WIPO Lex

Registered Designs Rules (Revised Edition 2002, as amended up to Registered Designs (Amendment) Rules 2014)

Registered Designs Act

(Chapter 266, Section 74)

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]

“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”;

(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.

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(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.

(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.

(a) 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;

(b) the Registrar’s directions relating to the use of any form; and

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(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.

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(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.

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(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.

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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

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;

(d) by hand.

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(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.

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(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

online system.

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(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.

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(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.

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(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

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(b) the burden of proving the legibility and completeness of the document lies with the person

who has attempted to send the document.

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(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.

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(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).

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(8) This rule shall not apply to notices and documents to be served in proceedings in court.

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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;

(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;

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 filed in

Form CM2.

(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;

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.

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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.

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(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.

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(4) The appointment of an agent for a matter shall be notified to the Registrar in the form for that

matter.

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(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.

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(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.

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(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;

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

(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.

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(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

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

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.

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(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;

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.

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(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;

(d) the articles covered by the priority application.

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(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.

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.

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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]

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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

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;

(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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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.

[S 778/2004 wef 01/01/2005]

[S 742/2014 wef 13/11/2014]

(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.

[S 742/2014 wef 13/11/2014]

(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.

[S 778/2004 wef 01/01/2005]

(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.

[S 778/2004 wef 01/01/2005]

(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.

[S 742/2014 wef 13/11/2014]

(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.

[S 778/2004 wef 01/01/2005]

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;

(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;

[S 742/2014 wef 13/11/2014]

(f) a representation of the design;

[S 742/2014 wef 13/11/2014]

(g) the statement of novelty relating to the design;

[S 742/2014 wef 13/11/2014]

(h) such other information as the Registrar thinks fit.

[S 742/2014 wef 13/11/2014]

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.

[S 742/2014 wef 13/11/2014]

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.

[S 742/2014 wef 13/11/2014]

(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;

(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

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;

(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;

[S 742/2014 wef 13/11/2014]

(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.

[S 742/2014 wef 13/11/2014]

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.

[S 742/2014 wef 13/11/2014]

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.

[S 778/2004 wef 01/01/2005]

[S 742/2014 wef 13/11/2014]

(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.

[S 778/2004 wef 01/01/2005]

[S 742/2014 wef 13/11/2014]

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.

[S 742/2014 wef 13/11/2014]

(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.

[S 778/2004 wef 01/01/2005]

(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.

[S 778/2004 wef 01/01/2005]

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.

(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;

[S 742/2014 wef 13/11/2014]

(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

[S 778/2004 wef 01/01/2005]

[S 742/2014 wef 13/11/2014]

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.

[S 742/2014 wef 13/11/2014]

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;

(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.

[S 742/2014 wef 13/11/2014]

(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;

security interest;

[S 742/2014 wef 13/11/2014]

(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

[S 778/2004 wef 01/01/2005]

[S 742/2014 wef 13/11/2014]

(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.

[S 778/2004 wef 01/01/2005]

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.

[S 742/2014 wef 13/11/2014]

(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.

[S 778/2004 wef 01/01/2005]

[S 742/2014 wef 13/11/2014]

(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.

(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.

[S 742/2014 wef 13/11/2014]

(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

[S 742/2014 wef 13/11/2014]

(b) [Deleted by S 742/2014 wef 13/11/2014]

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.

[S 742/2014 wef 13/11/2014]

(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.

[S 778/2004 wef 01/01/2005]

(4) If the applicant does not comply with paragraph (3), his application shall be treated as not having

been filed.

[S 742/2014 wef 13/11/2014]

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.

[S 742/2014 wef 13/11/2014]

(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.

[S 742/2014 wef 13/11/2014]

(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.

[S 742/2014 wef 13/11/2014]

(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; and

(b) a request for the consent in writing of the applicant or other person likely to be affected by

the extension.

(6) The request for the extension shall be supported by —

(a) a copy of the notice referred to in paragraph (5); and

(b) the consent in writing of the applicant and of every other person likely to be affected by the

extension, if given.

(7) The Registrar may refuse to grant the extension if the registered owner —

(a) fails to show a good and sufficient reason for the extension; or

(b) fails to show to the Registrar’s satisfaction that the notice referred to in paragraph (5) has

been served on the applicant and every other person likely to be affected by the extension.

(8) Where a person on whom a notice referred to in paragraph (5) is served fails or refuses to give his

consent in writing to the extension within 2 weeks after the date of the notice, the Registrar may, if he is

satisfied that a good and sufficient reason has been shown for the extension, grant the extension

without having to conduct a hearing in accordance with rule 52A.

