ................. _ ..... , of ........................ , as a registered user of the aforesaid trade 
mark(s) in respect of (.) ........................ may be varied in the following 
manner: (Il) ...................... .. 
Dated this ........................ day of ........................ 19 ..... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. ( I ) ..... _ ............... .. 
(a) Here insert number(s) of trade mark Cs). (It) Here insert name 
(in full) of proprietor of trade mark (s). (C) Here insert (in full) 
name, description, and trade or business address of the proprietor. 
(.) Additional numbers may be given in a signed schedule attached to the 
form. (e) Here insert the specification in the register. (') Here 
insert (in full) name, description, and trade or business address of register user. 
(-) Here insert goods in respect of which user is registered. C~) Here 
Itate iD terms the manner in which it is requested that the eDtry should be 
varied. ( I ) Signature. 
• NOTJt.-To be accompanied by a statement of the grounds. for the 
application and written consent (if given) of the registered user. IPINI I/NZL/T 12 
Page 50 
1954/222] Trade Marks Regulations 1954 49 
SECOND SCHEDULE--continued 
The Trade Marks Act 1953 T. M. Form No. 33 
Fee No. 27 
Reg. 86 
In the matter of Trade Mark(s) No(s). (a) ........................ registered in 
the name of (b) ....................... . 
ApPLICATION BY REGISTERED PROPRIETOR OR USER POR CANCELLAnON 
OF ENTRY OF REGISTERED USER· 
ApPUCATION is hereby made by CC) ........................ , of ........................ , being (d)the 
registered proprietor (a registered user) of the above-mentioned trade 
mark ( s ) No. (. ) ... ....... .... ....... ... in Class ................. _..... in respect of (r) ..... _ .... _ .......... . 
for the cancellation of the entry under the aforesaid registration of 
(.) ........................ as a registered user of the trade mark(s) in respect of 
(11) ....................... . 
The grounds for this application are set forth in the accompanying 
statement. 
Dated this ........................ day of ........................ 19 ..... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (I) ....................... . 
(a) Here insert number(a) of trade mark-Cs). (~) Here insert Dame 
(in full) of proprietor of trade mark. (e) Here inaert (in full) Dame, 
description, and trade or business address of the applicant. (C) Strike 
out words not applicable. (e) Additional numbers may be given in a 
signed schedule attached to the form. (t) Here insert specification in 
the register. (.) Here insert (iD full) name. description. and trade 01' 
business address of registered user whose entry is sought to be cancelled. 
(") Here insert goods in respect of which the registered user is entered. 
( I) Signature. 
• NOTIt.-To be accompanied by a statem~Dt of the grounds for the 
applicatioD. 50 Trade Marks Regulations 1954 IP IN I I/NZL/T 12 
Page 51 
[1954/222 
SECOND SCHEDULE--continued 
Th. Trade Marks A.ct 1953 T. M. Form No. 34-
Fee No. 27 
Reg. 87 
In the matter of Trade Mark(s) No(s). (.) ........................ registered In 
the name of (b) ....................... . 
A,pPUCATION FOR CANCELLATION OP ENTRY OF REGISTERED USER* 
ApPUCATION is hereby made by (0) ........... _ ........... , of ........................ , for the 
cancellation of the entry under the above-mentioned registration(s) of 
trade mark(s) No. (cl) ........................ in Class ................. _ ..... of ~.) ........................ J of 
........................ , as the registered user thereof in respect of ( ) ...................... . 
The grounds of this application, particulars of which are given in 
detail in the accompanying statement of case, are (.) ....................... . 
The. ap}:!licant 9s address for service in New Zealand in these 
proceedlIlgS IS ....................... . 
Dated this ........... _ ........... day of ........................ 19 ..... . 
To the Commissioner of Trade Marks., 
Wellington, New Zealand. (b) ....................... . 
ca) Here insert number(s) of trade mark(s). (It) Here insert name 
(iD lull) of proprietor of trade mark (s) . ( .) Here insert name and 
addreas of applicant for cancellation. (4) Additional numbers may be 
given in a 5i«ned achedule attached. to the form. (e) Here insert name. 
trade or business address, and description of regittered user as entered in register. 
1') Here insert goodl in respect of which registered user is entered . 
• ) Here ime.rt one or more of the aubparagraphs of paragraph ( c ) of section 
7 (8) of the Trade Marks Act 1953. (.) Signature. 
• NOT&.-To be accompanied by a statement of the grounds for the 
applica tion. 
The Trade Marks Act 1953 T. M. Form No. 35 
Reg. 88 
In the matter of Trade Mark(s) No(s). (.) ........................ registered In 
the name of (b) ........................ and an Application by (0) ........................ to 
cancel or vary an Entry of a Registered User. 
NOTICE OF INTENTION TO INTERVENE IN PROCEEDINGS FOR VARIATION 
OR CANCELLATION OF ENTRY OF REGISTERED USER* 
NOTICE is hereby given in reply to the Commissioner's notification dated 
the ........... _ .... _.... day of ......................... 19...... that (4)........................ intends to 
intervene in the proceedings in the above matter. 
The address for service of (4) ........................ in New Zealand for the 
purpose of these proceedings is ...................... . 
Dated this ................. _ ..... day of ........................ 19 ..... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (e) ....................... . 
(a) Here insert number (.) of trade mark (s) . (It) Here insert name 
(in full) of proprietor of trade mark(s}. (C) Here insert name (in full) 
of person making application for variation or cancellation of entry of registered 
user. (.) Here insert name (in full) of person intending to intervene. 
( e) Signa tun. 
• NOTK.-To be accompanied by a statement of the grounds for intervention. IP/N/lINZL/T 12 
Page 52 
1954/222] Trade Marks Regulations 1954 51 
SECOND SCHEDULE-=continu6d 
The Trade Marks Act 1953 T. M~ Form No. 36 
Fee No. 28 
Reg. 97 
In the matter of an Application No. (.) ........................ by (~) ........................ for 
Registration of Trade Mark. 
REQUEST FOR PERMISSION TO AMEND ApPUCATION 
IT is hereby requested by (C) ........................ , of ........................ , that _ ..................... . 
Dated this ..................... day of ........... _ ........... 19 ..... . 
To the Commissioner of Trade Marks, 
Wellington, New Zealand. (d) ....................... . 
(a) Here insert official number accorded the proceedings or of the reghlered 
trade mark. (b) Here insert name (tn full) of the aRplicant for 
registration. (C) Here insert full name and address. ( ) Signature. 
The Trade Marks Act 1953 T. M. Fonn No. 37 
Fee No. 33 
Reg. 98 (2) 
In the matter of Trade Mark No. (.) ........................ registered in the 
name of (b) .............. . 
REQUEST FOR FURTHER CERTIFICATE OF REOISTRATION OF A TRADE MARK 
IT is hereby requested by (C) ........................ , of ........................ , that the Com-
missioner furnish a further certificate of registration on the grounds 
that .................. . 
Dated this .. .... . ........ day of ........................ 19 ..... . 
The Commissioner of Trade Marks, 
Wellington, New Zealand. (d) ....................... . 
(a) Here insert number of trade mark. (b) Here insert full name 
of regIstered proprietor. (C) Here iruert full name, occupation, and 
address of person making the request. C') Signature. 
THIRD SCHEDUi"E 
CLASSIFICATION OF ("..-<.;,:)DS 
Class 1 Reg. 10 (1) 
Chemical substances used in manufactures, photography, or 
philosophical research, and anti-corrosives. 
Class 2 
Chemical substances used for agricultural, horticultural, veterinary, 
and sanitary purposes. 
Class 3 
Chemical substances prepared for use in medicine and pharmacy. 52 Trade Marks Regulations 1954 
THIRD SCHEDULE--continued 
Class 4 IP 1Nl 1 INZL/T 12 
Page 53 
[ 1954/222 
Raw or partly prepared vegetable, animal, and mineral substances 
used in manufactures, not included in other classes. 
Class 5 
Unwrought and partly wrought metals used in manufacture. 
Class 6 
Machinery of all kinds, and parts of machinery, except agricultural 
and horticultural machines included in Class 7. 
Class 7 
. Agricultural and horticultural machinery, and parts of such 
machinery. 
Class 8 
Philosophical instruments, scientific instruments, and apparatus for 
useful purposes; instruments and apparatus for teaching. 
Class 9 
Musical instruments. 
Class 10 
Horological instruments. 
Class 11 
Instnunents, apparatus, and contrivances, not medicated, for surgical 
or curative purposes, or in relation to the health of men or animals. 
Class 12 
Cutlery and edge tools. 
Class 13 
Metal goods not included in other classes. 
Class 14 
Goods of precious metals (including aluminium, nickel, Britannia 
metal, etc.) and jewellery, and imitations of such goods and jewellery. 
Class 15 
Glass. 
Class 16 
Porcelain and earthenware. 
Class 17 
Manufactures from mineral and other substances for building or 
decoration. 
Class 18 
Engineering, architectural, and building contrivances. IP 1Nl 1 INZL/T 12 
Page 54 
1954/222] Trade Marks Regulations 1954 
THIRD SCHEDULE-c9ntinued 
Class 19 
Arms, ammunition, and stores not included in Class 20. 
