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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 Classification of Articles

FOURTH SCHEDULE Scale of Costs

Legislative History

 
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On 17/08/2017, you requested the version in force on 17/08/2017 incorporating all amendments published on or before 17/08/2017. The closest version currently available is that of 01/04/2017.
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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]
“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, a design is applied industrially if —
(a)
more than 50 reproductions in 3 dimensions are made of it for the purposes of sale or hire;
(b)
it is reproduced in 3 dimensions in one or more articles manufactured in lengths for the purposes of sale or hire; or
(c)
it is reproduced as a plate which has been used to produce —
(i)
more than 50 reproductions of an object in 3 dimensions for the purposes of sale or hire; or
(ii)
in 3 dimensions one or more articles manufactured in lengths for the purposes of sale or hire.
[S 742/2014 wef 13/11/2014]
(2)  For the purposes of paragraph (1), 2 or more reproductions in 3 dimensions which are of the same general character and intended for use together are a single reproduction.
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)  The Registrar may issue practice directions to indicate —
(a)
the maximum number of different views of the design that may be filed as representations of the design;
(b)
the dimensions of each view; and
(c)
the number of sets of representations that shall accompany an application for the registration of a design.
[S 556/2005 wef 01/09/2005]
[S 778/2004 wef 01/01/2005]
(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.
Statement of novelty
15.
—(1)  A statement describing the features of the design which the applicant considers to be new shall appear on the application form.
(2)  Paragraph (1) shall not apply in the case of an application for registration of the pattern or ornament of a design to be applied to a textile article, wallpaper or similar wall covering, lace or sets 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 confidential disclosure
17.
—(1)  If the applicant claims that section 8 of the Act applies in relation to his application, he shall include in the application form a statement to that effect.
(2)  The statement shall —
(a)
identify the provision of section 8 of the Act that applies in relation to the application;
(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, etc.
18.
—(1)  If the applicant claims that section 10 of the Act applies in relation to 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 a right of priority is claimed 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 the article to which the design is intended to be applied in accordance with the Third Schedule;
(d)
where the right of priority is claimed in respect of one or more, but not all, of the articles for which registration was sought in the priority application, the articles 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 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 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)  An application for registration of a 2-dimensional design intended to be applied to a textile article 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 applications
22.  Two or more designs may be the subject of the same application for registration if the designs relate to —
(a)
the same class and subclass of articles as classified in accordance with the Third Schedule; or
(b)
the same set of articles.
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 —
(A)
an application under rule 15(3) of the Registered Designs (International Registration) Rules 2005 (G.N. No. S 177/2005) for the registration of a design;
(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,
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.
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Division 3 — Miscellaneous
Classification
26.  For the purposes of the registration of designs, articles shall be classified in accordance with the Third Schedule.
Formal requirements
27.
—(1)  The requirements under rules 10, 11, 13, 14, 15, 17, 18 and 19 shall be formal requirements for the purposes of sections 16, 17 and 18 of the Act.
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(2)  If, in the course of an examination of an application for registration, it appears to the Registrar that the formal requirements for registration are not met, the Registrar shall give a written notice of this to the applicant.
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(3)  If, within 3 months after the date of the written notice of the Registrar, the applicant fails to —
(a)
make representations in writing;
(b)
apply to the Registrar in Form HC4 for a hearing; or
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(c)
apply to correct the non-compliance,
the application shall be treated as withdrawn.
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(4)  If the applicant wishes to have an extension of time to do any act referred to in paragraph (3)(a), (b) or (c), he shall file with the Registrar a request for extension in Form CM5 before the expiry of the period of 3 months or any extended period previously allowed by the Registrar.
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(5)  Where the applicant has applied to the Registrar in Form HC4 for a hearing, the Registrar shall give notice to the applicant of a date on which the Registrar will hear the applicant’s arguments.
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(6)  For the purposes of the hearing, the applicant shall file with the Registrar his written submissions and bundle of authorities at least 14 days before the date of the hearing.
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(7)  The decision of the Registrar, in respect of the representations of the applicant given either during the hearing or in writing, shall be communicated to the applicant in writing or in such other manner as the Registrar thinks fit.
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(8)  Where the applicant wishes to have the Registrar’s grounds of decision —
(a)
the applicant shall, within one month after the date of the Registrar’s decision, file a request in Form HC5 for the Registrar to state the Registrar’s grounds of decision; and
(b)
the Registrar shall, within 2 months after the date of the request, send the grounds of decision to the applicant.
