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Contents  

Part I PRELIMINARY

Part II REGISTRATION OF DESIGNS

Division 1 — Registrability of Designs

Division 2 — Application for Registration

Division 3 — Miscellaneous

Part III REGISTER

Part IV EXTENSION OF PERIOD OF REGISTRATION OF DESIGN

Part V REGISTRABLE TRANSACTIONS

Part VI SURRENDER AND REVOCATION OF REGISTRATION OF DESIGN

Part VII EVIDENCE AND PROCEDURE

Part VIIA COSTS

Part VIII EXTENSION OF TIME

Part VIIIA ELECTRONIC ONLINE SYSTEM

Part IX MISCELLANEOUS PROVISIONS

Part X TRANSITIONAL PROVISIONS

FIRST SCHEDULE Fees

SECOND SCHEDULE Description of Forms

THIRD SCHEDULE Repealed

FOURTH SCHEDULE Scale of Costs

Legislative History

 
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On 21/11/2017, you requested the version in force on 21/11/2017 incorporating all amendments published on or before 21/11/2017. The closest version currently available is that of 30/10/2017.
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Registered Designs Act
Registered Designs Rules
R 1
G.N. No. S 504/2000
REVISED EDITION 2002
(31st January 2002)
[13th November 2000]
PART I
PRELIMINARY
Citation
1.  These Rules may be cited as the Registered Designs Rules.
Definitions
2.
—(1)  In these Rules, unless the context otherwise requires —
[Deleted by S 742/2014 wef 13/11/2014]
[Deleted by S 742/2014 wef 13/11/2014]
“classification” means the classification of an article, a non‑physical product or a set of articles and non‑physical products to which a design is intended to be applied, or in respect of which a design is registered, in accordance with any practice directions issued by the Registrar under rule 26;
“Designs Journal” means the journal by that name published under rule 66A;
[S 556/2005 wef 01/09/2005]
“electronic online system” means the electronic online system established under rule 58A;
[S 556/2005 wef 01/09/2005]
[Deleted by S 742/2014 wef 13/11/2014]
“statement of novelty” means a statement made under rule 15;
“textile article” means textile or plastics piece goods, handkerchiefs, shawls or such other class of articles of a similar character as the Registrar may, from time to time, decide, for which the protection required is limited to features of pattern and ornament only.
(2)  For the purposes of this Part —
(a)
“initial period of registration”, in relation to a relevant design;
(b)
“relevant design”;
(c)
“UK Act”; and
(d)
“UK Register”,
have the meanings given to these expressions in paragraph 1 of the Schedule to the Act.
(3)  Unless the context otherwise requires, the word “month”, wherever it occurs in any decision, direction or other document issued by the Registrar, means calendar month.
(4)  Any period of time fixed by these Rules or by any decision, direction or other document issued by the Registrar for the doing of any act shall be reckoned in accordance with paragraphs (5), (6) and (7).
(5)  Where the act is required to be done within a specified period from or after a specified date, the specified period begins immediately after that date.
(6)  Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(7)  Where the act is required to be done within a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
Fees
3.
—(1)  The fees set out in the First Schedule shall be payable to the Registrar in respect of the matters set out in that Schedule.
(2)  Unless otherwise provided for in these Rules, or the Registrar permits or directs otherwise —
(a)
where a fee is specified in the First Schedule in respect of any matter, the fee shall be paid at the same time as the filing of the form corresponding to the matter; and
(b)
if the fee is not paid, the form shall not be treated as filed.
[S 742/2014 wef 13/11/2014]
(3)  Unless the Registrar permits or directs otherwise, the payment of a fee in connection with an act referred to in rule 58A(2)(a) shall be made using any mode of payment designated by the electronic online system, if the act is carried out using that system.
[S 742/2014 wef 13/11/2014]
Filing of documents
3A.
—(1)  The Registrar may refuse to accept or process any document filed at the Registry which is not filed using the electronic online system that fails to comply with the Act.
[S 556/2005 wef 01/09/2005]
(2)  Every document filed at the Registry shall —
(a)
be in English; or
(b)
where the document is not in English, be accompanied by an English translation of the document.
(3)  Every document filed at the Registry shall —
(a)
be filed using durable paper; and
(b)
be in writing that is legible and permanent.
(4)  Where the Registrar refuses to accept any document that does not comply with paragraph (2) or (3), the Registrar shall give the applicant a notice stating the manner in which the document does not comply with paragraph (2) or (3), as the case may be.
(5)  Where any document filed at the Registry is a copy, the Registrar may —