Class 20 
Explosive substances. 
Class 21 53 
Naval architectural contrivances and naval equipment not included 
In Class 19 or Class 20. 
Class 22 
Carriages. 
Class 23 
(a) Cotton yarn. 
( b) Sewin~ cottOD. 
Class 24 
Cotton pIece goods of all kinds. 
Class 25 
Cotton goods not included in Class 23, Class 24, or Class 38. 
Class 26 
Linen and hemp yarn and thread. 
Class 27 
Linen and hemp pIece goods. 
Class 28 
Linen and hemp goods not included in Class 26, Class 27, 'or Class 50. 
Class 29 
Jute yarns and tissues, and other articles made of jute not included 
In Class 50. 
Class 30 
Silk, spun, thrown, or sewing. 
Class 31 
Silk piece goods. 
Class 32 
Other silk goods not included in Class 30 or Class 31. 
Class 33 
Yarns of wool, worsted, or hair. 
Class 34 
Cloths and stuffs of wool, worsted, or hair. IP 1Nl I/NZL/T 12 
Page 55 
Trade Marks Regulations 1954 
THIRD SCHEDULE--continued 
Class 35 [1954/222 
Woollen and worsted and hair goods not included ID Class 33 or 
Class 34. 
Class 36 
Carpets, floorcloth, and oilcloth. 
Class 37 
Leather, skins unwrought and wrought, and articles made of leather 
Dot included in other classes. 
Class 38 
Articles of clothing. 
Class 39 
Paper (except paperhangings), stationery, and bookbinding. 
Class 4() 
Goods manufactured from indiarubber and guttapercha not -included 
in other classes. 
Class 41 
Furniture and upholstery. 
Class 42 
Substances used as food, or as ingredients in food. 
Class 43 
Fermented liquors and spirits. 
Class 44-
Mineral and aerated waters, natural and artificial, including ginger 
beer. 
Class 45 
Tobacco, whether manufactured or unmanufactured. 
Class 46 
Seeds for agricultural and horticultural purposes. 
ClasS' 47 
Candles, common soap, detergents; illuminating, heating, or lubri­
cating oils; matches; and starch, blue, and other preparations for 
laundry purposes. 
Class 48 
Perfumery (including toilet articles, preparations for the teeth, 
and hair, and perfumed soap). 
Class 49 
Games of all kinds and sporting articles not included in other classes. IP 1Nl lINZL/T 12 
Page 56 
1954/222] Trad6 Mar/c.s Regulations 1954 
THIRD SCHEDULE-continued 
ClDss 50 55 
Miscellaneous: 
(1) 
(2) 
(3) 
(4) 
(5) 
(6) 
{7} 
(8) 
(9) 
(10) Goods manufactured from ivory, bone, or woad, Dot 
included in other classes. 
Goods manufactured from straw or grass, not included in 
other classes. 
Goods manufactured from animal or vegetable substances, 
not included in other classes. 
Tobacco pipes. 
Umbrellas, walking sticks, brushes, and combs.. 
Furniture cream, plate powder. 
Tarpaulins, tents, rick cloths, rope. twine. 
Buttons of all kinds other than of precious metal or 
imitations thereof. 
Packing and hose of aD' kinds. 
Goods not included in the foregoing classes. 
FOURTH SCHEDULE 
Ct.,ASSIFlCATION OP GooDS Reg. 10 (2) 
[Parts of an article or apparatus are, in general, cla.ssifiecI with 
the actual article or apparatus, except where such parts constitute 
articles included in other classes.] 
1. Chemical products used in industry, science, photography, agri­
culture, horticulture, forestry; manures (natural and artificial); fire 
extinguishing compositions; tempering substances and chemical prepara­
. tions for soldering; chemical substances for preJ5erving foodstuffs; 
tanning substances; adhesive substances used in industry. 
2. Paints, varnishes, lacquers; preservatives against nut and against 
deterioration of wood; colouring matters, dy~tuffs; mordants; resins; 
metals in foil and powder form for pain ten and decorators. . 
3. Bleaching preparations and other substances for laundry use ; 
cleaning, polishing, scouring, and abrasive p~aratioDl; soaps; 
perfumery, essential oils, cosmetics, hair lotions j dentifrices. 
4. Industrial oils and greases (other than edible oils and fats and 
essential oils); lubricants; dust laying and absorbing compositions; 
fuels (including motor spirit) and illuminants; candles, tapers, night­
lights and wicks. 
5. Pharmaceutical, veterinary, and sanitary substances; infants' and 
invalids' foods; plasters, material for band~gj material for stopping 
teeth, dental wax; disinfectants; preparanons for ki1ling weedS and 
destroying vennin. 
6. Unwrought and partly wrought common metals and their alloys; 
anchors, anvils, bells, rolled and cast building materialsj rails and 
other metallic materials for railway tracks; Chains (excel! driving 
chains for vehicles); cables and wires (non-electric) jksmiths· 
work.; metallic pipes and tubes; safes and cash boxes j steel balls; 
horseshoes; nails and screws; other goods in non-precious metal not 
included in other classes; ores. 56 Trade Marks Regulations 1954 
FOURTH SCl-I,EDUl . ..E-contin'ued IP IN f11NZL/T 12 
Page 57 
[ 1954/2.22 
7. Machines and machine tools; motors ( except for vehicles); 
machine couplings and belting (except for vehicles); large 'size agrI­
cultural implements, incubators. 
8. Hand tools and instruments; cutlery, forks, and spoons; side 
arms. 
9. Scientific, nautical, surveying, and electrical apparatus and 
instruments (including radio), photographic, cinematographic, optical, 
weighing, measuring, signalling, checking (supervision), life-saving and 
teaching apparatus and instruments; coin or counter-freed apparatus; 
gramophones and records; cash registers; calculating machines; fire 
extinguishing apparatus. 
10. Surgical, medical, dental, and veterinary instruments and 
apparatus (including artificial limbs, eyes, and teeth). 
11. Installations for lighting, heating, steam generating, cooking, 
refrigeration, drying, ventilating, water supply, and sanitary purposes. 
12. Vehicles; apparatus for locomotion by land, air, or water. 
13. Firearms; ammunition and projectiles; explosive substances; 
fireworks. 
14. Precious me tals and their alloys and goods in precious metals 
or coated therewith (except cutlery, forks, and spoons); jewellery, 
precious stones; horological and other chronome tric instruments. 
15. Musical instruments (other than gramophones and records and 
radio apparatus). 
16. Paper and paper articles, cardboard and cardboard articles; 
printed matter, newspapers and periodicals, books; book-binding 
material; photographs; stationery, adhesive materials (stationery); 
artists' materials; paint brushes, typewriters, and office requisites (other 
than furniture); instructional and. teaching material (other than 
apparatus); playing cards; (printers') type and cliches (stereotype). 
17. Gu tta percha, india rubber, bala ta, and subs ti tu tes, articles made 
from these substances and not included in other classes; materials for 
packing, stopping, or insl..i]ating;. asbestos, mica, and their products; 
hose pipes·· ( non-metallic) . 
l8. Leather and imitations of leather, and articles made from these 
materials, and not included in other classes; skins, hides; trunks and 
travelling bags; umbrellas, parasols, and walking sticks; whips, harness, 
and saddlery. 
19. Building materials, natural and artificial stone, cement, lime, 
mortar, plaster and gravel; pipes of earthenware or cement; road­
making materials; asphalt, pitch, and bitumen; portable buildings; 
stone monuments; chimney pots. 
20. Furniture, mirrors, picture frames; articles (not inclu(l~d in 
other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, 
whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid, and 
substitutes for all these materials. 
21. Small domestic utensils and containers (not of precious metal, 
nor coated therewith); combs and sponges; brushes (other than paint 
brushes); brushmaking materials; instruments and material for cleaning 
purposes; steel-wool; glassware; porcelain, and earthenware not 
included in other classes. IPINII INZL/T 12 
Page 58 
1954/222] Trade Marks Regulations 1954 
FOURTH SCHEDULE-continued 57 
22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks; 
padding and stuffing materials (hair, kapok, feathers~ seaweed, etc.): 
raw fibrous textile materials. 
23. y~, threads. 
24. Tissues (piece goods); bed and table covers; textile articles 
not included in other classes. 
25. Clothing, including boots, shoes, and slippers. 
26. Lace and embroidery, ribbons and braid; buttons, press buttons, 
. hooks and eyes, pins and needles; artificial flowers. 
27. Carpets, rugs, mats, and matting; linoleums and other materials 
for covering floors; wall hangings (non-textile) . 
28. Games and playthings; gymnastic and sporting articles (except 
clothing); ornaments and decorations for Christmas trees. 
29. Meat, fish, poultry, and game; meat extracts; preserved, dried, 
and cooked fruits and vegetables; jellies, jams; eggs, milk, and other 
dairy' products; edible oils and fats; preserves, pickles. . 
30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; 
flour, and preparations made from cereals; bread, biscuits, cakes, pastry, 
and confectionery, ices; honey, treacle; yeast, baking powder; salt, 
mustard ; pepper, vinegar, sauces; spices; ice. 
