Article 43 Failure to furnish an address for service
United Kingdom
Where—
a person has failed to furnish an address for service under rule 42(1); and
the registrar has sufficient information enabling him to contact that person,
the registrar shall direct that person to furnish an address for service.
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.
Paragraph (4) applies where—
a direction was given under paragraph (1) and the period prescribed by paragraph (2) has expired; or
the registrar had insufficient information to give a direction under paragraph (1),
and the person has failed to furnish an address for service.
Where this paragraph applies—
in the case of an applicant for the registration of a design, the application shall be treated as withdrawn;
in the case of a person applying under section 11ZB for a declaration of invalidity, his application shall be treated as withdrawn; and
in the case of the proprietor who is opposing an application under section 11ZB, he shall be deemed to have withdrawn from the proceedingsF2;
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.
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