OpenLegislation

Article 4 Applications

(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.