31. Agricultural, horticultural, and forestry products and grains not 
included in other classes; living animals; fresh fruits and vegetables; 
seeds; live plants.and flowers; foodstuffs for animals, malt. 
32. Beer, ale, and porter; mineral and aerated waters and other 
non-alcoholic drinks; syrups and other preparations for making 
beverages. 
33. Wines, spirits, and liqueurs. 
34. Tobacco, raw or manufactured; smokers' articles; matches. 
FIFTH SCHEDULE 
REOULATIONS REVOKED 
TItle 
The Trade Marks Regulations 1941 
The Patents, Designs, and Trade Marks Amending 
Regulations 1946 
The Trade Marks Regulations 1941, Amendment No. 2 
The Trade Marks Regulations 1941, Amendment No. 3 
The Patents, Designs, and Trade Marks (Neuchatel 
Agreement) Regulations 1947 . . . . . . 
The Pat.ents, Designs, Trade Marks, and (Jopyright 
(TreatIes of Peace with Italy, Roumania, Bulgaria, 
Hungary, and Finland) Regulations 1948 Reg. 108 (1) 
Statutory 
Regu1atioDl 
Serial Numbcl' 
1941/229 
1946/143 
1949/141 
1951/186 
1947/197 
1948/136 
T. J. SHERRARD, 
Clerk of the Executive Council. 58 JP IN 11 INZL/T 12 
Page 59 
Trade Marks Regulations 1954 
EXPLANATORY NOTE [1954/222 
£:r:Ais flot. is flot part 0/ 11,. r.g",'ations~ but is int~nded to indicat. thnr 
,6 .... rdl 6 '.el.] 
These ~atioDS replace the Trade Marks Regulations 1941 and the 
amendInenu thereof. The revision of the regulations is conse9uential OD the 
passing of the Trade MarbAct 1953. . The tevUed resuJ.attoD.l follow the 
regulations which they replace without substantial modification. 
Issued \U1der the authority of the Regulations Act 1936. 
Date of notification in Ga.tt.: 16 December 1954. 
These regulatioru are administered in the Department of Justice. 
WELLINGTON, NEW ZEALAND: Printed under the authority of the 
New Zealand Government by V. R. WARD, Government Printer-1989 
11115A-89PT IPINI lINZL/T 12 
Page 60 
1987/229 
THE TRADE MARKS REGULATIONS 1954, AMENDMENT NO. 10 
PAUL REEVES, Govexnor-General 
ORDER IN COUNCIL 
At Wellington this 27th day of July 1987 
Present: 
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL 
PURSUANT to sections 82 and 85 of the Trade Marks Act 1953, His 
Excellency the Govexnor-General, acting by and with the advice and 
consent of the Executive Council, hereby makes the following regulations. 
REGULATIONS 
1. Title and cOInInencetnent-( 1) These regulations may be cited as 
the Trade Marks Regulations 1954, AInendment No. 10, and shall be read 
together with and deemed part of the Trade Marks Regulations 1954 il­
(hereinafter referred to as the principal regulations). 
(2) Except as provided in subclause (3) of this regulation, these 
regulations shall come into force on the date of their notification in the 
Gazette. 
(3) Regulations 2 and 6 of these regulations shall come into force on the 
1st day of October 1987. 
Price Code: 8-B ·S.R. 1954/222 . 
Amendment No. 1: S.R. 1966/205 
Amendment No. 2: S.R. 1975/61 
Amendment No. 3: (RrooJud by S.R. 1977/62) 
Amendment No. 4: (Rroo)ud by S.R. 1980/82) 
Amendment No. 5: (Rroolud by S.R. 1982/85) 
Amendment No. 6: (Rroo)ud by S.R. 1984/125) 
Amendment No. 7: (RrooJud by S.R. 1985/225) 
Amendment No. 8: (Rroolud by S.R. 1986/67) 
Amendment No. 9: S.R. 1986/67 JP IN 11 INZL/T 12 
Page 61 
2 Trade Marks Regulations 1954, Amendment No. 10 1987/229 
2. Certain fees increased-( 1) Regulation 97 of the principal 
regulations (as amended by regulation 2 (1) of the Trade Marks Regulations 
1954, Amendment No. 9) is hereby amended by omitting the expression 
"$45", and substituting the expression "$50". . 
(2) The principal regulations are hereby further amended by revoking 
the First Schedule (as substituted by re~ation 2 (2) of the Trade MarkS 
Regulations 1954, Amendment No. 9), and substituting the First Schedule 
set out in the Schedule to these regulations. 
S. Transitional provisions relating to renewal fees-(I) Where a 
request for the renewal of the registration of a trade mark pursuant to 
regulation 52 of the principal regulations has been made and the fee 
thereon paid before the date of the notification of these regulations in the 
Ga7..ette, the provisions of the princip'al regulations shall apply in respect of 
the fee payable on that request as If regUlation 2 of these regulations had 
not been made. . 
(2) Except as provided in subclause (1) of this regulation, where the 
current period of registration of any trade mark expires on or after the 1st 
day of October 1987, the fee payable in respect of the renewal of the 
registration shall be the fee that would have been payable if regulation 2 of 
these regulations had come into force before the making of the application 
for renewal and the payment of the fee. 
4. Conunissioner's discretion in cases of doubt-Where any doubt 
or uncertainty arises as to whether any fee that is (>ayable on or before the 
30th day of September 1989 is payable at the higher rate payable after 
regulation 2 of these regulations comes into force or at the lower rate 
p~yable before that regulation comes into force, the Commissioner may, if 
the Commissioner thinks fit, accept payment at the lower rate in full 
satisfaction of the fee payable. 
5. AInount of goods and services tax not included-The fees 
prescribed by the principal regulations are exclusive of goods and services 
tax under the Goods and Services Tax Act 1985. 
6. Revocation-The Trade Marks Regulations 1954, Ameridment No. 9 
are hereby consequentially revoked. IP IN I lINZL/T/2 
Page 62 
1987/229 Trade Marks Regulations 1954, Amendment No. 10 
Item 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 SCHEDULE 
NEW FIRST SCHEDULE TO PRINCIPAL REGULATIONS 
"FIRST SCHEDULE 
FEES 
Matter 
On application under re~lation 11 
for conversion of speCification 
On application to register a trade 
marK (including a series of trade 
marks under section 30 of the 
Act, a defensive trade mark, and 
a certification trade mark) for a 
specification of goods included in 
1 class 
For registration of a trade mark 
(including a defensive trade mark 
and a certification trade mark) for 
a specification of goods included 
in 1 class 
For registration of a series of trade 
marks under section 30 of the Act 
for a specification of goods 
included in 1 class: 
For the first trade mark 
For every other trade mark in 
the series . . . . 
On application to dissolve the 
association between registered 
trade marks 
For renewal of registration of a 
trade mark (including a defensive 
trade mark and a certification 
trade mark) at expiration of last 
registration 
For renewal of registration of a 
series of trade marks under 
section 80 of the Act at expiration 
of last registration: 
For the first trade mark 
For every other trade mark. in 
the series . . . . 
Additional fee under regulation 54 
of these regulations .. 
On application for restoration 
under regulation 55 of these 
regulations . . . . 
On application for registratioh of 
su'bseGiuertt prG»pnietG>r Amount 
S 
No fee 
95 
95 
95 
45 
80 
290 
290 
50 
50 
115 
45 3 
Reg. 2 (2) 
Reg.3 
Corresponding 
Trade Marks 
Form No. 
1 
5, 6, 7 
11 
13 'I 
13 
14 
15 4 IP IN I lINZL/T 12 
Page 63 
Trade Marks Regulations 1954.1 Amendment No. 10 
SCHEDULE-continued 
Amount 1987/229 
Item Matter S Corresponding 
Trade Marks 
Fonn No. 
On each application covering 
more than 1 trade mark, 
the devolution of title 
being the same as in the 
first trade mark: 
For the first trade mark 45 
F or each additional trade 
mark 25 
lIOn application for certificate of 
Commissioner or for approval of 
Commissioner under regulation 
65 of these regulations . . 70 
On each application covering 
more than 1 trade mark, 
the devolution of title 
being the same as in the 
first trade mark: 
For the first trade mark 70 
For each additional trade 
mark 35 
12 On application for directions of 
Commissioner for advertisement 
of assignment of trade mark 
without goodwill 
13 On application to dispense with 
production of probate or letters 
of administration 
14 On application for rectification of 
register or removal of trade mark 
from register . . . . 