(a)
decide whether to accept or process the document; and
(b)
require the original to be filed with the Registry.
(6)  The Registrar may require the filing of a hard copy of any document filed using the electronic online system.
[S 556/2005 wef 01/09/2005]
[S 778/2004 wef 01/01/2005]
Forms
4.
—(1)  The Registrar shall publish on the Office’s Internet website at http://www.ipos.gov.sg the forms to be used for any purpose relating to the registration of a design or any other proceedings before the Registrar under the Act.
[S 742/2014 wef 13/11/2014]
(2)  Any form may be modified on the direction of the Registrar —
(a)
for use in a case other than the case for which it is intended; or
(b)
for carrying out any transaction by means of the electronic online system.
[S 556/2005 wef 01/09/2005]
(3)  Any reference in these Rules to a numbered form shall be construed as a reference to the current version of the form which bears the corresponding number and is described in the Second Schedule.
[S 742/2014 wef 13/11/2014]
(4)  The matters referred to in the Act, including sections 11, 14(1), 15(1), 27(5), 28(1) and 35(2) of the Act, shall be filed with, made to or given to, the Registrar, or done in an effective and efficient manner by means which may be specified by the Registrar by the issuance of practice directions.
[S 742/2014 wef 13/11/2014]
Size of documents
4A.  Subject to any directions that may be given by the Registrar, all forms, notices and other documents required or authorised by the Act to be given or sent to, filed with or served on the Registrar, other than by means of the electronic online system, shall be given, sent, filed or served using A4 size paper.
[S 778/2004 wef 01/01/2005]
[S 556/2005 wef 01/09/2005]
Practice directions
4AA.  All practice directions issued by the Registrar under the Act or these Rules shall be published by the Registrar on the Office’s Internet website at http://www.ipos.gov.sg.
[S 742/2014 wef 13/11/2014]
Signature on documents
5.
—(1)  A document to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by —
(a)
all the partners;
(b)
any partner stating that he signs on behalf of the partnership; or
(c)
any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the partnership.
(2)  A document to be signed for or on behalf of a body corporate shall be signed by a director, the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the body corporate.
(3)  A document to be signed by or on behalf of an unincorporated body or association of persons may be signed by any person who appears to the Registrar to be qualified to so sign.
Service of documents
6.
—(1)  Where the Act or these Rules authorise or require any document to be given or sent to, filed with or served on the Registrar or Registry, the giving, sending, filing or service may be effected on the Registrar or Registry —
(a)
by sending the document by post;
(b)
where there is no fee payable to the Registrar or Registry for the giving, sending, filing or service of the document, by sending the document by facsimile transmission;
(c)
by sending an electronic communication of the document using the electronic online system; or
(d)
by hand.
[S 742/2014 wef 13/11/2014]
(2)  Where the Act or these Rules authorise or require any document to be given or sent to or served on any party other than the Registrar or Registry, the giving, sending or service may be effected on that party by sending the document by post.
[S 742/2014 wef 13/11/2014]
(3)  Where the Act or these Rules authorise or require any notice or other document to be given or sent to or served on any party by the Registrar or Registry, the Registrar or Registry may effect the giving, sending or service on the party —
(a)
by sending the notice or other document by post;
(b)
by sending the notice or other document by facsimile transmission; or
(c)
by sending an electronic communication of the notice or other document using the electronic online system.
[S 742/2014 wef 13/11/2014]
(4)  Where any notice or other document is sent by post under paragraph (2) or (3), the giving, sending or service, as the case may be, of the notice or other document shall, until the contrary is proved, be treated as having been effected at the time at which the notice or document would have been delivered in the ordinary course of post.
[S 742/2014 wef 13/11/2014]
(5)  For the purposes of paragraphs (2) and (3), a notice or other document is sent to a party by post if the notice or other document is sent by pre-paid post to the party at his address for service referred to in rule 7 or 8.
[S 742/2014 wef 13/11/2014]
(6)  Where any person has attempted to send any document by facsimile transmission under paragraph (1) —
(a)
if any part or all of the document received by the Registrar or Registry is illegible or if any part of the document is not received by the Registrar or Registry, the document shall be treated as not having been submitted; and
