C.710
Marking of
application for
registration
of an
industrial
design
Registration of
an industrial
design
Refusal for
registration of
an industrial
design
Renewal of
registration of
an industrial
design
25. (1) Upon receipt of an application made under regulation 23, the
Registrar shall mark, on each document making up the application for the
registration of a design, the actual date of receipt and the application number
consisting of the letters “BW”, slant, the letter “F”, slant, the four-digit numbers
of the year in which the initial papers were received, slant, and a five-digit
number allocated in the sequential order in which applications are received.
(2) Where any corrections or other documents are later filed on different
dates, the Registrar shall mark the actual dates of receipt for any documents
which are later filed with him or her or for which any corrections were made in
the appropriate place of the application for the registration of a design.
(3) The application number allocated under subregulation (1) shall be quoted
in all subsequent communications concerning the application.
26. (1) Subject to section 50 of the Act, the Registrar shall issue a certificate
of registration of the design in Form 8 set out in the First Schedule.
(2) The Registrar shall allocate to each industrial design he or she registers
the same number as the number allocated under regulation 25.
(3) The registration of an industrial design shall include a representation of
the industrial design and shall specify —
(a) the number of the industrial design;
(b) the name and address of the registered owner;
(c) the name and address of the agent, if any;
(d) the name and address of the creator, except where he or she has asked
not to be named in the registration;
(e) if the priority has been claimed, and the claim has been accepted, the
priority date and the country or countries in which or for which
the earlier application was filed; and
(f) the kind of products for which the industrial design is to be used.
(4) The publication of the reference to the registration of an industrial
design, under section 50 (2) (c) of the Act, shall contain the particulars specified
in subregulation (3).
27. (1) The Registrar shall notify the applicant, in writing, of his or her
decision to register or to refuse the application, and, in the case of a decision
to grant the application, the Registrar shall request the applicant to pay
the registration and publication fee set out in the Second Schedule within one
month from the date of the notification.
(2) Refusal of an application by the Registrar shall not affect its filing date
which shall remain valid.
28. (1) The renewal of the registration of an industrial design under section
56 (1) shall be made by the registered owner or his or her agent during the six
months period preceding the expiry of the registration.
(2) The renewal of the registration of and industrial design shall be subject
to the payment of the fee set out in the Second Schedule within the period
specified in subregulation (1) or, upon payment of the surcharge fee set out in
the Second Schedule, within the grace period allowed under section 56 (2) of
the Act.
(3) The renewal of registration of an industrial design shall be recorded in
the register and shall be published.
(4) The Registrar shall mark the original certificate as renewed and provide
the next date of expiry in accordance with section 56 (1) of the Act.