OpenLegislation

Article 7 Convention applications

United Kingdom

(1)

Where an application for the registration of a design or designs is made by virtue of section 14 the applicant shall comply with the following provisions.

(2)

The application shall contain a declaration specifying—

(a)

the date of making of each convention application; and

(b)

the country it was made in or in respect of.

(3)

The applicant shall, before the end of the period of 3 months F1beginning immediately after the date on which the application was filed, file at the Patent Office a copy of the representation of the design that was the subject of each convention application.

(4)

A copy of the representation filed under paragraph (3) shall be—

(a)

duly certified by the authority with which it was filed; or

(b)

verified to the satisfaction of the registrar.

(5)

Paragraph (3) shall not apply where a copy of the convention application is kept at the Patent Office.

(6)

Where any document relating to the convention application is in a language other than English or Welsh, the registrar may direct the applicant to provide a translation of the whole or any part of that document.

(7)

The translation shall be filed before the end of the period of 3 months F2beginning immediately after the date of the direction.

(8)

Where the applicant—

(a)

fails to file a copy of the representation of the design which has been certified or verified in accordance with paragraph (4); or

(b)

fails to comply with a direction given under paragraph (6),

the convention application shall be disregarded for the purposes of section 14(2).

(9)

In this rule “convention application” means an application for the protection of a design which has been made in a convention country.

Annotations

Textual amendments

F1

Words in rule 7(3) 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

Words in rule 7(7) 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)