[S 742/2014 wef 13/11/2014]
(b)
the burden of proving the legibility and completeness of the document lies with the person who has attempted to send the document.
[S 742/2014 wef 13/11/2014]
(c)
[Deleted by S 742/2014 wef 13/11/2014]
(d)
[Deleted by S 742/2014 wef 13/11/2014]
(6A)  Notwithstanding the availability of an address for service filed in accordance with rule 7, where any notice or other document to be given, sent or served by the Registrar or Registry is sent to a person by electronic communication using the electronic online system under paragraph (3)(c), that notice or document shall be taken to have been duly given, sent to or served on the person.
[S 742/2014 wef 13/11/2014]
(7)  Paragraph (1)(b) shall not apply to the filing of evidence by way of a statutory declaration under rule 42(1), 43(1) or 44(1).
[S 556/2005 wef 01/09/2005]
(8)  This rule shall not apply to notices and documents to be served in proceedings in court.
[S 742/2014 wef 13/11/2014]
Address for service
7.
—(1)  For the purposes of any proceedings before the Registrar, an address for service in Singapore shall be filed in accordance with paragraph (2) or (5) by or on behalf of —
(a)
every applicant for the registration of a design;
(b)
every person applying to the Registrar under section 27 of the Act for the revocation of the registration of a design;
(c)
every person granted leave to intervene under rule 49C;
(d)
every owner of a registered design which is the subject of an application to the Registrar for the revocation of the registration of the design; and
(e)
every other party to any proceedings before the Registrar.
(2)  Where the application for a matter requires an address for service in Singapore to be furnished, the address for service in Singapore shall be furnished on the form filed for the matter.
(3)  The filing of an address for service in accordance with paragraph (2) shall be effective only for the matter for which the form is filed.
(4)  Notwithstanding paragraph (3) —
(a)
where an applicant for the registration of a grant of a licence, the amendment of a licence or the termination of a licence furnishes an address for service in Form CM6 in relation to that licence, the address for service shall be effective for the purposes of all proceedings in respect of that licence;
(b)
where an applicant for the registration of a grant of any security interest, the amendment of any security interest or the termination of any security interest furnishes an address for service in Form CM7 in relation to that security interest, the address for service shall be effective for the purposes of all proceedings in respect of that security interest;
(c)
where an applicant for the registration of a change in the ownership of a registered design furnishes an address for service in Form CM8, the address for service may, at the option of the applicant, be effective —
(i)
for the purposes of all proceedings in respect of the design, including the application for the registration of the design; or
(ii)
only for the purposes of the registration of the change in the ownership of the registered design, in which case the applicant must furnish another address for service for all other proceedings in respect of the design, including the application for the registration of the design, on a separate Form CM8;
(d)
where an applicant for the registration of a design furnishes an address for service in Form D3, the address for service shall be effective for the purposes of all proceedings in respect of the design in relation to which that form is filed;
(e)
where a registered owner who files a counter‑statement under rule 41 furnishes an address for service in Form HC6, the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed and any related proceedings under Part VIIA;
(f)
where an applicant for the revocation of the registration of a design furnishes an address for service in Form D13, the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed and any related proceedings under Part VIIA;
(g)
where an applicant for any of the following, furnishes an address for service in Form D8, the address for service shall be effective for the purposes of the proceedings in relation to which that form is filed:
(i)
an application for an extension of the period of registration of a design under section 21 of, or paragraph 3(6) of the Schedule to, the Act;
(ii)
an application for the restoration of the registration of a design which was removed from the Register;
(h)
subject to sub‑paragraph (e), the address for service of an applicant for the registration of a design shall, upon the registration of the design, be the address for service of that party as the owner of the design, unless —
(i)
the Registrar is notified of a change in the address for service in accordance with paragraph (7); or
(ii)
the Registrar is notified of an assignment of a registered design or any right in it referred to in rule 37(1)(b), in accordance with rule 37;
(i)
where a person referred to in paragraph (1)(c) furnishes an address for service in Form CM1, the address for service shall be effective for the purposes of an application under rule 49C for leave to intervene in relation to which that form is filed and any related proceedings under Part VIIA;
(j)
where a party referred to in paragraph (1)(e) furnishes an address for service in Form CM1, the address for service shall be effective for the purposes of any proceedings before the Registrar in relation to which that form is filed and any related proceedings under Part VIIA; and
(k)
the Registrar may treat the trade or business address in Singapore of a person as his address for service, unless a different address for service is provided under paragraph (1) or (7).
(5)  In a case where paragraphs (2) and (4) do not apply, the address for service shall be furnished in writing.
(6)  Where an address for service is not filed as required by paragraph (1), the Registrar may send to the person concerned notice to file an address for service within 2 months after the date of the notice, and if that person fails to do so —
(a)
in the case of an applicant or person referred to in paragraph (1)(a) or (b), the application made by the applicant or person shall be treated as withdrawn;
(b)
in the case of a person referred to in paragraph (1)(c), the person shall be treated as having withdrawn the person’s intervention;
(c)
in the case of the owner of a registered design referred to in paragraph (1)(d), the owner shall not be permitted to take part in any proceedings relating to the application for the revocation of the registration of the design; and
(d)
in the case of a party referred to in paragraph (1)(e), the party shall not be permitted to take part in the proceedings in question.
(7)  Where a person referred to in paragraph (1) has changed his address for service in Singapore, he shall notify the Registrar of such change in Form CM2.
(8)  Anything sent to or served on a person at his address for service shall be taken to have been duly sent to or served on the person.
[S 742/2014 wef 13/11/2014]
Agents
8.
—(1)  The Registrar may, in dealing with any matter under the Act or these Rules in respect of which a person has been authorised to act as an agent on behalf of another, require the personal signature or presence of either the agent or his principal.
[S 742/2014 wef 13/11/2014]
(2)  The Registrar may, by notice in writing sent to an agent, require the agent to produce evidence of his authority.
(3)  Where an agent has been appointed by a person for any application or proceedings, the agent’s address for service in Singapore shall be treated as the address for service of that person.
[S 742/2014 wef 13/11/2014]
(4)  The appointment of an agent for a matter shall be notified to the Registrar in the form for that matter.
[S 742/2014 wef 13/11/2014]
(5)  The following shall be notified to the Registrar in Form CM1:
(a)
any appointment of an agent for a matter for which no form is prescribed;
(b)
any change of an agent for a matter.
[S 742/2014 wef 13/11/2014]
(6)  Where an agent who has changed his name desires to change his name appearing on the Register, the agent shall apply for the name appearing on the Register to be changed by filing Form CM2 with the Registrar.
[S 742/2014 wef 13/11/2014]
(7)  Where an agent for a party to any proceedings intends to cease to act on the party’s behalf —
(a)
the agent shall file, and serve on the party and on the Registrar, a notice in Form CM1 of the intention to cease to act on the party’s behalf; and
(b)
upon complying with sub‑paragraph (a), the agent shall cease to be the agent for the party.
[S 742/2014 wef 13/11/2014]
PART II
REGISTRATION OF DESIGNS
Division 1 — Registrability of Designs
Designs excluded from registration
9.  The Registrar shall refuse to register a design intended to be applied to any of the following articles:
(a)
works of sculpture (other than casts or models used or intended to be used as models or patterns to be multiplied by any industrial process);
(b)
wall plaques, medals and medallions;
(c)
printed matter primarily of a literary or artistic character, including book jackets, calendars, certificates, coupons, dress-making patterns, greeting cards, labels, leaflets, maps, plans, playing cards, postcards, stamps, trade advertisements, trade forms and cards, transfers and similar articles.
Registration of design consisting of arms, etc.
10.