15 On request to enter alteration of 
address or address for service of 
proprietor or registered user 
(except where no fee is payable 
by virtue of regulation 71 (3) of 
these regulations) 
On eat:h request covering more 
than 1 trade mark, the 
alteration being the same 
as in the first trade mark: 50 
45 
195 
35 
For the first trade mark 35 
16 For each additional trade 
mark 25 
On request to enter change of name 
or .description of proprietor or 
regtstered user . . . . 35 16 
17 
18 
20 
21 IP 1Nl 1 INZL/T 12 
Page 64 
1987/229 Trade Marks Regulations 1954" Amendment No. 10 
SCHEDULE-continued 
Item 
17 
18 
19 
20 
21 
22 Matter 
On each request covering more 
than 1 trade mark, the 
change being the same as 
in the first trade mark: 
For the first trade mark 
For each additional trade 
mark 
On request to cancel the entry or 
part of the entry of a trade mark 
in the register 
On request to strike out goods from 
those for which the trade mark is 
registered 
On request to enter disclaimer or 
memorandum in register 
On reque~t under section 44 (3) of 
the Act for correction of error 
On request under regulation 76 of 
these regulations for entry of 
certificate of validity in register 
On application for addition to or 
alteration of trade mark .. 
On each application covering 
more tban 1 trade mark, 
the addition or alteration 
being the same as in the 
first trade mark: 
For the first trade mark 
For each additional trade Amount 
S 
35 
25 
35 
35 
35 
45 
45 
95 
95 
mark 45 
23 On application to alter deposited 
regulations of a certification trade 
mark 
On each application covering 
more than 1 trade mark, 
the alteration being the 
same or substantially the 
same as in the first trade 
mark: 
For the first trade mark 
For each additional trade 50 
50 
m~k 30 
24 On application to expunge or vary 
entry of certification trade mark 
25 On application to enter registered 
user 70 
90 5 
Corresponding 
Trade Marks 
Form No. 
22 
23 
24 
25 
26 
27 
29 
30 
31 6 IP INllINZL/T 12 
Page 65 
TradeM'ar-ks Re~lations 1954~Amendment No~ 10 
SCHEDULE-' continu~d 1987/229 
Item Matter 
On each application covering 
more tban 1 trade mark, 
the conditions and 
restrictions being the same 
as in respect of the first 
trade mark: Amount 
S 
For the first trade mark 90 
For each additional trade 
mark 45 
26 On application to vary or cancel 
entry of registered user .. 
On each application covering 
more toan 1 trade mark, 
the proprietor and user 
being the same as in the 
. first trade mark: 
For the first trade mark 
For each additional trade 85 
85 
mark 35 
27 
28 
29 
30 
31 
32 On reques~ for pennission to amend 
application . . . . 
On all notices of opposition, by 
opponent 
On cOWlter-statement, by applicant 
On application for extension of 
time, for each month or part 
thereof 
On hearing by Commissioner, for 
each party 
For further certificate of 
Commissioner under section 57 
of the Act 
33. For certificate of Commissioner. 
(other than certificate under 
section 28 and further certificate 35 
150 
45 
80 
50 
50 
under section' 57 of the Act) 45 
34 For a search under re~ation 
103 (1) of these regulations, in 
respect of 1 mark in 1 class 80 
35 On request for Commissioner's 
preliniinary advice under 
regulation 108 (2) of these 
regulations: 
For each trade mark subnlitted 
in respect of 1 class 80 Corresponding 
Trade Marks 
Fonn No. 
32, 33, 84 
36 
2, 8, 28 
37 IP/NfllNZL/T 12 
Page 66 
1987/229 Trade Marks Regulations 1954, Amendment No. 10 
SCHEDULE-continued 
Item 
36 
37 
38 Matter 
For typed or photographic copy of 
documents 
For extra space in any Journal 
advertisement where the 
representation of the tr3:de mark 
exceeds 9 cm in breadth . . 
For extra space in any Journal 
advertisement where the 
representation of the trade mark 
exceeds 5 cm in depth . . 
39 On reguest for endorsement of 
certificate of registration 
presented subsequent to the filing 
of an application involving an 
alteration m the register .. 
On each request covering more 
than 1 trade mark, the 
endorsement being the 
SaIIle as in the first trade 
mark: 
For the first trade mark 
For each additional trade 
mark Amount 
S 
SI per 
document 
plus 20 cents 
for eac? page 
copied 
35 
S5 for each 
centiInetre or 
part 
centiInetre of 
depth in 
excess of 
5cm 
50 
50 
30 7 
Corresponding 
Trade Marks 
Fonn No. 
" 
P. G. MILLEN, 
Clerk of the Executive Council. 8 JP IN I1/NZL/T 12 
Page 67 
Trade Marks Regulations 1954.1 Amendment No. 10 1987/229 
EXPLANATORY NOTE 
This note is not part of the regulations~ but is intended to indicate their general effect. 
These regulations amend the Trade Marks Regulations 1954 by increasing the fees payable 
for various matters. 
Regulation 1 relates to the Title and coriunencement. 
Regulation 2, which comes into force on 1 October 1987, increases from $45 to $50 the fee 
payable under regulation 97 of the principal regulations relating to amendments of 
documents and drawings, and substitutes a new scale of fees payable in respect of the various 
matters mentioned in the Schedule. 
Regulations 3 and 4 are transitional provisions. 
Regulation 5 provides that the fees prescribed by the principal regulations are exclusive of 
goods and services tax. 
Regulation 6 is of a consequential nature only. 
Issued under the authority of the Regulations Act 1936. 
Date of notification in Gazette: 30 July 1987. 
These regulations are administered in the Department of Justice. 
WELLINGTON, NEW ZEALAND: Printed under the authority of the 
New Zealand Government by V. R. WARD, Government Printer-1987 
74014E-87PT IP/N/lINZL/T/2 
Page 68 
1987/399 
THE TRADE MARKS REGULATIONS 1954, AMENDMENT NO. 11 
PAUL REEVES, Governor-General 
ORDER IN COUNCIL 
At Wellington this 14th day of December 1987 
Present: 
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL 
PURSUANT to the Trade Marks Act 1953, His Excellency the Governor­
General, acting by and with the advice and consent of the Executive 
Council, hereby makes the following regulations_ 
ANALYSIS 
1. Title and commencement 
2. Interpretation 
3. Size, etc., of documents 
4. Classification of goods and services 
5. Unrecognised agents 
6. Addressmg of correspondence, etc. 
7. Form of application 
B. Separate applications 
9. Name or description of goods or 
services on trade mark 
10. Search 
11. Representation of trade mark 
12. Advertisement of a series 
13. Hearing 
14. Registration 
15. Application for entry of assignment 
without goodwill 
16. Entry in Register 
1 7. Separate owners 
Price Code: J J-(.' lB. Commissioner's certificate of approval 
as to certain assignments and 
transmissions 
19. Commissioner's directions for 
advertisement of assignment without 
goodwill of trade mark in use 
20. Representation of trade mark for 
advertisement 
21. Cancellation by Commissioner 
22. Regulations relating to declarations 
revoked 
23. Search and preliminary advice 
24. Revocations 
25. First Schedule amended 
26. Amendments to forms in Second 
Schedule 
27. New Fourth Schedule substituted 
Schedules IP IN I lINZL/T 12: 
Page 69 
2 Trade Marks Regulations 1954J Amendment No. 11 1987/399 
REGULA TIONS 
1. Title and cOllllllenCeITlent-( 1) These regulations may be cited as 
the Trade Marks Regulations .1954, Amendment No. 11, and shall be read 
together with and deemed part of the Trade Marks Regulations 1954 -::. 
(hereinafter referred to as the principal regulations). 
(2) These regulations shall come into force on the 1 st day of FebIUary 
1988. 
2. Interpretation-Regulation 2 of the principal regulations is hereby 
amended by inserting in the definition of the term "specification", after 
the word "goods", the words "or services". 
8. Size, etc., of doculTlents-The principal regulations are hereby 
amended by revoking regulation 8 (as amended by the Trade Marks 
Regulations 1954, Amendment No. 2), and substituting the following 
regulation: 
'''8. Unless the Commissioner otherwise directs, all documents and 
copies of documents filed at the Patent Office under the Act or these 
regulations shall be,-
"(a) In the English language; 
"(b) Upon strong white paper of approximately A4 inteITlational size; 
"( c) Except in the case of printed forms, declarations, and affidavits, on 
one side only; and 
"(d) Set out leaving a margin of at least 2.5 cm on the left·hand part 
thereof." 
4. Classification of goods and services-The principal regulations are 
hereby amended by revoking regulation 10 and the 2 headings above that 
regulation, and substituting the . following headings and regulation: 
"CLASSIFICATION OF GOODS AND SERVICES 
uClassification According to Third or Fourth Schedule 
"10. (1) For the purposes of trade mark registrations dated before the 
11 th day of December 1941, and of registrations of registered users 
thereunder, goods shall be classified in the manner appearing in the Third 
Schedule to these regulations, unless the specification has been converted 
pursuant to these regulations. 