[S 742/2014 wef 13/11/2014]

(8A) The Registrar shall grant the application where no counter-statement has been filed or served on

the applicant within the time allowed.

[S 742/2014 wef 13/11/2014]

(9) This rule and rules 42 to 48 shall not apply in any case where the Registrar refers the application to

the Court for determination under section 27(4) of the Act.

[S 778/2004 wef 01/01/2005]

Evidence in support of application

42.—(1) Within 3 months after the date the applicant receives the counter-statement from the

registered owner, the applicant shall file with the Registrar such evidence by way of a statutory

declaration as he may desire to adduce in support of his application and shall, at the same time, serve

on the registered owner a copy of that evidence.

[S 778/2004 wef 01/01/2005]

[S 742/2014 wef 13/11/2014]

(2) If the applicant does not file or serve any evidence in accordance with paragraph (1), the application

shall, unless the Registrar otherwise directs, be treated as withdrawn.

[S 742/2014 wef 13/11/2014]

Evidence in support of registration

43.—(1) Within 3 months after the date of receipt by the registered owner of the copy of the

applicant’s evidence referred to in rule 42, the registered owner shall file with the Registrar such

evidence by way of a statutory declaration as the registered owner may desire to adduce in support of

his registration and shall, at the same time, serve on the applicant a copy of that evidence.

[S 742/2014 wef 13/11/2014]

(2) If the registered owner does not file or serve any evidence in accordance with paragraph (1), he

shall, unless the Registrar otherwise directs, be deemed to have admitted to the facts alleged by the

applicant in his application for revocation.

[S 742/2014 wef 13/11/2014]

Evidence in reply

44.—(1) Within 3 months after the date the applicant receives the copy of the registered owner’s

evidence referred to in rule 43, the applicant may file with the Registrar evidence in reply by way of a

statutory declaration and shall, at the same time, serve on the registered owner a copy of that evidence.

[S 778/2004 wef 01/01/2005]

[S 742/2014 wef 13/11/2014]

(2) [Deleted by S 778/2004 wef 01/01/2005]

(3) Evidence in reply shall be confined to matters strictly in reply to the registered owner’s evidence.

Further evidence

45. No further evidence may be filed by any party except that, in any proceedings before the Registrar,

the Registrar may at any time, if he thinks fit, give leave or direction to either party to file further

evidence upon such terms as to costs or otherwise as the Registrar may think fit.

Directions on subsequent procedure

46. The Registrar may give such directions as he thinks fit with regard to the subsequent procedure

relating to an application for revocation referred to in rule 40.

Exhibits

47.—(1) Where there are exhibits to any evidence filed under rule 40, 41, 42, 43, 44 or 45, the party

who is relying on the exhibits in support of his case shall send a copy of each exhibit to that other party.

[S 742/2014 wef 13/11/2014]

(2) If such copy cannot be conveniently furnished, the original shall be filed with the Registrar in order

that it may be open to inspection.

(3) The original exhibits shall be produced at the revocation hearing unless the Registrar otherwise

directs.

Pre-hearing review

47A.—(1) At any time after the completion of the filing of evidence by the parties, the Registrar may

direct the parties to attend a pre-hearing review at which he may give such directions as he considers

necessary or desirable for securing the just, expeditious and economical disposal of the proceedings.

(2) At the pre-hearing review, the Registrar may consider any matter including the possibility of

settlement of all or any of the issues in the proceedings and may require the parties to furnish him with

such information as he may require.

(3) If any party fails to comply with any direction given or requirement imposed under paragraph (1) or

(2), the Registrar may —

(a) where that direction was given or requirement was imposed in relation to any application or

proceedings initiated by that party, dismiss the application or proceedings, as the case may be;

(b) make such other order as the Registrar thinks fit.

[S 742/2014 wef 13/11/2014]

(4) Any direction or order by the Registrar may be set aside or varied by him on such terms as he thinks

fit.

(5) If, during or pursuant to a pre-hearing review, the parties are agreeable to a settlement of all or

some of the matters in dispute in any application or proceedings, the Registrar may —

(a) give his decision in relation to the application or proceedings; or

(b) make such order as he thinks just to give effect to the settlement.

