Statutory Instruments
DESIGNS
Made
9th May 1988
Laid before Parliament
17th May 1988
Coming into force
rules 1(1), 2 and 4
9th June 1988
rules 1(2) and 3
23rd June 1988
The Secretary of State, in exercise of the powers conferred by sections 36 and 40 of the Registered Designs Act 1949(1) and now vested in him(2), after consultation with the Council on Tribunals pursuant to section 10(1) of the Tribunals and Inquiries Act 1971(3) and with the consent of the Treasury pursuant to the said section 40, hereby makes the following Rules:
1.-(1) These Rules may be cited as the Registered Designs (Fees) Rules 1988 and shall come into operation as respects rules 1(1), 2 and 4 on 9th June 1988 and as respects rules 1(2) and 3 on 23rd June 1988.
(2) The Registered Designs (Fees) Rules 1986(4) are hereby revoked.
2. These Rules shall be construed as one with the Designs Rules 1984(5).
3. The fees to be paid in respect of any matters arising under the Registered Designs Act 1949 shall be those specified in the Schedule to these Rules; and in any case where a form specified in the Schedule as the corresponding form in relation to any matter is required by the Designs Rules 1984 to be used, that form shall be accompanied by the fee specified in respect of that matter.
4. Where on or after 9th June 1988 but before 23rd June 1988 an application is made for an extension of the period of copyright in any registered design in respect of which the period of copyright is due to expire on or after 23rd June 1988, the fee payable on such application shall be that which would be payable if the application were made on or after 23rd June 1988 and rules 1(2) and 3 above had come into operation.
John Butcher
Department of Trade and Industry
5th May 1988
We consent to the making of these Rules.
Michael Neubert
Mark Lennox-Boyd
Two of the Lords Commissioners of Her Majesty's Treasury
9th May 1988
Rule 3
Subject or Proceeding | Amount | Corresponding Form |
---|---|---|
£ | ||
1. On application to register one design to be applied to a single article made of lace or a design of checks or stripes to be applied to a single textile article ... ... ... ... | 12 | Designs No. 2 (or 3A if application made under section 14) |
2. On application to register one design to be applied to a single article not falling within item 1 ... ... ... ... | 44 | Designs No. 2 (or 3A if application made under section 14) |
3. On application to register one design to be applied to a set of articles made of lace or a design of checks or stripes to be applied to a set of textile articles ... ... ... ... | 19 | Designs No. 3A |
4. On application to register one design to be applied to a set of articles not falling within item 3 ... ... ... ... | 81 | Designs No. 3A |
5. On application for a copy of certificate of registration ... ... ... ... | 5 | Designs No. 6 |
6. On application to Registrar to state grounds of decision and materials used under Rule 31 ... ... ... ... | 53 | Designs No. 7 |
7. On request for enlargement of time to complete an application for registration of a design:- | ||
Not exceeding one month ... ... ... ... | 12 | Designs No. 8 |
Not exceeding two months ... ... ... ... | 24 | Designs No. 8 |
Not exceeding three months ... ... ... ... | 36 | Designs No. 8 |
8. On application for extension of copyright under section 8(2) for second period ... ... ... ... | 100 | Designs No. 9 |
9. On application for extension of copyright under section 8(2) for third period ... ... ... ... | 150 | Designs No. 10 |
10. On request for enlargement of time for payment of fee for extension of copyright:- | ||
Not exceeding one month ... ... ... ... | 12 | Designs No. 11 |
Not exceeding two months ... ... ... ... | 24 | Designs No. 11 |
Not exceeding three months ... ... ... ... | 36 | Designs No. 11 |
Not exceeding four months ... ... ... ... | 48 | Designs No. 11 |
Not exceeding five months ... ... ... ... | 60 | Designs No. 11 |
Not exceeding six months ... ... ... ... | 72 | Designs No. 11 |
11. On application to enter subsequent proprietorship, etc. under Rule 38 made within six months from date of acquisition of proprietorship, etc:- | ||
In respect of one design ... ... ... ... | 13 | Designs No. 12 or 13 |
Made after six but within twelve months from the date of acquisition of proprietorship, etc:- | ||
In respect of one design ... ... ... ... | 25 | Designs No. 12 or 13 |
Made after expiration of twelve months from the date of acquisition of proprietorship, etc:- | ||
In respect of one design ... ... ... ... | 43 | Designs No. 12 or 13 |
On application covering more than one design, for each additional design similarly acquired ... ... ... ... | 3 | - |
12. On application for entry of notification of document in the register made within six months of date of document:- | ||
In respect of one design ... ... ... ... | 13 | Designs No. 14 |
Made after six months but within twelve months of date of document:- | ||
In respect of one design ... ... ... ... | 25 | Designs No. 14 |
Made after expiration of twelve months from date of document:- | ||
In respect of one design ... ... ... ... | 43 | Designs No. 14 |
On application covering more than one design, for each additional design referred to in the same document as the first design ... ... ... ... | 3 | - |
13. On application of mortgagee, licensee, or other person for entry that he no longer claims such interest:- | ||
In respect of each design ... ... ... ... | 3 | Designs No. 15 |
14. On application by registered proprietor to alter name, address or address for service in the register:- | ||
In respect of each design ... ... ... ... | 3 | Designs No. 16 |
15. On request under section 21 to correct error ... ... ... ... | 18 | Designs No. 18 |
On a request covering more than one design, the error being the same as with the first design, for each additional design ... ... ... ... | 3 | Designs No. 18 |
16. On application by proprietor for cancellation ... ... ... ... | - | Designs No. 19 |
17. On request for search under section 23 when registration number is supplied ... ... ... ... | 4 | Designs No. 20 |
18. On request for search under section 23 when registration number is not supplied ... ... ... ... | 19 | Designs No. 21 |
19. On request for certificate of Registrar for use in obtaining registration in a country or territory outside the United Kingdom and the Isle of Man or for use in legal proceedings or other special purpose ... ... ... ... | 7 | Designs No. 23 |
20. On application for compulsory licence under section 10 ... ... ... ... | 24 | Designs No. 25 |
21. On application for cancellation of registration under section 11(2) ... ... ... ... | 24 | Designs No. 26 |
22. On notice that hearing of an application for cancellation or compulsory licence will be attended ... ... ... ... | - | Designs No. 27 |
23. On application for entry of Order of Court in register ... ... ... ... | - | Designs No. 28 |
24. Inspection of register or design where inspection is permitted other than inspection under the second paragraph of section 22(2) ... ... ... ... | 2 | - |
25. For certifying Office copies ... ... ... ... | 3 | - |
(This note is not part of the Rules)
These Rules revoke and replace the Registered Designs (Fees) Rules 1986. The fees payable on forms Designs Nos. 2, 3A (in some circumstances), 9, 10 and 23 are increased with effect from 23rd June 1988, except in the case of fees paid in advance for the extension of the period of copyright in a design for any period beginning on or after 23rd June 1988, which are increased with effect from 9th June 1988. The fee payable on form Designs No. 27 is abolished. It is estimated that the total amount of fees collected per annum at the new levels will be 3.5% greater than the amount collected per annum at the existing levels.