"(2) For the purposes of trade mark registrations dated on or after the 
11 th day of December 1941, and of registrations of registered users 
thereunder, and for the furposes of any registrations dated before that 
date the specifications 0 which have been converted pursuant to these 
regulations, goods shall be classified in the manner appearing in Part I of 
the Fourth Schedule to these regulations and services shall be classified in 
the manner appearing in Part 11 of the Fourth Schedule to these 
regulations. " 
"S.R. 1954/222 
Amendment No. I: S.R. 1966/205 
Amendment No. 2: S.R. 1975/61 
Amendment No. 3: (RrooJud by S.R. /<J77/62 ) 
Amendment No. 4: (R~l'f)Jud by S.R. J<J80/82 ) 
Amendment No. 5: (RnioJud by S.R. /<J82/8~ ) 
Amc-ndmcnt No. 6: (Rn.uJud bJ SR. /98-1//2") 
Amc-ndmc-nt No. 7: (Rn.uJud by S R. /98~/22~) 
Amt'ndmc-n! No. R: (Rn·u/ud b)' SR. /<;86/07 ) 
Amc-ndme-nl No. 9: (Rn.ukt'd b)' S.R. /<J87/22Y) 
AmC"ndmC"n! No. 10: S.R. 19H7/:l:.!9 IP/N/lINZL/T 12 
Page 70 
1987/399 Trade Marks Regulations 1954~ Amendment No. 11 3 
5. Unrecognised agents-Regulation 13 of the principal regulations is 
hereby amended by: 
(a) Omitting from paragraph (c) the expression "Law Practitioners Act 
1931 ", and substituting the expression "Law Practitioners Act 
1982": 
(b) By revoking paragraph (d), and substituting the following paragraph: 
"(d) Who has been convicted of a crime specified in Part X 
(except sections 293 to 305) of the Crimes Act 1961; or". 
6. Addressing of correspondence~ etc.-Regulation 
rrincipal regulations is hereby amended by omitting 
'Wellington", and substituting the name "Lower Hutt". 14 of the 
the name 
7. Fonn of application-Regulation 18 (1) of the principal regulations 
is hereby amended by inserting, after the word "goods", the words "or . " servlces . 
8. Separate applications-Regulation 19 of the principal regulations is 
hereby amended by inserting, after the word "goods", in each place where 
it occurs, the words "or services". 
9. NaIne or description of goods or services on trade lDark-The 
principal regulations are hereby amended by revoking regulation 25 and 
the heading above that regulation, and substituting the foHowing heading 
and regulation: 
HName or Description of Goods or Services on Trade Mark 
"25. (1) Where the name or description of any goods or services appears 
on a trade mark, which name or description may vary in use, the 
Commissioner may register the mark for those and other goods or services 
if the applicant undertakes that the name or description will be varied 
when the mark is used on goods or in relation to services covered by the 
specification other than the named or described goods or services. Any 
such undertaking shall be entered on the application. 
"(2) If the applicant does not so undertake, the Commissioner ITlay 
refuse to register the mark in respect of any goods or services other than 
the naITled or described goods or services." 
1 O. Search-The principal regulations are hereby amended by revoking 
regulation 26, and substituting the following regulation: 
"26. Upon receipt of an application for the registration of a trade mark, 
the Commissioner shall cause a search to be made of the registered ITlarks 
and the marks at the time included in pending applications, for the 
purpose of ascertaining whether section 1 7 of the Act applies to the mark 
app1ied for. The ~ommissioner may cause the search to be renewed at any 
time before the acceptance of the application, but shall not be bound to do 
so. , , 
11. Representation of trade lDark-The principal regulations are 
hereby amended by revoking regulation 3"3 and the heading above that 
regulation, and substituting the following heading and regulation: 4 IP IN 11 INZL/T 12 
Page 71 
Trade Marks Regulation!; 19 5 4~ Amendment No. 11 1987/399 
URepresentation of Trade M ark 
"33. For the purposes of any such advertisement the applicant may, at 
the appropriate time, supply or be required to supply a bromide quality 
representation (or, if necessary, more than one) of the trade mark 
satisfactory to the Commissioner, of such dimensions as may from time to 
time be approved or directed by the Commissioner, or shall supply such 
information or other means of advertising the trade mark as may be .. 
required by the Commissioner. The Commissioner, if dissatisfied with the 
bromide quality representation supplied by the applicant or his agent, may 
require a fresh representation before proceeding with the advertisement." 
12. AdvertiselTlent of a series-Regulation 34 of the principal 
regulations is hereby amended by omitting the expression '.'printing 
block", and substituting the expression "bromide quality representation". 
18. Hearing-Regulation 44 (2) of the principal regulations is hereby 
amended by omitting the name "Wellington", and substituting the name 
"Lower Hutt". 
14. Registration-Regulation 4 8 (2) of the principal regulations is 
hereby amended by inserting, after the word 'goods", the words "or 
services" . 
15. Application for entry of assignlDent without 
goodwill-Regulation 61 (1) (a) of the principal regulations is hereby 
amended by inserting, after the word "goods", the words "or services". 
16. Entry in Register-Regulation 63 of the princip,al regulations is 
hereby amended by inserting, after the word "goods', the words "or . " servlces . 
17. Separate owners-Regulation 64 of the princir,al regulations is 
hereby amended by inserting, after the word "goods', the words "or . " servlces . 
18. COlDlDissioner's certificate of approval as to certain 
assignlDents and translDissions-Regulation 65 of the principal 
re~lations is hereby amended by omitting the eXl?,ression "subsection 
(6) " and substituting the expression "subsection (6A) '. 
19. COlDtnissioner's directions for advertisetnent of assignlDent 
without goodwill of trade D1.ark in use-Regulation 66 (2) of the 
principal regulations is hereby amended by omitting the words 'the said 
subsection", and substituting the expression "section 31 (6A) of the Act". 
20. Representation of trade lTlark for advertisetnent-The principal 
regulations are hereby amended by revoking regulation 80 thereof and the 
heading above that regulation, and substituting the following heading and 
regulation: 
URepresentation of Trade Mark for Advertisement 
"80. In connection with an application to alter a registered trade mark, 
the Commissioner may at any time, call on the applicant to supply a 
bromide quality representation satisfactory to the Commissioner and 
suitable for advertising the mark with the addition or alteration as IP 1Nl 1 INZL/T 12 
Page 72 
1987/399 Trade Marks Regulations 1954, Amendment No. 11 5 
aforesaid, if in the 0plnlon of the Commissioner an advertisement 
describing the addition or alteration in words would not be readily 
understood by persons interested in the matter." 
21. Cancellation by Commissioner-Regulation 89 of the principal 
regulations is hereby amended by inserting, after the word "goods", the 
words "or services". . 
22. Regulations relating to declarations revoked-Regulations 101 
and 1 02 of the principal regulations are hereby revoked. 
23. Search and preliminary advice-( 1) Regulation 103 (1) of the 
~rincipal regulations is hereby amended by inserting, after the word 
'goods", the words "or services". 
(2) Regulation 103 (2) of the principal regulations is hereby amended by 
inserting, after the word "goods", in each place where it occurs, the words 
"or services". . 
24. RevOcations-The following regulations are hereby consequentially 
revoked-
(a) The Trade Marks Regulations 1954, Amendment No. 1 {:-. 
(b) The Trade Marks Regulations 1954, Amendment No. 2t 
25. First Schedule amended-The First Schedule to the principal 
regulations (as substituted by regulation 2 (2) of the Trade Marks 
Regulations 1954, Amendment No. 10) is hereby amended-
(a) By insertin~ in item 2, after the word "goods", the words "or 
services ': 
(b) By inse~tin?, in item 3, after the word "goods", the words "or 
servlces : 
(c) By inse~tin&, in item 4, after the word "goods", the words "or 
servlces : 
(d) By inse:tin9, in 
servlces . item 18, after the word "goods", the words "or 
26. AmendIIlents to forms in Second Schedule-The forms in the 
Second Schedule to the principal regulations are hereby amended m the 
manner indicated in the First Schedule to these regulations. 
27. New Fourth Schedule substituted-The principal regulations are 
hereby amended by revoking the Fourth Schedule thereto and substituting 
the Fourth Schedule set out in the Second Schedule to these regulations. 
"S.R. 1966/205 
tS.R. 1975/61 IP IN 11 INZL/T 12 
Page 73 
6 Trade Marks Regulations 1954, A mendment No. 1 1 1987/399. 
SCHEDULES 
FIRST SCHEDULE Reg.26 
AMENDMENTS TO FORMS IN SECOND SCHEDULE TO PRINCIPAL REGULATIONS 
Form Amended 
T.M. Form No. 1 
T.M. Form No. 2 
T.M. Form No. 3 and 
T.M. Form No. 4 
T.M. Form No. 5 
T.M. Form No. 6 
T.M. Form No. 7 
T.M. Form No. 8 Amendment 
By omIttIng the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 29", and 
substituting the expression "Fee No. 28". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the word "Goods", and 
substituting the words "(Goods) (services) 
(dd)". . 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting footnote (b), and substituting the 
following footnote: 
"(b) Here insert a representation of the m.ark. 
If the m.ark consists of a word, it will be 
advertised in ordinary block lettering. If a 
special type is desired, a bromide quality 
representation must be filed. A brom.ide 
quality representation must also be filed for 
any device or label mark.". 
By inserting after footnote (d) the following 
footnote: 
"(dd) Strike out whichever is not applicable. ". 
By inserting in footnote (e), after the word 
"goods", the words "or services". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By inserting in footnote (c), after the word 
"goods", the words "or services". 