[S 742/2014 wef 13/11/2014]

(6) If any party does not appear at a pre-hearing review, the Registrar may —

(a) where the pre-hearing review pertains to any application or proceedings initiated by that

party, dismiss the application or proceedings, as the case may be;

(b) make such other order as the Registrar thinks fit; or

[S 742/2014 wef 13/11/2014]

(7) An order made by the Registrar in the absence of a party may be set aside by the Registrar, on the

application of that party, on such terms as the Registrar thinks fit.

[S 778/2004 wef 01/01/2005]

Revocation hearing

48.—(1) Upon completion of the filing of evidence by the parties, the Registrar shall give notice to the

parties of a date on which he will hear arguments on the case.

(2) The parties shall file with the Registrar their written submissions and bundles of authorities at least

one month before the date of hearing, and shall at the same time exchange with one another their

respective written submissions and bundles of authorities.

(3) Any party who intends to appear at the hearing shall file with the Registrar Form HC1 before the

hearing.

[S 742/2014 wef 13/11/2014]

(4) Any party who does not file with the Registrar Form HC1 before the hearing may be treated as not

desiring to be heard, and the Registrar may proceed with the hearing in the absence of that party or

may, without proceeding with the hearing, give his decision or dismiss the proceedings, or make such

other order as he thinks fit.

[S 742/2014 wef 13/11/2014]

(5) If, after filing with the Registrar Form HC1, a party does not appear at the hearing, the Registrar may

proceed with the hearing in the absence of that party, or may, without proceeding with the hearing, give

his decision or dismiss the proceedings, or make such other order as he thinks fit.

[S 742/2014 wef 13/11/2014]

(6) Where the Registrar gives his decision under paragraph (4) or (5) in relation to the proceedings,

whether the hearing was proceeded with or not, rule 49 shall apply.

[S 742/2014 wef 13/11/2014]

(7) If neither party appears at the hearing, the Registrar may dismiss the proceedings.

[S 742/2014 wef 13/11/2014]

(8) Upon making any decision or order under paragraph (4) or (5) or dismissing any proceedings under

paragraph (4), (5) or (7), the Registrar shall notify every party of the decision, order or dismissal, as the

case may be, in writing.

[S 742/2014 wef 13/11/2014]

(9) Any decision or order made by the Registrar under paragraph (4) or (5) in the absence of any party

may, on the application of that party, be set aside by the Registrar on such terms as the Registrar thinks

fit.

[S 742/2014 wef 13/11/2014]

(10) Any proceedings dismissed under paragraph (4), (5) or (7) may, on the application of any party, be

restored on the direction of the Registrar.

[S 742/2014 wef 13/11/2014]

(11) An application under paragraph (9) or (10) shall be made within 14 days after the date of the

Registrar’s notification under paragraph (8).

[S 742/2014 wef 13/11/2014]

Notice of decision

49.—(1) Subject to paragraph (2), the Registrar shall inform the parties of his decision and the grounds

of the decision —

(a) in any case where the duration of the hearing is one day or less, within 3 months after the

date of the hearing; or

(b) in any other case, within 3 months after the last day of the hearing.

(2) Where the Registrar grants leave to one or more parties to file closing submissions on a date which

is after the last day of the hearing, he shall inform all parties of his decision and the grounds of the

decision within 3 months after the date of filing of those submissions.

[S 742/2014 wef 13/11/2014]

Extension of time in revocation proceedings

49A. Where any extension of time is granted to any party, the Registrar may, if he thinks fit, without

giving the party a hearing, grant a reasonable extension of time to the other party in which to take any

subsequent step.

[S 778/2004 wef 01/01/2005]

Costs in uncontested revocations

49B. Where a revocation is uncontested by the registered owner, the Registrar shall, in deciding

whether costs should be awarded to the applicant, consider whether proceedings might have been

avoided if reasonable notice had been given by the applicant to the registered owner before the

application for revocation was filed.

[S 778/2004 wef 01/01/2005]

Intervention by third parties

49C.—(1) Any person, other than the registered owner, claiming to have an interest in a registered

design which is the subject of an application for revocation under rule 40 may apply to the Registrar in

writing for leave to intervene.

(2) The Registrar may, after hearing the parties concerned if he has so required —

(a) refuse leave to intervene; or

(b) grant leave to intervene upon such terms (including any undertaking as to costs) as he thinks

fit.

(3) Any person granted leave to intervene shall, subject to the terms and conditions imposed in respect

of the intervention, be treated as a party to the proceedings in question.

[S 778/2004 wef 01/01/2005]

Reference to Court

50. Where the Registrar receives an application for revocation under rule 40 and decides to refer the

application to the Court for determination, the Registrar shall forthwith serve a copy of the reference to

the Court on the applicant and the registered owner of the design.

