Trade Marks Regulations 2003

44 Information that must be supplied before acceptance of application
  • An applicant must supply the following information before the application can be accepted, and may supply it after filing the application:

    • (a) the applicant's business or residential address, if this is different from the address for service; and

    • (b) whether the application is for a certification or a collective trade mark; and

    • (c) the class or classes of the edition of the Nice Classification in effect at the time of the application in which registration is sought; and

    • (d) in the case of a certification trade mark, the regulations governing the use of the trade mark approved by the Commissioner; and

    • (e) a transliteration of any foreign characters in the trade mark; and

    • (f) a translation of any foreign words in the trade mark; and

    • (g) if the trade mark is a colour or colours, a description acceptable to the Commissioner of the colour or colours; and

    • (h) if the trade mark is limited as to colour, a description acceptable to the Commissioner of the colour or colours in the trade mark; and

    • (i) if the applicant has made a claim for convention priority, the information specified in regulation 47; and

    • (j) a statement by the applicant that the trade mark is being used or is proposed to be used.

    Regulation 44(c): substituted, on 16 September 2011, by section 28(3) of the Trade Marks Amendment Act 2011 (2011 No 71).