By inserting in footnote (d), after the word 
"goods", in each place where it occurs, the 
words "or services". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By inserting in footnote (b), after the word 
"goods", the words "or services". 
By inserting, in footnote (c) after the word 
"goods", in each place where it occurs, the 
words "or services". 
By omitting the expression "Fee No. 29", and 
substituting the expression "Fee No. 28". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". IP/N/lINZL/T 12 
Page 74 
1987/399 Trade Marks Regulations 1954, Amendment No. 11 7 
FIRST SCHEDULE-continued 
AMENDMENTS TO FORMS IN SECOND SCHEDULE TO PRINCIPAL 
REGULATIONs-continued 
Form Amended 
T.M. Form No. 9 
T.M. Form No. 11 
T.M. Form No. 12 
T.M. Form No. 13 
T.M. Form No. 14 
T.M. Form No. 15 
T.M. Form No. 16 Amendment 
By omitting the expression "Fee No. 30", and 
substituting the expression "Fee No. 29". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 6", and 
substituting the expression "Fee No. 5". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the word "goods", and 
substituting the expression "(a) (goods) 
(services)" . 
By adding the following footnote: 
"(a) Strike out whichever is not applicable. ". 
By omitting the expression "Fees Nos. 7, 8", 
and substituting the expression "Fees Nos. 
6, 7". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 10", and 
substituting the expression "Fee No. 9". 
By omitting the words "The additional fee of 
£2 and the prescribed renewal fee with 
T~M. Form No. 13 are transmitted 
herewith", and substituting the words "The 
prescribed restoration fee of ... and the 
prescribed renewal fee of ... with T.M. 
Form No. 13 are transmitted herewith.". 
By omitting the name "Wellington", and 
substituting the name "Lo""oer Hutt". 
By omitting the expression "Fee No~ 11", and 
substituting the expression "Fee No. 10". 
By omitting the word "goods", in each place 
where it occurs, and substituting the words 
"(i) (goods) (services)". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 13", and 
substituting the expression "Fee No. 12". 
By omitting the word "Goods", in the fir st 
place where it occurs, and substituting the 
words "(cc) (Goods) (Services)". 
By omitting the word "'goods", and 
substituting the words "( cc) (goods) 
(services)". IP 1Nl lINZL/T 12 
Page 75 
8 Trade Marks Regulations 1954., ,Amendment No. 11 1'987/399 
FIRST SCHEDULE-. -continued 
AMENDMENTS TO FORMS IN SECOND SCHEDULE TO PRINCIPAL 
REGULA TIoNs-continued 
Form Amend~d 
T.M. Form No. 1 7 
T.M. Form No. 18 
T.M. Form No. 19 
T.M. Form No. 20 
T.M. Form No. 21 
T.M. Form No. 22 
T.M. Form No. 23 Amendment 
By omitting the word "Goods", in the second 
place where it occurs, and substituting the 
words "(cc) (Goods) (Services)". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By inserting after footnote (c) the following 
footnote: 
"( cc) Strike out whichever is not applicable.". 
By inserting in footnote (f), after the word 
"goods", the words "or services". 
By omitting the expression "Fee No. 14", and 
substituting the expression "Fee No. 13". 
By omitting the expression "Fee No .. 15", and 
substituting the expression "Fee No. 14". 
~y omitt~g the name "Wellington", and 
substituting the name "Lower Hutt".. . 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 16", and 
substituting the expression "Fee No. 15". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 1 7", and 
substituting the expression "Fee No. 16". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 18", and 
substituting the expression "Fee No. 17". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 19", and 
substituting the expression "Fee No. 18". 
By inserting in the description of the form 
after the word "GOODS", the words "OR 
SERVICES". 
By omlttmg the word "Fioods", and 
substituting the words ' (dd) (goods) 
(services)" . 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By inserting in footnote (d), after the word 
"goods", the words "or services". 
By inserting, after footnote (d), the following 
footnote: 
"(dd) Strike out whichever is not applicable". IP/N/I/NZL/T 12 
Page 76 
1987/399 Trade Marks Regulations 19;4, Amendment No. 11 9 
FIRST SCHEDULE-continued 
AMENDMENTS TO FORMS IN SECOND SCHEDULE TO PRINCIPAL 
REGULATIONs-continued 
Form Amended 
T.M. Form No. 24 
T.M. Form No. 25 
T.M. Form No. 26 
T.M. Form No. 27 
T.M. Form No. 28 
T.M. Form No. 29 
T.M. Form No. 30 
T.M. Form No. 31 
T.M. Form No. 32 Amendment 
By omitting the expression "Fee No. 20", and 
substituting the expression "Fee No. 19". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 21", and 
substituting the expression "Fee No. 20". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 22", and 
substituting the expression "Fee No. 21". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 23", and 
substItuting the . expression "Fee No. 22". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 29", and 
substituting the expression "Fee No. 28". 
By omitting the. name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 24", and 
substituting the expression "Fee No. 23". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 25", and 
substituting the expression "Fee No. 24". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee Nc;>. 26", and 
substituting the expression "Fee No. 25". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By inserting in footnote (h), after the word 
"goods", the words "or services". 
By omitting the ~xpression "Fee No. 27", and 
substituting the expression "Fee No. 26". 
By inserting in the description of the form 
after the word "GOODS", the words "OR 
SERVICES". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omittin~, from footnote (f), the word 
"register', and substituting the word 
"regis tered". 
By inserting, in footnote (g), after the word 
"goods", the words "or services". IP IN 11 INZL/T 12 
Page 77 
la Trade Marks Regulations 19 5 4~ Amendment No. 11 1987/399 
FIRST SCHEDULE-continued 
AMENDMENTS TO FORMS IN SECOND SCHEDULE TO PRINCIPAL 
REGULA TIONs-continued 
Form Amended 
T.M. Form No. 33 
T.M. Form No. 34 
T.M. Form No. 35 
T.M. Form No. 36 
T.M. Form No. 37 
Reg. 27 Amendment 
By omitting the expression "Fee No. 27", and 
substituting the expression "Fee No. 26". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By inserting, in footnote (h), after the word 
"goods", the words "or services". 
By omitting the expression "Fee No. 27", and 
substituting the expression "Fee No. 26". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By inserting in footnote (f), after the word 
"goods", the words "or services". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 28", and 
substituting the expression "Fee No. 27". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
By omitting the expression "Fee No. 33", and 
substituting the expression "Fee No. 32". 
By omitting the name "Wellington", and 
substituting the name "Lower Hutt". 
SECOND SCHEDULE 
NEW FOURTH SCHEDULE TO PRINCIPAL REGULATIONS 
Reg. 10 (2) "FOURTH SCHEDULE 
CLASSIFICATION OF GOODS AND SERVICES 
Part 1 
Classes of Goods 
(1) Chemicals used in industry, science, photography, agriculture, 
horticulture, and forestry; unprocessed artificial resins; unprocessed 
plastics; manures; fire extinguishing compositions; tempering and 
soldering preparations; chemical substances for preserving foodstuffs; 
tanning substances; adhesives used in industry. 
(2) Paints, varnishes and lacquers; preservatives against rust and 
deterioration of wood; colourants; mordants; raw natural resins; metals in 
foil and powder fonn for painters, decorators, printers and artists. 
(3) Bleaching preparations and other substances for laundry use; 
cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, 
essential oils, cosmetics and hair lotions; dentifrices. IP/N/lINZL/T/2 
Page 78 
1987/399 Trade Marks Regulations 19 5 4~ A mendment No. 11 
SECOND SCHEDULE-continued 1 1 
(4) Industrial 0.a~ and grease?; lub~icants; dust a~s.orbing, wetting and 
binding composItIons; fuels (lncludmg motor splnt) and illuminants; 
candles and wicks. 
(5) Pharmaceutical, veterinary and sanitary preparations; dietetic 
substances adapted for medical use and food for babies; plasters and 
materials for dressings; material for stopping teeth and dental wax; 
disinfectants; preparations for destroying vermin; fungicides and 
herbicides. 
(6) Common metals and their alloys; metal building materials; 
transportable metal buildings; metal nlaterials used for railway tracks; non· 
electric cables and wires of common metal; ironmongery and small items 
of metal hardware; metal pipes and tubes; safes; goods of common metal 
not included in other classes; ores. 
(7) Machines and machine tools; motors except for use in land vehicles; 
machine coupling and belting except for use in land vehicles; agricultural 
implements; incubators for eggs. . 
(8) Hand operated tools and implements; cutlery; side arms; razors. 
(9) Scientific, nautical, surveying, electronic, photographic, 
cinematographic, optical, weighing, measuring, signalling, checking 
(supervision), life-saving and teaching apparatus and instruments; 
apparatus for recording, transmission or reproduction of sound or images; 
magnetic data carriers, recording discs; automatic vending machines and 
mechanisms for coin operated apparatus; cash registers and calculating 
machines, data processing equipment and computers; fire· extinguishing 
apparatus. 
(10) Surgical, medical, dental and veterinary apparatus and instruments; 
artificial limbs, eyes and teeth; orthopaedic articles; suture materials. 
(11) Apparatus for lighting, heating, steam generating, cooking, 
refTigerating, drying, ventilating, water supply and sanitary purposes. 
