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(b)
in the case of a design registered under the Act, it is desired at the
expiration of the third year from the date referred to in section 22 (1) of the
Act; or
(c)
in either of the above cases, it is desired at the expiration of any
succeeding year during the term of the design registration,
to keep the registration in force, the renewal fees set out in the appropriate item
of Schedule 1 shall be paid by lodging Form D10, in duplicate, before the
expiration of that year.
35.
36.
(2)
All or any of the renewal fees may be paid in advance.
(3)
An application for extension of time for payment of any renewal fee shall be made
on Form D10.
(4)
On receipt of Form D10, and provided the terms of this regulation are complied
with, the registrar shall make an entry in the register to signify that the renewal
has been effected, and shall furnish the applicant with a confirmation that the
renewal has been effected by returning to the applicant the copy of the Form D10
after the official stamp of the registrar has been applied thereto.
Restoration
(1)
An application under section 23 of the Act for the restoration of a design
registration which has lapsed through non-payment of renewal fees shall be
made on Form D18 and shall be accompanied by an affidavit setting out the
circumstances under which the design registration lapsed and the grounds on
which restoration is requested.
(2)
If the registrar is satisfied that a prima facie case has been made out, he shall
advertise the application once in the journal.
(3)
At any time within two months of the date of the advertisement of the application
any person (hereinafter referred to as 'the objector') may oppose the restoration
of the design registration, in accordance with the procedure set out in regulation
36.
(4)
If no opposition is entered, or if the registrar at the conclusion of the hearing is
satisfied that restoration is appropriate, he shall issue an order that the
registration be restored, and the registrar shall, subject to compliance with section
23 (5) of the Act, cause an entry to be made in the register to that effect.
Procedure on opposition
(1)
(a)
An opposition by any person (hereinafter referred to as 'the opponent') in
any matter in which opposition is allowed under the Act shall be brought by
way of notice of opposition on Form D11 or in a form as nearly as possible
in accordance with Form D11, and shall be supported by an affidavit as to
the facts upon which the opponent relies for relief.
(b)
A copy of such notice, and all annexures to it, shall be served upon every
interested party.
(c)
In such notice the opponent shall appoint an address for service in terms of
regulations 6 and 7 at which he shall accept notice and service of all
documents in the proceedings, and shall set forth a day, being not less
than one month after service of the notice on an interested party, on or
before which such interested party shall be required to notify the opponent
and the registrar, in writing, whether he intends to contest such opposition.