4.—(1) An application for the registration of a design or designs shall be made on Form DF2A and—
(a)shall include the identity of the person making the application; and
(b)in relation to each design, shall either—
(i)include a representation of the design; or
(ii)be accompanied by a specimen of the design,
and it shall be accompanied by the prescribed fee.
(2) But an application for the registration of a design or designs, which is a subsequent application for the purposes of section 3B(3), shall be made on Form DF2B and be accompanied by the prescribed fee.
(3) Where an application includes a representation of the design, the applicant may give his consent for its publication on Form DF2A or Form DF2B.
(4) Where a person purports to file something under section 3(1) and—
(a)it is not in the form prescribed by either paragraph (1) or (2); or
(b)it is not accompanied by the prescribed fee,
the registrar shall notify that person accordingly.
(5) A representation or specimen filed under paragraph (1)(b) may be accompanied by a brief description of the design.
(6) A specimen may not be filed under paragraph (1)(b) if it is hazardous or perishable; and where such a specimen is so filed it shall be disregarded.
(7) An application for the registration of a design which is a repeating surface pattern shall only be treated as such if—
(a)the representation or specimen filed under paragraph (1)(b) includes the complete pattern and a sufficient portion of the repeat in length and width to show how the pattern repeats; and
(b)the application contains a statement that it relates to a repeating surface pattern.
5.—(1) An application for the registration of a design shall comply with the first and second requirement.
(2) The first requirement is that the applicant has specified the product to which the design is intended to be applied or in which it is intended to be incorporated.
(3) The second requirement is that the dimensions of any specimen of the design filed under rule 4(1)(b)(ii) shall not exceed 29.7cm x 21cm x 1cm.
(4) Where the applicant files a representation of the design after being notified under rule 8(1) that the application does not comply with the second requirement—
(a)that representation shall be deemed to have been filed under rule 4(1)(b)(i); and
(b)any specimen filed under rule 4(1)(b)(ii) shall be treated as not having been filed.
(5) Nothing done to comply with the first requirement shall be taken to affect the scope of the protection conferred by the registration of a design.
6. An application for the registration of a design may be accompanied by a disclaimer which—
(a)limits the scope or extent of protection being applied for in relation to the design; or
(b)indicates that the application for registration relates to a design that forms only a part of the appearance of a product.
7.—(1) Where an application for the registration of a design or designs is made by virtue of section 14 the applicant shall comply with the following provisions.
(2) The application shall contain a declaration specifying—
(a)the date of making of each convention application; and
(b)the country it was made in or in respect of.
(3) The applicant shall, before the end of the period of 3 months [F1beginning immediately after] the date on which the application was filed, file at the Patent Office a copy of the representation of the design that was the subject of each convention application.
(4) A copy of the representation filed under paragraph (3) shall be—
(a)duly certified by the authority with which it was filed; or
(b)verified to the satisfaction of the registrar.
(5) Paragraph (3) shall not apply where a copy of the convention application is kept at the Patent Office.
(6) Where any document relating to the convention application is in a language other than English or Welsh, the registrar may direct the applicant to provide a translation of the whole or any part of that document.
(7) The translation shall be filed before the end of the period of 3 months [F2beginning immediately after] the date of the direction.
(8) Where the applicant—
(a)fails to file a copy of the representation of the design which has been certified or verified in accordance with paragraph (4); or
(b)fails to comply with a direction given under paragraph (6),
the convention application shall be disregarded for the purposes of section 14(2).
(9) In this rule “convention application” means an application for the protection of a design which has been made in a convention country.
Textual Amendments
8.—(1) Where it appears to the registrar that he should refuse to register a design included in an application—
(a)by reason of the application for the registration of that design not being made in accordance with any of these Rules, other than rule 9(2) (see section 3A(2)); or
(b)by reason of section 3A(3) or (4),
he shall notify the applicant accordingly.
(2) The notification shall include a statement of why it appears to the registrar that he should refuse to register the design (for the purposes of this rule the “statement of objections”).
(3) The applicant may, before the end of the period of 2 months [F3beginning immediately after] the date of the notification, send his written observations on the statement of objections to the registrar.
(4) The registrar shall give the applicant an opportunity to be heard.
(5) Where the registrar refuses to register a design included in an application, he shall send to the applicant the written reasons for his decision.
(6) The date on which the written reasons were sent to the applicant shall be deemed to be the date of the decision for the purposes of any appeal.
Textual Amendments
9.—(1) Where the registrar decides that he should not refuse to register the design for the reasons mentioned in rule 8(1)(a) or (b) and—
(a)no representation of the design has been filed; or
(b)a representation has been filed but it is not suitable for publication,
the registrar shall direct the applicant to provide a suitable representation.
(2) Where a direction is given, the applicant shall, before the end of the period of 3 months [F4beginning immediately after] the direction, file a suitable representation (otherwise the registrar may refuse to register the design: see section 3A(2)).
(3) Where a suitable representation has been filed, the applicant shall file his consent for its publication on Form DF2C.
(4) But paragraph (3) shall not apply where the applicant consented to publication in accordance with rule 4(3).
(5) In this rule “suitable representation” means a representation of the design which is suitable for publication.
Textual Amendments
10.—(1) The time prescribed for the purposes of section 3(5) shall be 12 months [F5beginning immediately after] the date on which the application for registration of the design was made or treated as made (disregarding section 14).
(2) The period prescribed for the purposes of section 3B(3) shall be the period of 2 months [F6beginning immediately after] the date on which the earlier application was modified under section 3B(3).
Textual Amendments
F5Words in rule 10(1) substituted (31.3.2013) by virtue of The Trade Marks and Registered Designs (Amendment) Rules 2013 (S.I. 2013/444), rules 1, 7, Sch. 2 (with rule 8)
F6Words in rule 10(2) substituted (31.3.2013) by virtue of The Trade Marks and Registered Designs (Amendment) Rules 2013 (S.I. 2013/444), rules 1, 7, Sch. 2 (with rule 8)