(12) Vehicles: apparatus for locomotion by land, air or water. 
(13) Firearms, ammunition and projectiles; explosives; fireworks. 
( 14) Precious metals, their alloys, and goods in precious metals or coated 
therewith, not included in other classes; je\vellery; precious stones; 
horological and chronometric instruments. 
(15) Musical instruments. 
(16) Paper, cardboard and goods made from these materials not 
included in other classes; printed matter; bookbinding material; 
photo~aphs, stationery; adhesives for stationery or household purposes; 
artists materials; paint brushes; typewriters and office requisites except 
furniture; instructional and teaching material except apparatus; plastic 
materials for packaging not included in other classes; playing cards; 
printers' type; printing blocks. 
(1 7) Rubber, gutta-percha, gum, asbestos, mica, and goods made from 
these materials and not included in other classes; plastics in extruded form 
for use in manufacture; packing, stopping and insulating materials; flexible 
non-metal pipes. 12 IP/N/l/NZL/T 12 
Page 79 
Trade M arks Regulations 1954" A mendment No. 11 1987/399 
SECOND SCHEDULE-continued 
(18) Leather, imitations of leather and goods made from these materials 
and not included in other classes; animal skins and hides; tIllnks and 
travelling bags; umbrellas, parasols, and walking sticks; whips, harness, and 
saddlery. 
(1 9) Non-metallic building materials; non-metallic rigid pipes for use in 
or in connection with building; asphalt, pitch, and bitumen; non-metallic 
transportable buildings; non-metallic monuments. 
(20) Furniture, mirrors and picture frames; goods not included in other 
classes and made of wood, cork, reed, cane, wicker, horn, bone, ivory, 
whalebone, shell, amber, mother-of-pearl, meerschaum, and substitutes for 
these rnaterials, or of plastics. 
(21) Household or kitchen utensils and containers not of precious metal 
or coated therewith; combs and sponges; brushes except paint bIllshes; 
brush-making materials; articles for cle~ing purposes; steelwool; 
unworked or semi-worked glass except glass used in building; glassware, 
porcelain and earthenware not included in other classes. 
(22) Ropes, strings, nets, tents, awnings, tarpaulins, s~ils, sacks and bags, 
not included in other classes; padding and stuffing materials nQt of rubber 
or plastics; raw fibrous textile materials. 
(23) Yarns and threads fo~ te~tile use. 
(24) Textiles and textile goods, not included in other classes; bed· and 
table covers. 
(25) Clothing; footwe~r; headgear. 
(26) Lace, embroidery, ribbons and braid; buttons, hooks and eyes, pins 
and needles; artificial flowers. 
(27) Carpets, rugs, mats and matting, linoleum and other materials for 
covering floors; non-textile wall hangings. 
(28) Games and playthings; gymnastic and sporting articles not included 
in other classes; decorations for Christmas trees. . 
(29) Meat, fish, poultry and game; meat extracts; preserved, dried and 
cooked fruits and vegetables; jellies, jams; eggs, milk and milk products; 
edible oils and fats; salad dressings; preserves. 
(30) Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour 
and preparations made from cereals, bread, pastry, confectionery and ices; 
honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces except 
salad dressings; spices; ice. 
(31) Agricultural, horticultural and forestry products and grains, not 
included in other classes; live animals; fresh fruits and vegetables; seeds, 
natural plants and flowers; foodstuffs for animals; malt. 
(32) Beers; mineral and aerated waters and other non-alcoholic drinks; 
fruit drinks and fruit juices; syrups and other preparations for making 
beverages. 
(33) Alcoholic beverages except beers. 
(34) Tobacco; smokers' articles; matches. IP IN I lINZL/T 12 
Page 80 
1987/399 Trade Marks Regulations 19 54~ Amendment No. 11 
SECOND SCHEDULE-continued 
Part 11 
Classes cif Services 
(35) Advertising and business. 
(36) Insurance and financial. 
(37) Construction and repair. 
(38) Communication. 
(39) Transportation and storage 
(40) Material treatITlent. 
(41) Education and entertainment. 13 
(42) Miscellaneous services being services other than those included in a 
class referred to in another item in this Part." 
C. J. HILL, 
Acting for Clerk of the Executive Council. 
EXPLANATORY NOTE 
This note is not part of the regulation.s, but is intended to indicate their general effect. 
These regulations. which come into force on 1 Febnlary 1988. extend the application of the 
Trade Marks Regulations 1954 to services. With effect from 1 May 1988, by. virtue of the 
Trade Marks Amendment Act 1987, which comes into force on 1 May 1988, trade marks may 
be registered for services as well as goods. Applications for the registration of trade marks for 
services may. by virtue of that Act. be made on 1 Febnlary 1988 and before the coming into 
force of that Act. and are to be treated as having been made on its coming into force. 
The regulations make a number of other amendments to the principal regulations and 
substitute a new Fourth Schedule specifying the classes of goods and services in respect of 
which trade marks may be registered. 
Issued under the authority of the Regulations Act 1936. 
Date of notification in Gaz.ette: 1 7 December 1987. 
These regulations are administered in the Department of Justice. 
\YELUNGTON. NEW ZEALAND: Printed under the authority of the 
New Zealand Go\"enlment by V. R. \YARD. GoveITlment Printer-1987 
792650/87NS IP 1Nl lINZL/T 12 
Page 81 
1991/269 
THE TRADE MARKS REGULATIONS 1954, 
AMENDMENT NO. 18 
CA THERINE A. TIZARD, Governor-General 
ORDER IN COUNCIL 
At Wellington this 9th day of December 1991 
Present: 
HER EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL 
PURSUANT to sections 82 and 85 of the Trade Marks Act 1953, Her 
Excellency the Governor-General, acting by and with the advice and 
consent of the Executive Council, hereby makes the following regulations. 
REGULATIONS 
1. Title and cOD1.D1.encelJl.ent-( 1) These regulations may be cited as 
the Trade Marks Regulations 1954, Amendment No. 13, and shall be read 
together with and deemed part of the Trade Marks Regulations 1954"· 
(hereinafter referred to as the principal regulations). 
Price Code: 9-CX ·S.R. 1954/222 
Amendment No. 1: (Revolr.ed by S.R. 1987f.J99) 
Amendment No. 2: (RevoJeed by S.R. 1987f.J99) 
Amendment No. 3: (RevoJeed by S.R. 1977/62) 
Amendment No. 4: (RevoJeed by S.R. 1980/82) 
Amendment No. 5: (RevoJeed by S.R. 1982/85) 
Amendment No. 6: (Revolted by S.R. 1984/125) 
Amendment No. 7: (Revolted by S.R. 1985/225) 
Amendment No. 8: (Revolted by S.R. 1986/67) 
Amendment No. 9: (Revolr.ed by S.R. 1987/229) 
Amendment No. 10: S.R. 1987/229 
Amendment No. 11: S.R. 1987/399 
Amendment No. 12: S.R. 1988/279 2 JP IN I l/NZL/T 12 
Page 82 
Trade Marks Regulations 195 4J 
Amendment No. 13 1991/269 
(2) Except as provided in subclause (3) of this regulation, these 
regulations shall come into force on the day after the date of their 
notification in the Gazette. 
(3) Regulations 2 and 5 of these regulations shall come into force on the 
1st day of March 1992. 
2. New scale of fees substituted-The principal regulations are hereby 
all1ended by revoking the First Schedule (as substituted by regulation 2 of 
the Trade Marks Regulations 1954, Amendment No. 12), and substituting 
the First Schedule set out in the Schedule to these regulations. 
3. Transitional provisions relating to renewal fees-(1) Where a 
request for the renewal of the registration of a trade mark pursuant to 
regulation 52 of the principal regulations has been made and the fee 
thereon paid on or before the date of the notification of these regulations 
in the Gazette~ the provisions of the principal regulations shall apply in 
respect of the fee payable on that request as if regulation 2 of these 
regulations had not been made. 
(2) Except as rrovided in subclause (1) of this regulation, where the 
current period 0 registration of any trade mark expires on or after the 1 st 
day of March 1992, the fee payable in respect of the renewal of the 
registration sha,ll be the fee that would have been payable if regulation 2 of 
these regulations had come into force before the making of the application 
for renewal and the payment of the fee. 
4. AlDount of goods and services tax not included-Except in 
relation to the item marked il-in the First Schedule to the principal 
regulations (as substituted by regulation 2 of these regulations), the tees 
prescribed by the principal regulations are exclusive of goods and services 
tax under the Goods and Services Tax Act 1985. 