Service on Registrar of applications to Court

51. Where application to the Court is made under section 27 of the Act for the revocation of the

registration of a design, the applicant shall forthwith send a copy of the application to the Registrar.

PART VII

EVIDENCE AND PROCEDURE

Registrar’s discretionary powers

52. Without prejudice to any of the provisions of the Act or these Rules requiring the Registrar to hear

any party to proceedings under the Act or these Rules, or to give such party an opportunity to be heard,

the Registrar shall, before exercising any discretionary power vested in him by or under the Act or these

Rules adversely to any party to a proceeding before him, give that party an opportunity to be heard.

[S 742/2014 wef 13/11/2014]

Request for hearing

52A.—(1) A request for the exercise of the discretionary power of the Registrar under rule 52 in ex

parte proceedings, whether interlocutory or otherwise —

(a) shall be made in Form HC4; and

(b) shall be filed within one month after —

(i) the date of notification by the Registrar of any objection to an application; or

(ii) the date of any other indication that the Registrar proposes to exercise a

discretionary power,

and the Registrar may refuse to hear any party who has not filed the request within the time

allowed.

(2) Upon receipt of a request under paragraph (1), the Registrar shall send to the person making the

request a notice of a time when the person may be heard, which shall be not less than 14 days after the

date of the notice.

(3) A request for the exercise of the discretionary powers of the Registrar under rule 52 in inter partes

interlocutory proceedings shall be made to the Registrar in writing.

(4) A person shall, at the time he makes a request under paragraph (3), serve on every other party to

the proceedings a copy of the request.

(5) Except as provided in paragraph (1) or (3), no request shall be made for the exercise of the

discretionary powers of the Registrar under rule 52.

(6) The Registrar may give such directions as he may think fit with regard to any aspect of the procedure

for a hearing under this rule.

(7) After hearing each party, the Registrar shall notify every party of the Registrar’s decision in relation

to the exercise of the discretionary power.

(8) Where any party wishes to have the Registrar’s grounds of decision in respect of a request under

paragraph (1) —

(a) the party shall, within one month after the date of the Registrar’s decision, by filing

Form HC5, request 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 party.

(9) The date on which the Registrar’s grounds of decision are sent to the party making the request

under paragraph (8)(a) shall be deemed to be the date of the Registrar’s decision for the purpose of an

appeal.

(10) In paragraph (9), “Registrar’s decision” means any decision referred to in section 62(1) of the Act.

[S 742/2014 wef 13/11/2014]

Hearing before Registrar to be in public

53. The hearing before the Registrar of any dispute between 2 or more parties relating to any matter

under the Act shall be in public unless the Registrar, after consultation with those parties who appear in

person or are represented at the hearing, otherwise directs.

Evidence in proceedings before Registrar

54.—(1) In any proceedings before the Registrar under the Act, evidence shall be given by way of a

statutory declaration, unless otherwise provided by the Act or directed by the Registrar.

(1A) Subject to the provisions of the Oaths and Declarations Act (Cap. 211) and these Rules, Order 41 of

the Rules of Court (Cap. 322, R 5) shall, with the necessary modifications, apply in relation to a statutory

declaration filed or used in any proceedings before the Registrar as it applies to an affidavit filed or used

in any proceedings before the Court.

[S 778/2004 wef 01/01/2005]

(2) Any such statutory declaration may, in the case of an appeal to the Court, be used before the Court

in lieu of evidence by affidavit, and if so used, shall have all the incidents and consequences of evidence

by affidavit.

(3) The Registrar may in any particular case take oral evidence in lieu of or in addition to a statutory

declaration and shall, unless he otherwise directs, allow any witness to be cross-examined on his

statutory declaration or oral evidence.

(4) [Deleted by S 778/2004 wef 01/01/2005]

Statutory declarations

55. Any statutory declaration filed under these Rules, or used in any proceedings under the Act, shall be

made and subscribed as follows:

(a) in Singapore, before any justice of the peace, or any commissioner for oaths or other officer

authorised by law to administer an oath for the purpose of any legal proceedings;

(b) in any other part of the Commonwealth, before any court, judge, justice of the peace, notary

public or any officer authorised by law to administer an oath for the purpose of any legal

proceedings; and

Singapore Consul, or before a notary public, judge or magistrate.

Notice of seal of officer taking declaration

56. Any document purporting to have affixed, impressed or subscribed thereto or thereon the seal or

signature of any person authorised by rule 55 to take a declaration may be admitted by the Registrar

without proof of the genuineness of the seal or signature or of the official character of the person or his

authority to take the declaration.

PART VIIA

COSTS

Application for costs

56A.—(1) For the purposes of section 56 of the Act, a party to proceedings before the Registrar who

desires to obtain costs shall apply to the Registrar for an award of costs in relation to the proceedings —

(a) during the proceedings; or

(b) within one month after —

(i) the day on which the Registrar makes a decision in the proceedings that ends those

proceedings; or

(ii) the date of the Registrar’s notice to the party that the proceedings have been

withdrawn, discontinued or dismissed,

as the case may be.

[S 742/2014 wef 13/11/2014]

(2) Before awarding costs in respect of the proceedings, the Registrar shall give each party to the

proceedings an opportunity to be heard in relation to the award of costs.

Taxation of costs

56B.—(1) Where the Registrar has awarded party and party costs to a party to proceedings before the

Registrar and the party wishes to have the costs taxed by the Registrar, the party shall, within one

month after the relevant date referred to in paragraph (1A) —

(a) apply for the costs to be taxed by filing a copy of the bill of costs with the Registrar; and

(b) send at the same time a copy of the bill of costs to every other person having an interest in

the taxation proceedings.

[S 742/2014 wef 13/11/2014]

(1A) For the purposes of paragraph (1), the relevant date is —

(a) subject to sub-paragraph (b), the date of the order for costs made by the Registrar; or

(b) where any appeal is brought in respect of that order for costs, the date on which that appeal

is finally disposed of.

[S 742/2014 wef 13/11/2014]

(2) Every bill of costs shall set out in 3 separate sections the following:

(a) work done in the cause or matter (other than for or in the taxation of costs);

(b) work done for or in the taxation of costs;

[S 742/2014 wef 13/11/2014]

(2A) The costs claimed under paragraph (2)(a), (b) and (c) shall set out the sum claimed for each item.

[S 742/2014 wef 13/11/2014]

(2B) The bill of costs shall set out in chronological order, with dates, all relevant events in the cause or

matter, all relevant events in the taxation of costs, and all relevant events relating to the making of

disbursements.

[S 742/2014 wef 13/11/2014]

(3) Where costs have already been awarded for any of the items set out in the bill of costs, this fact and

the amount awarded shall be indicated.

(4) Any party on whom a copy of the bill of costs has been served in accordance with paragraph (1)

shall, if he wishes to dispute the bill or any part thereof, within one month after the receipt of the copy

of the bill, mark the copy in accordance with paragraph (5) and send copies of the marked copy to the

Registrar and the party requesting for taxation.

[S 742/2014 wef 13/11/2014]

(5) The marking of a copy of a bill of costs shall be effected by writing on the right hand margin against

each item the word “Agree” if the party concerned agrees with the costs claimed for that item, or the

word “Disagree” if the party concerned disagrees with the costs claimed for that item.

(6) Upon expiry of the period referred to in paragraph (4), the Registrar shall give to the parties having

an interest in the taxation proceedings notice of the date and time appointed for taxation.

Taxation proceedings

56C.—(1) If any party entitled to be heard in any taxation proceedings does not attend at the time

appointed for taxation, the Registrar may proceed with the taxation.

(2) The Registrar may, if he thinks it necessary to do so, adjourn the proceedings.

Scale of costs

56D.—(1) The provisions in the Fourth Schedule shall apply to the sections of the bill of costs relating

to —

(a) work done in the cause or matter (other than for or in the taxation of costs); and

(b) work done for or in the taxation of costs.

[S 742/2014 wef 13/11/2014]

(2) Costs awarded in these proceedings are not intended to compensate the parties for the expense to

which they may have been put.

Certificate

56E. When a bill of costs has been taxed, the party who applied for the costs to be taxed shall file

Form HC2, and the Registrar shall proceed to make his certificate for the amount of the taxed costs.

[S 742/2014 wef 13/11/2014]

PART VIII

EXTENSION OF TIME

Request for extension of time

57.—(1) Any period of time —

(a) prescribed by these Rules; or

(b) specified by the Registrar for doing any act or taking any proceedings,

may, at the request of the person or party concerned, be extended by the Registrar by such period and

upon such terms as the Registrar considers fit.

[S 742/2014 wef 13/11/2014]

(2) Before making a request for an extension of time, the person seeking the extension shall serve on

every person or party likely to be affected by the extension a notice containing —

(a) a statement of his intention to request for the extension, the period of extension requested

for, and the reason for the extension; and

(b) a request for the consent in writing of the person or party likely to be affected by the

extension.

