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Article 43 Failure to furnish an address for service

United Kingdom

(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 F1beginning 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in the case of an applicant for the registration of a design, the application shall be treated as withdrawn;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the case of a person applying under section 11ZB for a declaration of invalidity, his application shall be treated as withdrawn; and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in the case of the proprietor who is opposing an application under section 11ZB, he shall be deemed to have withdrawn from the proceedingsF2;

F3(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) F4....

Annotations

Textual amendments

F1

Words 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)

F2

Rule 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)

F3

Rule 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)

F4

Words 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