OpenLegislation

The Registered Designs Rules 1989

S.I. 1989/1105 · Made 29 June 1989

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 29th June 1989

Laid before Parliament 10th July 1989

Coming into force 1st August 1989

The Secretary of State, in exercise of the powers conferred upon him by sections 1(5), 3(1), (4) and (6), 5(2), 6(6), 8(3), 8A(1) and (3), 11(1), 17(1), (5) and (6), 18(1), 19(1) and (2), 20(3) and (4), 22(2), 29, 30(1) and (3), 31, 32(1), 36(1) and (1A), 39(1) and 44(1) of the Registered Designs Act 1949f1 and after consultation with the Council on Tribunals pursuant to section 10(1) of the Tribunals and Inquiries Act 1971f2, hereby makes the following Rules:

Annotations to the whole text

Footnotes

f1

1949 c. 88; section 17 of the Registered Designs Act 1949 was inserted by the Patents, Designs and Marks Act 1986 (c. 39), Schedule 1, paragraph 3; sections 1(5), 3(4) and (6), 5(2), 6(6), 8(3), 8A(1) and (3), 30(1) and (3), 31 and 36(1A) of the 1949 Act were inserted by, and sections 22(2), 29 and 36(1) of the 1949 Act were amended by, the Copyright, Designs and Patents Act 1988 (c. 48), sections 265 and 269 and Schedule 3, paragraphs 1, 3, 4, 12, 18, 19, 20 and 26.

f2

1971 c. 62.

Contents

  1. PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Revocation
  5. 4Forms
  6. DOCUMENTS
  7. 5Size and presentation of documents
  8. 6Signature of documents
  9. 7Service of documents
  10. ADDRESS
  11. 8Address for service
  12. 9Failure to provide address for service
  13. AGENTS
  14. 10Appointment of agents
  15. 11Recognition of agents
  16. APPLICATIONS FOR REGISTRATION
  17. 12Form for applications
  18. 13Application for same design in respect of more than one article
  19. 14Article to which design is applied
  20. 15Statement of novelty on representations or specimens
  21. 16Registration of same design in respect of other articles, etc.
  22. REPRESENTATIONS AND SPECIMENS
  23. 17Supply of representations and specimens
  24. 18Representations and specimens for sets of articles
  25. 19Size and presentation of representations
  26. 20Drawings or tracings
  27. 21Replacement of specimens by representations
  28. 22Words, letters or numerals
  29. 23Repeating surface patterns
  30. 24Use of portrait of a member of the Royal Family or armorial bearings, etc.
  31. 25Use of portrait of living or recently dead person
  32. DESIGNS EXCLUDED FROM REGISTRATION UNDER SECTION 1(5)
  33. 26Exclusion of designs to be applied to certain articles
  34. CONVENTION APPLICATIONS
  35. 27Declarations
  36. 28Copies and translations
  37. PROCEDURE ON RECEIPT OF APPLICATION
  38. 29Statement of objections by registrar
  39. 30Decision of registrar to be communicated in writing
  40. 31Appeal from registrar’s decision
  41. CERTIFICATE OF REGISTRATION
  42. 32Form of certificate
  43. 33Copy of certificate
  44. NOVELTY OF DESIGNS
  45. 34Deemed application date under section 3(4)
  46. 35Industrial application of designs
  47. NON-COMPLETION
  48. 36Time limits
  49. DEATH OF APPLICANT
  50. 37Substitution
  51. EXTENSION OF DURATION OF RIGHT IN REGISTERED DESIGN
  52. 38Extension for further periods of five years
  53. 39Notice of expiry of the right in a registered design
  54. 40Late extensions
  55. 41Restoration of lapsed right in a design under section 8A
  56. REGISTRATION OF ASSIGNMENTS, ETC
  57. 42Procedure for application for registration
  58. 43Filing of certified copies
  59. 44Particulars to be provided
  60. 45Cancellation of claim to be mortgagee or licensee
  61. 46Alteration of name or address
  62. CORRECTION OF ERRORS
  63. 47Request for correction
  64. DISCRETIONARY POWER
  65. 48Exercise of discretionary powers of registrar
  66. DISPENSATION BY REGISTRAR
  67. 49Registrar’s power to dispense from Rules
  68. AMENDMENTS
  69. 50Registrar’s power to allow amendments and rectify irregularities in procedure
  70. EXTENSION OF TIME
  71. 51Registrar’s power to extend times prescribed by Rules
  72. APPLICATION FOR COMPULSORY LICENCE UNDER SECTION 10 OR CANCELLATION OF REGISTRATION OF DESIGN UNDER SECTION 11(2) OR (3)
  73. 52Procedure for application
  74. 53Opposition by registered proprietor
  75. 54Evidence of applicant
  76. 55Evidence of registered proprietor and evidence in reply
  77. 56Prohibition on further evidence
  78. 57Procedure for hearing
  79. CANCELLATION UNDER SECTION 11(1)
  80. 58Request for cancellation
  81. LICENCES OF RIGHT
  82. 59Application to settle terms of licence of right
  83. COSTS
  84. 60Costs of proceedings
  85. 61Security for costs
  86. EVIDENCE BEFORE REGISTRAR
  87. 62Evidence
  88. 63Form and content of statutory declaration or affidavit
  89. 64Making and subscription of statutory declaration or affidavit
  90. 65Registrar’s power to require documents, information or evidence
  91. ADVISERS
  92. 66Registrar’s power to appoint advisers
  93. INSPECTION OF REGISTER AND DOCUMENTS
  94. 67Inspection by public
  95. 68Direction by registrar under section 5(1)
  96. 69Prohibition on inspection under section 22(2)
  97. SEARCHES
  98. 70Procedure when registration number known
  99. 71Procedure when registration number unknown or general search
  100. CERTIFICATES AND COPIES SUPPLIED BY REGISTRAR
  101. 72Certificates supplied by registrar
  102. 73Copies supplied by registrar
  103. HOURS OF BUSINESS AND EXCLUDED DAYS
  104. 74Hours of business
  105. 75Excluded days
  106. 76Calculation of times or periods
  107. ORDERS OF THE COURT
  108. 77Service of application on registrar
  109. 78Filing of order with registrar
  110. Signature
  111. Schedule 1: GENERAL FORMS
  112. List of Forms
  113. 1AAppointment or change of agent. Repealed
  114. 2AApplication for registration of a design. Repealed
  115. 6Application for a copy of a certificate of registration of a design. Repealed
  116. 7Request to the registrar for statement of grounds of decision under rule 31. Repealed
  117. 8Request for extension of time to complete an application for the registration of a design. Repealed
  118. 9AApplication to extend period of protection. Repealed
  119. 12AApplication to register an assignment, licence, mortgage or other event affecting the rights in a registered design. Repealed
  120. 16Application to record alteration of name. Repealed
  121. 18Request for correction of error. Repealed
  122. 19Request by proprietor of design to cancel registration. Repealed
  123. 20Request for information under section 23 on supply of registration number. Repealed
  124. 21Request for search when registration number is not supplied. Repealed
  125. 23Request for certificate of the registrar. Repealed
  126. 25AApplication for grant of a compulsory licence under section 10 or for cancellation of the registration under section 11(2) or (3). Repealed
  127. 28Notification of order of the court. Repealed
  128. 29Application for restoration of a lapsed right in a design. Repealed
  129. 30Fee for restoration of a registered design. Repealed
  130. 31Application for settlement of the terms of a licence of right. Repealed
  131. Schedule 2FORM OF CERTIFICATE OF REGISTRATION OF DESIGN
  132. Explanatory note