- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
|DF1A||Appointment or change of agent or contact address||36 and 42|
|DF2A||Application to register one or more designs||4|
|DF2B||Application to register one or more designs divided from an earlier application||4|
|DF2C||Application to publish one or more designs||9|
|DF9A||Renewal of design registration||12|
|DF12A||Application to record a change of ownership or to record or cancel a licence or security||27|
|DF16A||Change of proprietor’s name or address||34|
|DF19A||Request to invalidate a design registration||15|
|DF19B||Notice of counter-statement||15|
|DF19C||Notice by proprietor to cancel a registration||14|
|DF21||Request for a search of the UK designs register||31|
|DF23||Request for a Certified Copy||32|
|DF29||Request to restore a registration||13|
1. In this Part—
“the old Rules” means the Registered Designs Rules 1995(1) as they had effect immediately before the coming into force of these Rules; and
“the RRO” means the Regulatory Reform (Registered Designs) Order 2006(2).
(a)the registrar sent the applicant a statement of objections under rule 29 of the old Rules; and
(b)the applicant has not sent to the registrar his observations in writing on the objections,
the objections shall be treated as the “statement of objections” under rule 8 of these Rules and the date on which the objections were sent shall be treated as the date on which the applicant was notified under rule 8(1).
(a)the period prescribed by rule 10 of these Rules has expired before the date on which these Rules come into force; and
(b)the period prescribed for the purposes of section 3B by rule 36A of the old Rules has not expired before the date on which these Rules come into force,
the period prescribed for the purposes of section 3B(3) shall be that mentioned in rule 36A of the old Rules.
4. Rules 9 and 11 shall not apply where the application for registration of a design under the Act was made before these Rules come into force.
5. An application made in accordance with rule 41(2) of the old Rules shall be treated as made in accordance with rule 13(1) of these Rules.
6. Where the amendments made to section 22, by article 16(2)(b) and (3) of the RRO, do not apply to a registration under the Act (by reason of article 19 of the RRO), rule 69 of the old Rules shall continue to have effect in relation to that registration.
7. Rules 29 and 30 shall not apply to any document filed at the Patent Office before these Rules come into force.
8. A request under rule 72 of the old Rules for a certified copy of any representation, specimen or document kept at the Patent Office shall be treated as an application under rule 33(1) of these Rules.
9. (1) The time the registrar allowed under rule 53 of the old Rules for the filing of the counter-statement shall be treated as the period specified under rule 15(4) of these Rules.
(a)an application for a declaration of invalidity which was made before these Rules came into force; and
(b)a counter-statement has been filed by the registered proprietor,
the registrar shall, within 28 days of these Rules coming into force, specify the periods within which any evidence may be filed, in accordance with rule 16(1).
10. In this Part, “the old Act” means the Registered Designs Act 1949 as it had effect on 27th October 2001.
11. This Part applies to—
(a)transitional registrations, within the meaning of regulation 11 of the Registered Designs Regulations 2001(3);
(b)post-1989 registrations, within the meaning of regulation 12 of those Regulations; and
(c)pre-1989 registrations, within the meaning of regulation 13 of those Regulations.
12. For the purposes of section 6 of the old Act, the circumstances in which a design shall be regarded as “applied industrially” are—
(a)where the design is applied to more than fifty articles, which do not all together constitute a single set of articles (within the meaning of section 44(1) of the old Act); or
(b)where the design is applied to goods manufactured in lengths or pieces, not being hand-made goods.
13. (1) Part 4 of these Rules applies to an application under section 11(2) of the old Act for the cancellation of registration as it applies to an application for a declaration of invalidity under section 11ZB of the Act.
(2) Where an application is made under section 11(2) of the old Act, any reference in rule 15(1) to an application for a declaration of invalidity under section 11ZB of the Act shall be construed as a reference to an application under the relevant provision of the old Act.
(3) For the purposes of rule 23(1), an application under section 11(2) of the old Act shall be treated as if it were mentioned in section 30(3) of the Act.
|Title and number||Extent of revocation|
|Registered Designs Rules 1995 (SI 1995/2912)||The whole rules.|
|Registered Designs (Amendment) Rules 1999 (SI 1999/3196)||The whole rules.|
|Registered Designs (Amendment) Rules 2001 (SI 2001/3950)||The whole rules.|
|Patents, Trade Marks and Designs (Address For Service, etc) Rules 2006 (SI 2006/760)||Rules 10 to 14.|
|Trade Marks and Designs (Address For Service) (Amendment) Rules 2006 (2006/1029)||Rule 2.|
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Click 'View More' or select 'More Resources' tab for additional information including: