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The Patents, Trade Marks and Designs (Address For Service and Time Limits, etc) Rules 2006

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Amendment of the Registered Designs Rules 1995

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12.  For rules 8 and 9 there shall be substituted—

Address for service

8.(1) For the purposes of any proceedings under the Act or these Rules, an address for service shall be filed by—

(a)an applicant for the registration of a design;

(b)a person who makes an application under section 11ZB for a declaration of invalidity of a registered design;

(c)the registered proprietor of the design who opposes such an application.

(2) The proprietor of a registered design, or any person who has registered any interest in a registered design, may file an address for service on Designs Form 1A.

(3) Where a person has provided an address for service under paragraph (1) or (2), he may substitute a new address for service by notifying the registrar on Designs Form 1A.

(4) An address for service filed under paragraph (1)(a) or (2) shall be an address in the United Kingdom, another EEA State or the Channel Islands.

(5) An address for service filed under paragraph (1)(b) or (c) shall be an address in the United Kingdom, unless in a particular case the comptroller otherwise directs.

Failure to provide an address for service

9.(1) Where—

(a)a person has failed to file an address for service under rule 8(1); and

(b)the registrar has sufficient information enabling him to contact that person,

the registrar shall direct that person to file an address for service.

(2) Where a direction has been given under paragraph (1), the person directed shall, before the end of the period of 2 months beginning with the date of the direction, file an address for service.

(3) Paragraph (4) applies where—

(a)a direction was given under paragraph (1) and the period prescribed by paragraph (2) has expired; or

(b)the registrar had insufficient information to give a direction under paragraph (1),

and the person has failed to provide an address for service.

(4) Where this paragraph applies—

(a)in the case of an applicant for the registration of a design, the application shall be treated as withdrawn;

(b)in the case of a person applying under section 11ZB for a declaration of invalidity, his application shall be treated as withdrawn; and

(c)in the case of the proprietor who is opposing such an application, he shall be deemed to have withdrawn from the proceedings.

(5) In this rule an “address for service” means an address which complies with the requirements of rule 8(4) or (5)..

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