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The Registered Designs (Fees) Rules 2006

S.I. 2006/2424 · Made 6 September 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

DESIGNS

Made 6th September 2006

Laid before Parliament 8th September 2006

Coming into force 1st October 2006

The Secretary of State, with the consent of the Treasury, in exercise of the powers conferred on him by sections 36 and 40 of the Registered Designs Act 1949f1 makes the following Rules.

He has had regard to the matters specified by article 6 of the Department of Trade and Industry (Fees) Order 1988f2.

Annotations to the whole text

Footnotes

f1

1949 c. 88; the Act was last amended by SI 2006/1974; sections 36 and 40 were amended by section 272 of, and paragraph 26 of Schedule 3 to, the Copyright, Designs and Patents Act 1988 (c. 48); section 36 was also amended by regulation 9 of, and paragraph 11 of Schedule 1 to, SI 2001/3949.

f2

SI 1988/93, as amended by SI 1990/1473, which was made under section 102 of the Finance (No. 2) Act 1987 (c.51). See the matters specified in Part 3 of Schedule 1 and Parts 1 and 2 of Schedule 2 to that Order.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Fees for design applications
  3. 3Fees to extend the period for which right in the registered design subsists
  4. 4Other fees payable
  5. 5Fees to accompany forms
  6. 6Revocations
  7. Signature
  8. Schedule: FEES PAYABLE
  9. 1FORMS
  10. 2RENEWAL FEES
  11. 3ADDITIONAL FEES
  12. Explanatory note

1Citation, commencement and interpretation

(1)

These Rules may be cited as the Registered Designs (Fees) Rules 2006 and shall come into force on 1st October 2006.

(2)

In these Rules, “the Act” means the Registered Designs Act 1949 and “the Schedule” means the Schedule to these Rules.

2Fees for design applications

The fee to be paid for an application for the registration of a design is—

(a)

for the first design included in an application, £60;

(b)

for any design included after the first design, £40.

3Fees to extend the period for which right in the registered design subsists

(1)

The fees to be paid to extend the period for which the right in a registered design subsists under section 8(2) of the Act are those specified in Part 2 of the Schedule.

(2)

The additional fees prescribed for the purposes of section 8(4) of the Act are those specified in Part 3 of the Schedule.

(3)

Where payment of the additional fee is made before the end of the month indicated in the first column of the table in Part 3, the fee to be paid is the amount specified in the second column.

4Other fees payable

The fees to be paid in respect of other matters arising under the Act are those specified in Part 1 of the Schedule.

5Fees to accompany forms

Where a form—

(a)

is required to be used by the Registered Design Rules 2006f1, and

(b)

is specified in Part 1 of that Schedule as the corresponding form in relation to any matter,

that form shall be accompanied by the fee specified in respect of that matter.

6Revocations

The Registered Designs (Fees) Rules 1998f1 and the Registered Designs (Fees) (Amendment) Rules 2001f2 are revoked.

Signature

Alistair Darling

Secretary of State

Department of Trade and Industry

30th August 2006

We consent to the making of these Rules.

Claire Ward

Kevin Brennan

Two of the Lords Commissioners of Her Majesty’s Treasury

6th September 2006

1FORMS

Number of Corresponding FormItem (references to a rule in this column are to a rule in the Registered Designs Rules 2006)Amount (£)
DF1A

Change of agent or address for service (rules 36 and 42)

—
DF2A

Application for the registration of a design (rule 4)

see rule 2
DF2B

Application for the registration of a design, which is a subsequent design for the purposes of section 3B(3) (rule 4)

see rule 2
DF2C

Consent for publication

40
DF9A

Application to extend period of protection

see Parts 2 and 3 of the Schedule
DF12A

Application to register title or a notice of interest (rule 27)

—
DF16A

Request to make an alteration to name, address or address for service (rule 34)

—
DF19A

Application for a declaration of invalidity (rule 15)

50
DF19B

Counter-statement in an application for a declaration of invalidity (rule 15)

—
DF19C

Notice by proprietor to cancel a registration (rule 14)

—
DF21

A request for information under section 23 (rule 31)

25
DF23

A certified copy of an entry in the register or a certified extract (rule 32)

Where the certification is by way of affixing the seal of the Patent Office

Where the certification is by way of rubber stamp

22

16

DF29Application to restore the right in a design under section 8A (rule 13)120

2RENEWAL FEES

In respect of the second period of five years

130

In respect of the third period of five years

210

In respect of the fourth period of five years

310

In respect of fifth period of five years

450

3ADDITIONAL FEES

Month beginning with the date the right ceased to have effect in accordance with section 8(3) of the Registered Designs Act 1949

Amount of additional fee

1st

0

2nd

24

3rd

48

4th

72

5th

96

6th

120

Explanatory note

(This note is not part of the Rules)

These Rules prescribed the fees payable in respect of matters arising under the Registered Designs Act 1949 (c. 88). They reflect the changes made by the Regulatory Reform (Registered Designs) Order 2006 (SI 2006/1974) and the new procedures under the Registered Designs Rules 2006 (SI 2006/1975).

These Rules also revoke previous Rules relating to fees.

A Regulatory Impact Assessment has been placed in the libraries of both Houses of Parliament. Copies of the assessment are available from the Patent Office website (www.patent.gov.uk) or by contacting the Trade Marks and Designs Directorate, The Patent Office, Concept House, Cardiff Road, Newport, NP10 8QQ.