Article 8 Substantive and formal examination of application

United Kingdom

(1)

Where it appears to the registrar that he should refuse to register a design included in an application—

(a)

by reason of the application for the registration of that design not being made in accordance with any of these Rules, other than rule 9(2) (see section 3A(2)); or

(b)

by reason of section 3A(3) or (4),

he shall notify the applicant accordingly.

(2)

The notification shall include a statement of why it appears to the registrar that he should refuse to register the design (for the purposes of this rule the “statement of objections”).

(3)

The applicant may, before the end of the period of 2 months F1beginning immediately after the date of the notification, send his written observations on the statement of objections to the registrar.

(4)

The registrar shall give the applicant an opportunity to be heard.

(5)

Where the registrar refuses to register a design included in an application, he shall send to the applicant the written reasons for his decision.

(6)

The date on which the written reasons were sent to the applicant shall be deemed to be the date of the decision for the purposes of any appeal.

Annotations

Textual amendments

F1: Words in rule 8(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)