5. Revocation-The Trade Marks Regulations 1954, Amendment No. 
12 are hereby consequentially revoked. IP/N/1/NZL/T/2 
Page 83 
1991/269 Trade Marks Regulations 1954" 
Amendment No. 13 3 
Item 
1 
2 
3 
4 
5 
6 
7 
8 
9 SCHEDULE Reg.2 
NEW FIRST SCHEDULE TO PRINCIPAL REGULATIONS 
"FIRST SCHEDULE Reg.3 
FEES 
AITlount 
Matter $ 
On application under regulation 
11 for conversion of 
specification No fee 
On application to register a trade 
mark (including a series of trade 
marks under section 30 of the 
Act, a defensive trade mark, and 
a certification trade mark) for a 
specification of goods or 
services included in 1 class 100 
For registration of a trade mark 
(including a defensive trade 
mark and a certification trade 
mark) for a specification of 
goods or services included in 1 
class 100 
For registration of a series of trade 
marks under section 30 of the 
Act for a specification of goods 
or services included in 1 class: 
For the first trade mark 100 
For every other trade mark in 
the series 50 
On application to dissolve the 
association between registered 
trade marks . . . . 90 
For renewal of registration of a 
trade mark (including a 
defensive trade mark and a 
certification trade mark) at 
expiration of last registration 310 
For renewal of registration of a 
series of trade marks under 
section 30 of the Act at 
expiration of last registration: 
For the first trade mark 310 
For every other trade mark in 
the series 50 
Additional fee under regulation 54 
of these regulations . . 60 
On application for restoration 
under regulation 55 of these 
regulations 140 Corresponding 
Trade Marks 
FOrIl1 No. 
1 
5, 6, 7 
11 
13 
13 
14 4 IP IN II/NZL/T 12 
Page 84 
Trade Marks Regulations 1954~ 
Amendment No. 13 
SCHEDULE-continued 1991/269 
NEW FIRST SCHEDULE TO PRINCIPAL REGULATIONs-continued 
"FIRST SCHEDULE-continued 
FEEs-continued 
AlTIount 
Item Matter $ 
10 On application for registration of 
subsequent proprietor 50 
11 
12 
13 
14 
15 On each application covering 
more than 1 trade mark, 
the devolution of title 
being the same as in the 
first trade mark: 
For the first trade mark 
For each additional trade 
mark 
On application for certificate of 
Commissioner or for approval 
of Commissioner under 
regulation 65 of these 
regulations 
On each application covering 
more than 1 trade mark, 
the devolution of title 
being the same as in the 
first trade mark: 
For the first trade mark 
For each additional trade 
mark 
On application for directions of 
Commissioner for advertise­
ment of assignment of trade 
mark without goodwill .. 
On application to dispense with 
production of probate or letters 
of administration 
On application for rectification of 
register or removal of trade 
mark from register .. 
On request to enter alteration of 
address or address for service of 
proprietor or registered user 
(except where no fee is payable 
by virtue of regulation 71 (3) of 
these regulations) 50 
25 
80 
80 
40 
60 
50 
230 
40 Corresponding 
Trade Marks 
FOrITI No. 
15 
16 
17 
18 
20 1991/269 Trade Marks Regulations 19 54~ 
Amendment No. 13 
SCHEDULE-continued IP/N/lINZL/T/2 
Page 85 
NEW FIRST SCHEDULE TO PRINCIPAL REGULATIONs-continued 
"FIRST SCHEDULE-continued 
FEEs-continued 
Item Matter 
On each request covering 
more than 1 trade mark, 
the alteration being the 
same as in the first trade 
mark: 
For the first trade mark 
For each additional trade 
mark 
16 On request to enter change of 
name or description of proprie­
tor or registered user 
On each request covering 
more than 1 trade mark, 
the change being the 
same as in the first trade 
mark: 
For the first trade mark 
For each additional trade 
mark 
1 7 On request to cancel the entry or 
part of the entry of a trade 
mark in the register 
18 On request to strike out goods or 
services from those for which 
the trade mark is registered 
1 9 On request to enter disclaimer or 
memorandum in register .. 
20 On request under section 44 (3) of 
the Act for correction of error 
21 On request under regt..tlation 76 of 
these regulations for entry of 
certificate of validity in register 
22 On application for addition to or 
alteration of trade mark .. 
On each application covering 
more than 1 trade mark, 
the addition or alteration 
being the same as in the 
first trade mark: 
For the first trade mark 
For each additional trade 
mark Amount 
$ 
40 
20 
40 
40 
20 
40 
40 
40 
50 
50 
110 
110 
50 Corresponding 
Trade Marks 
Fonn No. 
21 
22 
23 
24 
25 
26 
27 5 6 IP 1Nl 1 INZL/T 12 
Page 86 
Item 
23 
24 
25 
26 
27 
28 Trade Marks Regulations 19 5 4~ 
Amendment No. 13 
SCHEDULE-continued 1991/269 
NEW FIRST SCHEDULE TO PRINCIPAL REGULATIONs-continued 
"FIRST SCHEDULE-continued 
FEEs-continued 
Matter 
On appli~ation to alter d~posi~ed 
regu1atIons of a certificatIon 
trade mark 
On each application covering 
more than 1 trade mark, 
the alteration being the 
same or substantially the 
same as in the first trade 
mark: 
For the first trade mark 
For each additional trade 
mark 
On application to expunge or vary 
entry of certification trade mark 
On application to enter registered 
user 
On each application covering 
more than 1 trade mark, 
the conditions and re­
strictions being the same 
as in respect of the first 
trade mark: 
For the first trade mark 
For each additional trade 
mark 
On application to vary or cancel 
entry of registered user 
On each application covering 
more than 1 trade In ark, 
the proprietor and user 
being the same as in the 
first trade mark: 
For the first trade Inark 
.For each additional trade 
mark 
On request for permission to 
amend application 
On all notices of opposition, by 
opponent AInount 
$ 
60 
60 
30 
80 
110 
110 
60 
100 
100 
40 
40 
180 Corresponding 
Trade Marks 
Form No. 
29 
30 
31 
32, 33, 34 
36 
2, 8, 28 IP IN I lINZL/T 12 
Page 87 
1991/269 Trade Marks Regulations 1954 J 
Amendment No. 13 
Item 
29 
30 
31 
32 
33 
34 
35 
36 
37 SCHEDULE-continued 
NEW FIRST SCHEDULE TO PRINCIPAL REGULATIONs-continued 
"FIRST SCHEDULE-continued 
FEEs-continued 
Matter 
On counter-statement, by appli­
cant 
On application for extension of 
time, for each month or part 
thereof 
On hearing by Commissioner, .for 
each party . . . . 
For further certificate of Commis­
sioner under section 57 of the 
Act 
For certificate of Commissioner 
(other than certificate under 
section 28 and further certificate 
under section 57 of the Act) 
For a search under regulation 
103 (1) of these regulations, in 
respect of 1 mark in 1 class 
On request for Commissioner's 
preliminary advice under regula­
tion 103 (2) of these regulations: 
For each trade mark submit­
ted in respect of 1 class 
For typed or photographic copy of 
documents 
Per document 
Each page copied 
Each page copied by way of 
self service 
For extra space in any Journal ad­
vertisement where the represen­
tation of the trade mark exceeds 
9 cm in breadth Amount 
$ 
50 
30 
60 
60 
60 
35 
35 
4 
0.28 
0.14U 
40 Corresponding 
Trade Marks 
Fonn No. 
37 7 
if-Inclusive of Goods and Services Tax under the Goods and Services Tax 
Act 1985 8 IP/N/lINZL/T 12 
Page 88 
Item 
38 
39 Trade Marks Regulations 19 54~ 
Amendment No. 13 
SCHEDULE-continued 1991/269 
NEW FIRST SCHEDULE TO PRINCIPAL REGULATIONs-continued 
"FIRST SCHEDULE-continued 
FEEs-continued 
Matter 
For extra space in any Journal 
advertisement where the 
representation of the trade 
mark exceeds 5 cm in depth 
For each centimetre or part 
centimetre of depth in 
excess of 5 cm 
On request for endorsement of 
certificate of registration 
presented subsequent to the 
filing of an application involving 
an alteration in the register 
On each request covering 
more than 1 trade mark, 
the endorsement being 
the same as in the first 
trade mark: 
For the first trade mark 
For each additional trade 
mark Amount 
$ 
5 
60 
60 
30 Corresponding 
Trade Marks 
Fonn No. 
, , 
MARIE SHROFF, 
Clerk of the Executive Council. 1991/269 Trade M arks Regulations 19 5 4~ 
Amendment No. 13 
EXPLANATORY NOTE IP 1Nl I/NZL/T 12 
Page 89 
This note is not part of the regulations~ but is intended to indicate their general effect. 9 
These regulations prescribe a new scale of fees in respect of various matters under the 
Trade Marks Regulations 1954. Under the new scale one fee (the fee for photocopying 
documents) is increased and the fees fora number of matters are reduced. 
Regulation 2 which comes into force on 1 March 1992, substitutes a new scale of fees 
payable in respect of various matters. A new fee is prescribed for obtaining photographic 
copies of documents by way of self service. 
Regulation .3 provides that, except in respect of the fee for the photocopying of documents 
by way of self service, the fees prescribed by the principal regulations are exclusive of goods 
and services tax. 
Issued under the authority of the Acts and Regulations Publication Act 1989. 
Date of notification in Gazette: 12 December 1991. 
These regulations are administered in the Ministry of Commerce. 
WELUNGTON. NEW ZEALAND: Published under the authority of the 
New Zealand Goverrunent-1991 
29781C -91jNS 