Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 39 (2) (a) of the Act, the formalities check is confirmation, by the Registrar, that:
(a) the design application is in the approved form; and
(b) the design application meets the requirements of regulation 11.18; and
(c) the design application identifies the product or products in relation to which the design is sought to be registered sufficiently to enable each product to be classified in accordance with the Locarno Agreement; and
(d) for a design application mentioned in subsection 23 (2) of the Act -- the design application identifies the design number that was allocated to the excluded design in the initial application ; and
(e) if a specimen is filed as a representation of the design -- the specimen is of a kind that:
(i) can be readily mounted in a flat position by affixing it to a paper of the size required under paragraph 1 (1) (e) of Schedule 2; and
(ii) can be stored without damage to other documents; and
(iii) when mounted, is presented in a way that allows any number of copies of the specimen to be reproduced directly by photocopying, digital scanning, microfilming and photography; and
(f) the design application includes 5 copies of each representation of the design; and
(g) the design application complies substantially with the formal requirements set out in Schedule 2.
Note For a design application in respect of a design excluded from certain transitional applications, see also regulation 12.03.
(2) If the Registrar is not satisfied with the matter mentioned in paragraph (1) (e), the Registrar may, in giving a notice under section 41 of the Act, require the applicant to file another representation that complies with the paragraph.