—(1)  Where a representation of the name, initials, armorial bearings, insignia, orders of chivalry, decorations, flags or devices of any state, settlement, city, borough, town, place, society, body corporate, government body, statutory board, institution or person appears on a design which is the subject of an application for registration, the Registrar may, before proceeding to register the design, require the applicant to furnish the Registrar with the consent to the registration and use of the matter in question of such official or other person as appears to the Registrar to be entitled to give consent.
(2)  The Registrar shall refuse to register the design if no such consent is furnished within the time specified by the Registrar.
Persons living or recently dead
11.
—(1)  Where the name or representation of any person appears on a design which is the subject of an application for registration, the Registrar may, before proceeding to register the design, require the applicant to furnish the Registrar with the consent of the person or, in the case of a person recently dead, of his legal representatives.
(2)  Where such consent is not furnished within the time specified by the Registrar and the applicant fails to satisfy the Registrar that it is impossible or impracticable in the circumstances of the case to obtain the consent, the Registrar shall refuse to register the design.
Industrial application of designs
12.
—(1)  For the purposes of section 9 of the Act, on or after 30 October 2017 but before 30 October 2018, a design is to be regarded as having been applied industrially in relation to articles, if —
(a)
the design is applied to one or more articles (not being hand‑made articles) that are manufactured in lengths; or
(b)
the design is applied to more than 50 articles, no 2 or more of which are part of the same set of articles.
(2)  For the purposes of section 9 of the Act, on or after 30 October 2018, a design is to be regarded as having been applied industrially in relation to articles, if —
(a)
the design is applied to one or more articles (not being hand‑made articles) that are manufactured in lengths or in pieces;
(b)
the design is applied to more than 50 articles, no 2 or more of which are part of the same set of articles; or
(c)
all of the following apply:
(i)
the design is applied to articles and non‑physical products;
(ii)
the total of the number of those articles, and the number of those non‑physical products that can be projected simultaneously by one or more activated devices for projecting non‑physical products, is more than 50;
(iii)
no 2 or more of those articles and non‑physical products are part of any of the following:
(A)
the same set of articles;
(B)
the same set of non‑physical products;
(C)
the same set of articles and non‑physical products.
(3)  For the purposes of section 9 of the Act, on or after 30 October 2018, a design is to be regarded as having been applied industrially in relation to non‑physical products or devices for projecting non‑physical products, if —
(a)
all of the following apply:
(i)
the design is applied to non‑physical products;
(ii)
more than 50 of those non‑physical products can be projected simultaneously by one or more activated devices for projecting non‑physical products;
(iii)
no 2 or more of those non‑physical products are part of the same set of non‑physical products; or
(b)
all of the following apply:
(i)
the design is applied to articles and non‑physical products;
(ii)
the total of the number of those articles, and the number of those non‑physical products that can be projected simultaneously by one or more activated devices for projecting non‑physical products, is more than 50;
(iii)
no 2 or more of those articles and non‑physical products are part of any of the following:
(A)
the same set of articles;
(B)
the same set of non‑physical products;
(C)
the same set of articles and non‑physical products.
(4)  For the purposes of paragraphs (1), (2) and (3), the date on which the design is applied to an article or a non‑physical product is irrelevant.
Division 2 — Application for Registration
Application for registration of design
13.  An application for the registration of a design under section 11 of the Act shall be made in Form D3 (referred to in this Division as the application form).
Representations of design
14. —(1A)  [Deleted by S 574/2017 wef 30/10/2017]
(1)  The Registrar may issue practice directions to indicate, for each design in an application for registration —
(a)
the maximum number of different views of the design that may be filed as representations of the design; and
(b)
the dimensions of each view.
(2)  The representation of a design or, where there is more than one view filed as representation of a design, the representation of each view of the design shall be in the form of a drawing or photograph that is suitable for reproduction.
[S 778/2004 wef 01/01/2005]
(3)  Where the application is made for the registration of a design intended to be applied to a set of articles, the representation shall show the design as applied to each different article in the set.
(4)  Where the application is made for the registration of a design intended to be applied to a set of non‑physical products, the representation must show the design as applied to each different non‑physical product in the set.
(5)  Where the application is made for the registration of a design intended to be applied to a set of articles and non‑physical products, the representation must show the design as applied to each different article and each different non‑physical product in the set.
Statement of novelty
15.
—(1)  The application form must contain, for each design, a statement describing the features of the design that the applicant considers to be new.
(2)  Paragraph (1) does not apply to any features of pattern or ornament to be applied to any textile article, wallpaper or similar wall covering, lace or set of textile articles or lace.
Prescribed case under section 5(3) of Act
16.  The Registrar may exercise his power under section 5(3) of the Act in a case where a request under section 15 of the Act for amendment of an application for registration of a design has been approved and, in the opinion of the Registrar, the amendment has the effect of significantly altering the design for which the application was initially filed.
Statement relating to disclosure of design
17.
—(1)  If the applicant claims that section 8, 8A or 8B of the Act applies in relation to any design in his application, he shall include in the application form a statement to that effect.
(2)  The statement shall —
(a)
identify —
(i)
each design mentioned in paragraph (1); and
(ii)
the provision of section 8, 8A or 8B of the Act that applies in relation to that design;
(b)
describe the circumstances under which the disclosure of the design was made, including the relevant date; and
(c)
if the applicant claims that section 8(2) of the Act applies in relation to the application, the name and opening date of the exhibition, the place it is held, and the date of the first disclosure of the design.
(3)  The applicant may file additional information or documents in support of his claim.
Statement relating to previous registration of design in respect of other articles or non‑physical products, etc.
18.
—(1)  If the applicant claims that section 10 of the Act applies in relation to any design in his application, he shall include in the application form a statement to that effect.
(2)  The statement shall include such details of the previous registration or, as the case may be, the previous application for registration of the design as the Registrar may require.
(3)  The applicant may file additional information or documents in support of his claim.
Claim to priority
19.
—(1)  If an applicant claims a right of priority in relation to any design in the application by reason of an application for registration of a design (referred to in this rule as the priority application) filed —
(a)
in a Convention country under section 12 of the Act; or
(b)
in another country or territory in respect of which provision corresponding to that set out in section 12 of the Act is made under section 13 of the Act,
particulars of that claim shall be included in the application form at the time of filing the application form.
[S 778/2004 wef 01/01/2005]
(2)  The particulars referred to in paragraph (1) are —
(a)
the country or territory in which —
(i)
the priority application; or
(ii)
where there is more than one priority application, each priority application,
was filed;
(b)
the date on which —
(i)
the priority application; or
(ii)
where there is more than one priority application, each priority application,
was filed;
(c)
the classification of each article or non‑physical product to which the design is intended to be applied;
(d)
where the right of priority is claimed in respect of one or more, but not all, of the articles or non‑physical products for which registration was sought in the priority application, the articles or non‑physical products in respect of which the right of priority is claimed; and
(e)
where the right of priority is claimed through more than one priority application, the articles or non‑physical products in respect of which the right of priority is claimed through each priority application.
[S 778/2004 wef 01/01/2005]
(2A)  The Registrar may at any time require the applicant to file a certificate by the registering or other competent authority of the country or territory concerned certifying or verifying to the satisfaction of the Registrar —
(a)
the date of filing of the priority application;
(b)
the country or territory of the registering or other competent authority;
(c)
the representation of the design; and
(d)
the articles or non‑physical products covered by the priority application.
[S 778/2004 wef 01/01/2005]