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(9)  The date on which the Registrar’s grounds of decision are sent to the applicant shall be deemed to be the date of the Registrar’s decision for the purpose of an appeal.
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Publication of notice of registration
28.  The notice of registration of a design to be published in the Designs Journal under section 18(d) of the Act shall contain the following particulars:
(a)
the date of registration;
(b)
the priority date, if any, accorded pursuant to a claim to a right to priority under section 12 or 13 of the Act and the name of the country or territory concerned;
(c)
the name, address and address for service of the registered owner;
(d)
the article in respect of which the design is registered, including its classification number as set out in the Third Schedule;
(e)
the registration number;
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(f)
a representation of the design;
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(g)
the statement of novelty relating to the design;
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(h)
such other information as the Registrar thinks fit.
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Deferment of publication
28A.
—(1)  An applicant may, when applying for the registration of a design in Form D3, request in that form that any publication of the design be deferred for 18 months.
(2)  A request made under paragraph (1) shall be accompanied by the applicable fee specified in the First Schedule.
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Designs relevant for defence purposes
29.  Where the Registrar gives a direction under section 29(1) of the Act in respect of any application for registration of a design, the representation of the design and any evidence filed in support of the application shall not be open to public inspection in the Registry during the continuance in force of the direction.
Information and inspection of documents
30.
—(1)  A request under section 28 of the Act for information, or for permission to inspect any document, relating to a registered design which has been published under section 18 of the Act, shall be made in Form CM10 and shall be accompanied by the applicable fee set out in the First Schedule.
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(2)  Subject to sections 28 and 29 of the Act and paragraphs (3) and (4), the Registrar shall permit the inspection of such document as may be specified in the request.
(3)  The person making a request to inspect any document must file such evidence as the Registrar considers sufficient to prove that —
(a)
the owner consents to the inspection; or
(b)
section 28 of the Act applies in respect of the request.
(4)  The Registrar may refuse a request to inspect any of the following documents:
(a)
any document prepared by the Registrar solely for use by the Registrar and officers of the Registry;
(b)
any document given to or filed with the Registrar, whether at his request or otherwise, for inspection and subsequent return to the sender;
(c)
a copy of any request referred to in paragraph (1);
(d)
any document issued or given by the Registrar which the Registrar considers should be treated as confidential;
(e)
any document the contents of which, in the Registrar’s opinion, disparages any person in a way likely to damage him;
(f)
any document given or sent to or filed with the Registrar before 13th November 2000.
PART III
REGISTER
Entry in Register of particulars of registered design
31.  There shall be entered in the Register in respect of each registered design the following particulars:
(a)
the date of registration;
(b)
the priority date, if any, accorded pursuant to a claim to a right to priority under section 12 or 13 of the Act and the name of the country or territory concerned;
(c)
the name, address and address for service of the owner;
(d)
the article in respect of which the design is registered, including its classification number in accordance with the Third Schedule;
(e)
the registration number;
(f)
the representations relating to the design;
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(g)
the statement of novelty relating to the design;
(h)
particulars of registrable transactions (if any) under section 34 of the Act affecting the design;
(i)
if applicable, a statement that the design has been registered by virtue of section 9 or 10 of the Act;
(j)
such other particulars as the Registrar considers appropriate.
Certificates and copies
32.  An application under section 55(3) of the Act for —
(a)
a certified copy of an entry in the Register; or
(b)
a certified extract from the Register,
shall be made in Form CM12.
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General certificates by Registrar
32A.
—(1)  Any person who desires to obtain a certificate referred to in section 72 of the Act in relation to any entry, matter or thing which the Registrar is authorised to make or do under the Act or these Rules may make a request to the Registrar in writing.
(2)  Before giving the certificate, the Registrar may require the person to furnish evidence to show that he has an interest in the entry, matter or thing.
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Correction of Register
33.
—(1)  Subject to paragraph (2), a request under section 57 of the Act for the correction of any clerical error in the Register shall be made in Form CM4.
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(2)  A request to correct the particulars in the Register relating to the name or address of the applicant shall be made in Form CM2.
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PART IV
EXTENSION OF PERIOD OF REGISTRATION OF DESIGN
Reminder to extend period of registration
34.
—(1)  The Registrar shall, not earlier than 6 months nor later than one month before the end of the current period of registration of a design, give to the registered owner written notice of the imminent expiry of the period and the manner in which it may be extended.
(2)  Paragraph (1) shall not apply if an application for extension of the current period of registration has already been made.
(3)  Paragraph (1) shall not apply to the extension of the period of registration of a relevant design upon the expiry of its initial period of registration.
Application to extend period of registration
35.
—(1)  An application to extend the period of registration of a design shall be made in Form D8.
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(2)  The application to extend the period of registration of a design shall not be made —
(a)
earlier than 6 months before; or
(b)
later than 6 months after,
the date of expiry of the current period of registration of the design.
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(3)  Where an application to extend the period of registration of a design is made within 6 months after the date of expiry of the current period of registration, the application for extension in Form D8 shall be accompanied by the payment of the prescribed late fee.
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Notice of non-compliance
35A.
—(1)  If, in the course of an examination of an application to extend the period of registration of a design, it appears to the Registrar that the application is not in order, the Registrar shall give written notice of this to the applicant.
(2)  If the applicant fails to —
(a)
respond in writing to the Registrar on the notice; or
(b)
comply with any requisition of the Registrar set out in the notice,
within the time specified in the notice, the Registrar may treat the application as having been withdrawn.
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(3)  [Deleted by S 742/2014 wef 13/11/2014]
Removal of registered design from Register
35B.  The Registrar may remove a registered design from the Register if —
(a)
no application for the extension of the period of registration of the design is filed in accordance with rule 35;
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(b)
where an application for the extension of the period of registration of the design is filed in accordance with rule 35, the applicant —
(i)
fails to comply with any direction of the Registrar relating to the extension; or
(ii)
notifies the Registrar that he wishes to withdraw or abandon the application; or
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(c)
no application for the restoration of the design is filed in accordance with rule 35C.
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Restoration of registration
35C.
—(1)  A person may apply to restore a design which has been removed, on or after 13 November 2014, from the Register under rule 35B by —
(a)
filing an application with the Registrar in Form D8 within 6 months after the last day of the first 6‑month period after the date on which the design is removed from the Register; and
(b)
paying the fees for the restoration of the design and the extension of the period of registration of the design after the design is restored.
(2)  The Registrar may, in any case, require the applicant for restoration to furnish such additional evidence or information, by statutory declaration or otherwise, as the Registrar thinks fit, within such time as the Registrar may specify.
(3)  The Registrar may restore the design to the Register and renew the registration of the design if he is satisfied that it is just to do so, and upon such conditions as he may think fit to impose.
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PART V
REGISTRABLE TRANSACTIONS
Particulars of transactions to be entered in Register
36.  For the purposes of section 34 of the Act, the prescribed particulars of a registrable transaction to be entered in the Register are —
(a)
in the case of an assignment of a registered design or any right in it —
(i)
the name and address of the subsequent owner;
(ii)
the date of the assignment; and
(iii)
where the assignment is in respect of any right in the design, a description of the right assigned;
(b)
in the case of the grant of a licence for the use of a design —
(i)
the name and address of the licensee;
(ii)
where the licence is an exclusive licence, that fact;
(iii)
where the licence is limited, a description of the limitation; and
(iv)
the duration of the licence if the same is, or is ascertainable as, a definite period;
(c)
in the case of the grant of any security interest over a registered design or any right in it —
(i)
the name and address of the grantee;
(ii)
the nature of the interest (i.e. whether fixed or floating); and
(iii)
the extent of the security and the right in the design secured;
(d)
in the case of the making by personal representatives of an assent in relation to a registered design or any right in it —
(i)
the name and address of the person in whom the design or any right in it vests by virtue of an assent; and
(ii)
the date of the assent; and
(e)
in the case of an order of the Court or other competent authority transferring a registered design or any right in it —
(i)
the name and address of the transferee;
(ii)
the date of the order; and
(iii)
where the transfer is in respect of a right in the design, a description of the right transferred,
and in each of the cases, there shall be entered in the Register the date on which the entry is made.
Application for registration of particulars of transactions
37.
—(1)  An application —
(a)
to register the particulars of a registrable transaction or to amend any particular of a registrable transaction, under section 34 of the Act; or
(b)
to give notice to the Registrar of the particulars of a transaction under section 35 of the Act,
shall be made —
(i)
in the case of the grant, amendment or termination of a licence, in Form CM6;
(ii)
in the case of the grant, amendment or termination of any security interest, in Form CM7; or
(iii)
in any other case, in Form CM8.
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(2)  The application shall —
(a)
where the transaction is an assignment, be signed by or on behalf of all the parties to the assignment;
(b)
where the transaction is the grant of a licence or sub-licence, be signed by the grantor of the licence or sub-licence;
(c)
where the transaction is the grant of a security interest, be signed by the grantor of the security interest;
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(ca)
where the transaction is the making by a personal representative of an assent in relation to a registered design or any right in it, be signed by or on behalf of both the personal representative and the beneficiary; or
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(cb)
[Deleted by S 742/2014 wef 13/11/2014]
(d)
where the transaction is a transaction referred to in sub-paragraph (a), (b), (c) or (ca), but the application is not signed in accordance with that sub-paragraph, be accompanied by such evidence as the Registrar considers to be sufficient proof of the transaction.
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be accompanied by such evidence as the Registrar considers to be sufficient proof of the transaction.
(2AA)  Where an application under paragraph (2) is filed by means of the electronic online system, the application shall be authorised by all relevant parties and be validated by such means as the Registrar considers fit.
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(2A)  The Registrar shall refuse to accept an application under paragraph (1) if paragraph (2) or (2AA) is not complied with and, in such event, the Registrar may require a fresh application to be made.
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(2B)  [Deleted by S 742/2014 wef 13/11/2014]
(3)  The Registrar may require the applicant to furnish such other document, instrument or information in support of the application as the Registrar thinks fit within such time as the Registrar may specify.
[S 778/2004 wef 01/01/2005]
(3A)  [Deleted by S 742/2014 wef 13/11/2014]
(3B)  [Deleted by S 742/2014 wef 13/11/2014]
(4)  [Deleted by S 742/2014 wef 13/11/2014]
38.  [Deleted by S 742/2014 wef 13/11/2014]
PART VI
SURRENDER AND REVOCATION OF REGISTRATION OF DESIGN
Notice of surrender of registration
39.
—(1)  The surrender of the registration of a design under section 26 of the Act shall be made by filing with the Registrar a notice in Form CM3.
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(2)  The surrender shall not be effective unless the registered owner —
(a)
states in the notice the articles in respect of which the design is surrendered; and
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(b)
[Deleted by S 742/2014 wef 13/11/2014]
(c)
certifies in the notice, in respect of every person having an interest in the design, that the person —
(i)
has been given not less than 3 months’ notice of the registered owner’s intention to surrender the registration; and
(ii)
is not affected by the surrender or, if affected, has no objection to the surrender.
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(3)  The surrender shall take effect upon receipt by the Registrar of a notice that complies with paragraphs (1) and (2).
(4)  A surrender of the registration of a design in respect of any article has the same effect as the registration of the design ceasing to have effect in respect of that article.
Application for revocation
40.
—(1)  An application under section 27 of the Act to the Registrar for revocation of the registration of a design shall be made in Form D13.
(2)  The application shall be accompanied by a statement of the grounds on which the application is made.
(3)  The applicant shall serve a copy each of the application and the statement on the registered owner of the design at the time he files these documents with the Registrar.
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(4)  If the applicant does not comply with paragraph (3), his application shall be treated as not having been filed.
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Counter-statement
41.
—(1)  If the registered owner wishes to respond to an application under rule 40, he shall, within 2 months after the date he receives the copies of the application and the statement, file with the Registrar a counter-statement in Form HC6 setting out fully —
(a)
the grounds on which he relies as supporting his registration; and
(b)
the facts alleged in the application which he admits, if any.
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(2)  The registered owner shall serve a copy of the counter-statement on the applicant at the time the counter-statement is filed with the Registrar.
(3)  A request for an extension of time to file the counter‑statement shall be made by the registered owner to the Registrar in Form HC3 within 2 months after the date of receipt of the copies of the application and the statement.
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(4)  The total extension of time for which the Registrar may allow the registered owner to file the counter-statement shall not exceed 4 months after the date of receipt by the registered owner of the copies of the application and the statement.
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(5)  Before making a request for an extension of time, the registered owner shall serve on the applicant and every other person likely to be affected by the extension a notice containing —
(a)
a statement of the registered owner’s intention to request for the extension, the period of extension requested for and the reason for the extension;