42.—(1) For the purposes of any proceedings under the Act, an address for service shall be furnished 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 [F1;]
[F2(d)a proprietor of a re-registered design who sends a derogation notice to the registrar under rule 15A.]
(2) The proprietor of a registered design, or any person who has registered any interest in a registered design, may furnish an address for service on Form DF1A.
(3) Where a person has furnished an address for service under paragraph (1) or (2), he may substitute a new address for service by notifying the registrar on Form DF1A.
[F3(4) An address for service furnished under this Rule shall be an address in the United Kingdom, [F4Gibraltar] or the Channel Islands.]
F5(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Rule 42(1)(c): semicolon substituted for word by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 6 para. 8(2) (as substituted by S.I. 2020/1050, regs. 1(2), 24(d)); 2020 c. 1, Sch. 5 para. 1(1)
F2Rule 42(1)(d) inserted by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 6 para. 8(3) (as substituted by S.I. 2020/1050, regs. 1(2), 24(d)); 2020 c. 1, Sch. 5 para. 1(1)
F3Rule 42(4) substituted for rule 42(4)(5) (6.4.2009) by The Patents, Trade Marks and Designs (Address for Service) Rules 2009 (S.I. 2009/546), rules 1, 6
F4Word in rule 42(4) substituted (1.1.2021) by The Patents, Trade Marks and Designs (Address for Service) (Amendment) (EU Exit) Rules 2020 (S.I. 2020/1317), rules 1(1), 4(a) (with rules 6-8)
F5Rule 42(6) omitted (1.1.2021) by virtue of The Patents, Trade Marks and Designs (Address for Service) (Amendment) (EU Exit) Rules 2020 (S.I. 2020/1317), rules 1(1), 4(b) (with rules 6-8)
43.—(1) Where—
(a)a person has failed to furnish an address for service under rule 42(1); and
(b)the registrar has sufficient information enabling him to contact that person,
the registrar shall direct that person to furnish 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 [F6beginning immediately after] the date of the direction, furnish 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 furnish 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 an application under section 11ZB, he shall be deemed to have withdrawn from the proceedings[F7;]
[F8(d)in the case of a proprietor who sends a derogation notice to the registrar, the registrar must proceed as if the proprietor had not sent a derogation notice.]
(5) In this rule an “address for service” means an address which complies with the requirements of rule 42(4) F9....
Textual Amendments
F6Words in rule 43(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)
F7Rule 43(4)(c): semicolon substituted for word by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 6 para. 9(2) (as inserted by S.I. 2020/1050, regs. 1(2), 24(e)); 2020 c. 1, Sch. 5 para. 1(1)
F8Rule 43(4)(d) inserted by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 6 para. 9(3) (as inserted by S.I. 2020/1050, regs. 1(2), 24(e)); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in rule 43(5) omitted (6.4.2009) by virtue of The Patents, Trade Marks and Designs (Address for Service) Rules 2009 (S.I. 2009/546), rules 1, 7