(3)  Where the certificate referred to in paragraph (2A) is not in the English language, there shall be annexed to the certificate a translation in English of the contents of the certificate, certified or verified to the satisfaction of the Registrar.
[S 778/2004 wef 01/01/2005]
Samples
20.
—(1)  Where any design in an application for registration is a 2‑dimensional design intended to be applied to a textile article, the application may be accompanied by a sample of the article.
(2)  The sample of the article shall not exceed such size or weight as the Registrar may specify.
(3)  The Registrar may, in his discretion, refuse the acceptance of any sample of article.
Specimens
21.  Unless the Registrar otherwise requires, no specimen shall be filed.
Multiple designs in one application
22.  For the purposes of section 11(4)(b) of the Act, the other requirements that an application for the registration of 2 or more designs must comply with are as follows:
(a)
the registration of all of those designs must be applied for at the time of filing the application form;
(b)
the application is for the registration of not more than 50 designs.
Withdrawal of application
23.  A notice of withdrawal of an application for registration of a design referred to in section 14 of the Act shall be in Form CM9.
[S 742/2014 wef 13/11/2014]
Amendment of application
24.
—(1)  Subject to paragraph (2), a request under section 15 of the Act to amend an application for registration of a design shall be made in Form D5.
[S 778/2004 wef 01/01/2005]
(2)  A request to amend the particulars relating to the name or address of an applicant in an application for registration of a design shall be made in Form CM2.
[S 778/2004 wef 01/01/2005]
[S 742/2014 wef 13/11/2014]
Reinstatement of application, right or thing
25.
—(1)  Any person whose —
(a)
application is treated as withdrawn; or
(b)
right has been abrogated, or thing has ceased to be in force or to exist, by reason that he has failed to comply with any procedural requirement in any proceedings or other matter before the Registrar within the time limit under the Act or specified by the Registrar for complying with that requirement,
may request for the reinstatement of the application, right or thing, as the case may be, in accordance with paragraphs (2), (3) and (4).
(2)  A request for the reinstatement of any application, right or thing referred to in paragraph (1) —
(a)
shall be made in Form CM13 and filed with the Registrar within 6 months after the date the application was treated as withdrawn, the right was abrogated or the thing ceased to be in force or to exist, as the case may be;
(b)
shall not be made unless —
(i)
the omission which led to the application being treated as withdrawn was unintentional; or
(ii)
the failure to comply with a time limit which led to —
(A)
the right being abrogated; or
(B)
the thing ceasing to be in force or to exist,
was unintentional; and
(c)
where the omission, or the failure to comply with a time limit, relates to the filing of any document or thing, shall be accompanied by that document or thing not filed or not filed on time, as the case may be.
(3)  Subject to paragraph (4), where a request is filed under paragraph (2), the Registrar shall allow the reinstatement unless there is a good and sufficient reason to refuse the request.
(4)  The Registrar shall not allow the reinstatement unless paragraph (2) is complied with.
(5)  Paragraphs (1) to (4) do not allow the reinstatement of —
(a)
any application for the registration of a design which has been withdrawn under section 14 of the Act; or
(b)
any application which is treated as withdrawn, any right which has been abrogated or any thing which has ceased to be in force or to exist by reason of —
(i)
a failure to comply with the time limit for —
(B)
any act under —
(BA)
section 27 of the Act or Part VI of these Rules; or
(BB)
section 27 of the Act and Part VI of these Rules, read with rule 12 of the Registered Designs (International Registration) Rules 2005 (G.N. No. S 177/2005),
in any proceedings for the revocation of the registration of a design;
(C)
the filing of a request under paragraph (2);
(D)
the filing of Form HC5 under rule 27(8)(a); or
(E)
an application for a hearing to make representations in relation to a written notice given by the Registrar that the formal requirements for registration under rule 27 are not met; or
(ii)
a failure to pay the fee for the extension of the period of registration of a design under rule 35(2) or the restoration of the registration of a design under rule 35C.
[S 742/2014 wef 13/11/2014]
Division 3 — Miscellaneous
Classification
26.  For the purposes of the registration of a design, each article, non‑physical product or set of articles and non‑physical products to which the design is intended to be applied is to be classified in accordance with any practice directions that the Registrar may issue under this rule.