The Registered Designs Rules 1995

EXTENSION OF DURATION OF RIGHT IN REGISTERED DESIGN

Extension for further periods of five years

38.—(1) An application for extension of the period for which the right in a registered design subsists for a further period of five years shall be made on Designs Form 9A not more than three months before the expiry of the period of five years immediately preceding that further period.

(2) On receipt of the prescribed extension fee accompanied by Designs Form 9A, duly completed, the registrar shall issue a certificate of extension of the period for which the right in the registered design subsists.

Notice of expiry of the right in a registered design

39.—(1) Where the right in a registered design has expired under section 8(3), the registrar shall, not later than six weeks after the date on which the right expired (and if an application for extension of the period for which the right subsists has still not been received by the registrar), send to the registered proprietor of the design a notice of that fact.

(2) This rule does not apply to the right in a design registered in pursuance of an application made before 1st August 1989.

Late extensions

40.  An application for extension of the period for which the right in a registered design subsists for a further period of five years made during the period of six months immediately following the end of a five year period shall be made on Designs Form 9A.

Restoration of lapsed right in a design under section 8A

41.—(1) An application under section 8A may be made within twelve months from the date on which the right in the registered design expired.

(2) Any such application shall be made on Designs Form 29 and shall be supported by evidence in support of the statements made in that application.

(3) The registrar shall enter in the register notice of the application and shall publish such notice in the Journal.

(4) If, upon consideration of the evidence, the registrar is not satisfied that a case for an order under section 8A has been made out, he shall notify the applicant accordingly and, unless within two months the applicant requests to be heard in the matter, the registrar shall refuse the application.

(5) If the applicant requests a hearing within the time allowed, the registrar shall, after giving the applicant an opportunity of being heard, determine whether the application shall be allowed or refused.

(6) If the registrar decides to allow the application, he shall notify the applicant accordingly and require him to file Designs Form 30, together with Designs Form 9A, duly completed, and the amount of the unpaid extension fee and the prescribed restoration fee, upon receipt of which the registrar shall order the restoration of the right in the design and advertise the fact in the Journal.

(7) If the registrar decides to refuse the application he shall notify the applicant accordingly giving written reasons for his decision if so required by the applicant.

(8) This rule does not apply to the right in a design registered in pursuance of an application made before 1st August 1989.