S.I. No. 157/1967 - Merchandise Marks Commission (Proceedings) Regulations, 1967.

S.I. No. 157 of 1967.

MERCHANDISE MARKS COMMISSION (PROCEEDINGS) REGULATIONS, 1967.

The Merchandise Marks Commission in exercise of the powers conferred on it by section 3 of the Merchandise Marks Act, 1931 (No. 48 of 1931), hereby makes the following regulations:

1. These Regulations may be cited as the Merchandise Marks Commission (Proceedings) Regulations, 1967.

2. (1) In these Regulations—

"the Act" means the Merchandise Marks Act, 1931 (No. 48 of 1931);

"the Commission" means the Merchandise Marks Commission;

"applicant" means a person who has made an application under section 6 (1) of the Act.

(2) The Interpretation Act, 1937 (No. 38 of 1937), shall apply to these Regulations.

3. Whenever an application is referred to the Commission under section 6 (1) of the Act, the Commission shall give notice of such reference to the applicant and invite him to make a submission. Every such submission shall contain the particulars specified in the schedule hereto.

4. On receipt of a submission under the foregoing regulation, or whenever a question under section 6 (2) or section 12 (2) of the Act is referred to it, the Commission shall, subject in the case of a submission to compliance with section 6 (3) of the Act, publish in such manner as it may think suitable, notice of the reference of the application or question to the Commission, the nature of the application or question, and the intention of the Commission to hold an inquiry into the application or question in pursuance of the Act.

5. Any person who appears to the Commission to have a substantial interest in the subject matter of an inquiry other than an applicant may make a submission in writing to the Commission containing such of the particulars set out in the Schedule hereto as may be relevant to such submission and such further particulars as he may think fit.

6. (1) The Commission shall give to each person whose attendance it requires for the purpose of having any evidence tendered in accordance with these regulations, notice in writing of the date on which the Commission will hear such evidence, and such notice shall be delivered at or posted to the address of such person at least four clear days before such date.

(2) The notice to be given by the Commission under the immediately preceding paragraph may be dispensed with in respect of persons who are in attendance before the Commission, and receive verbal notice of the date on which they are required to give evidence.

7. The Merchandise Marks Commission (Proceedings) Regulations, 1932 ( S.I. No. 49 of 1932 ), are hereby revoked.

SCHEDULE.

PARTICULARS TO BE FURNISHED IN SUBMISSIONS MADE TO THE COMMISSION.

1. A detailed description of the class of goods to which the submission relates identified as far as possible by reference to the current Customs and Excise Tariff of Ireland published by the Revenue Commissioners.

2. The broad grounds on which the submission is made.

3. The particular reasons for

(o) a restriction on sale order;

(b) a restriction on importation order;

(c) both such orders;

as the case may require.

4. The form or alternative forms of an indication of origin suitable for use in relation to the goods to which the submission relates.

5. The manner in which an indication of origin should be borne by the goods to which the submission relates.