DESIGNS REGULATIONS 2004 - REG 4.05 Formalities check--applications in respect of more than 1 design

DESIGNS REGULATIONS 2004 - REG 4.05

  (1)   For paragraph   40(2)(c) of the Act, the formalities check is confirmation, by the Registrar, that:

  (a)   the design application is in the approved form; and

  (aa)   the design application does not contain any scandalous matter or matter that might reasonably be taken to be scandalous; and

  (b)   the design application meets the requirements of regulation   11.18; and

  (c)   the design application identifies, for each design, 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 a design--the specimen is of a kind that:

  (i)   can be readily mounted in a flat position by affixing it to a paper of international sheet size A4; 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 at least one representation of each design disclosed in the application; and

  (g)   the number of designs disclosed in the design application is the number of designs identified, by the applicant, as being separate designs disclosed in the application.

Note:   For a design application in respect of a design excluded from certain transitional applications, see also regulation   12.03.

  (2)   If the applicant has requested registration of some, but not all, of the designs disclosed in the design application, the formalities check is confirmation, by the Registrar, that the matters specified in subregulation   (1) are satisfied in relation to the part or parts of the application relating to the design or designs covered by the request.

  (3)   If the Registrar is not satisfied with the matter mentioned in paragraph   (1)(e), the Registrar may, in giving a notification under section   41 of the Act, require the applicant to file another representation that complies with the paragraph.