AI-assisted research summary: These Rules replace Rule 106 and set the procedure for an application to register a mark used solely as a certificate of quality, including reporting, applicant submissions, and a Ministerial decision.
S.I. No. 14/1928 - The Industrial Property (Amendment) Rules, 1928. STATUTORY RULES AND ORDERS. 1928. No. 14. THE INDUSTRIAL PROPERTY (AMENDMENT) RULES, 1928. Under and by virtue of the provisions of the Industrial and Commercial Property (Protection) Act, 1927 , hereinafter referred to as the "Act," the Minister for Industry and Commerce hereby makes the following Rules:— 1. These Rules may be cited as the Industrial Property (Amendment) Rules, 1928. 2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Rules, in like manner as it applies to the interpretation of an Act of the Oireachtas passed after the first day of January, 1924. 3. These Rules shall come into operation on the date of the making thereof. 4. Rule 106 of the Industrial Property Rules, 1927, is hereby repealed, and the following Rule is substituted therefor:— 106. Procedure on Application to Register Mark Used Solely as Certificate of Quality, Etc. When an application is made by an association or person to register a mark under the provisions of Section 123 of the Act, the Controller shall report thereon to the Minister and shall at the same time send a copy of his report to the applicant. If the applicant should desire to submit to the Minister any further information or evidence in support of the application, he may, within one month from the date of the Controller's report, furnish to the Minister a statutory declaration setting out such further information or evidence, and shall at the same time furnish a copy to the Controller. Upon the receipt of such declaration, or after one month from the date of the Controller's report, the Minister may call for such further report or evidence as he may think fit, and shall if necessary hear the applicant and the Controller, and make an order determining whether and subject to what conditions, amendments, modifications or limitations, if any, the application may be permitted to proceed. If such application is permitted to proceed, the mark shall be advertised and the application shall be treated in all respects as if it were an ordinary application, and it shall be open to apposition in the same way, and all such proceedings shall be had thereon as if it were an application for the registration of a trade mark under the Act. Dated this 30th day of March, 1928. GORDON CAMPBELL, Department of Industry and Commerce.