[S 778/2004 wef 01/01/2005]

(3) A request under paragraph (1) shall be made in Form CM5 or Form HC3, as appropriate, before the

expiry of the period of time in question, and shall be accompanied by —

(a) a copy of the notice referred to in paragraph (2);

(b) each written consent, if any, that has been given pursuant to a request under

paragraph (2)(b); and

[S 742/2014 wef 13/11/2014]

(4) The Registrar may refuse to grant the extension if the person seeking the extension —

(a) fails to show a good and sufficient reason for the extension; or

(b) fails to show to the Registrar’s satisfaction that the notice referred to in paragraph (2) has

been served on every person or party likely to be affected by the extension.

[S 778/2004 wef 01/01/2005]

(5) Where a person or party on whom a notice referred to in paragraph (2) is served fails or refuses to

give his consent to the extension within 2 weeks after the date of the notice, the Registrar may, if he is

satisfied that a good and sufficient reason has been shown for the extension, grant the extension

without having to conduct a hearing in accordance with rule 52A.

[S 778/2004 wef 01/01/2005]

[S 742/2014 wef 13/11/2014]

(6) Paragraphs (1) to (5) shall not apply to the following matters:

(a) the doing of the act referred to in rule 27(3)(b);

[S 742/2014 wef 13/11/2014]

(b) the making of an application to extend the period of the registration of a design under

rule 35;

[S 742/2014 wef 13/11/2014]

the Register under rule 35C(1);

[S 742/2014 wef 13/11/2014]

(d) the filing of a counter-statement to an application for revocation under rule 41;

[S 742/2014 wef 13/11/2014]

(e) the filing of a request for the Registrar’s grounds of decision under rule 27(8)(a) or 52A(8)(a).

[S 742/2014 wef 13/11/2014]

(7) This rule as in force immediately before 13 November 2014 shall continue to apply on or after that

date to any request made before that date under this rule for an extension of time.

[S 742/2014 wef 13/11/2014]

(8) Notwithstanding paragraph (7), any request made by a person or party concerned before 13

November 2014 under this rule as in force immediately before that date, for the extension of a

particular period of time (whether prescribed by these Rules or specified by the Registrar) for doing any

act or taking any proceedings, shall be taken into account for the purpose of determining the fee

payable under paragraph (3)(c) for any request for a further extension of that period made by that

person or party on or after that date under this rule.

[S 742/2014 wef 13/11/2014]

Where non-compliance with time caused by Registry

58.—(1) Where, by reason of an act or omission of any person employed in the Registry, an act or step

in relation to any application for the registration of a design or any other proceedings before the

Registrar, required to be done or taken within a period of time, has not been so done or taken, the

Registrar may, notwithstanding the provisions of these Rules, extend the period for doing the act or

taking the steps by such period as the Registrar considers fit.

(2) Notwithstanding the provisions of these Rules, the period of time for doing an act or taking a step

under paragraph (1) may be extended although the period has expired.

PART VIIIA

ELECTRONIC ONLINE SYSTEM

[S 556/2005 wef 01/09/2005]

Establishment of electronic online system

58A.—(1) There shall be established an electronic online system for the purposes of these Rules.

(2) The electronic online system may be used —

(a) by any person for giving, sending to, filing with or serving on the Registrar or Registry any document

(other than a notice or document to be served in proceedings in court); and

(b) by the Registrar or Registry for giving, sending to or serving on any person any notice or other

document (other than a notice or document to be served in proceedings in court).

[S 742/2014 wef 13/11/2014]

(3) The Registrar may issue practice directions specifying —

(a) the manner in which any document is to be given or sent to, filed with or served on the

Registrar or Registry under paragraph (2)(a);

(b) the manner in which the Registrar or Registry may give, send or serve any notice or

document under paragraph (2)(b);

system; and

(d) the manner in which the fee for filing any document through the electronic online system is

to be paid.

[S 742/2014 wef 13/11/2014]

58B. [Deleted by S 742/2014 wef 13/11/2014]

58C. [Deleted by S 742/2014 wef 13/11/2014]

58D. [Deleted by S 742/2014 wef 13/11/2014]

58E. [Deleted by S 742/2014 wef 13/11/2014]

Duty of person carrying out electronic filing

58F. A person shall only use the electronic online system in accordance with these Rules and any

practice directions issued by the Registrar.

Documents to be signed, made on oath, etc.

58G.—(1) Where any document to be given, sent, filed or served using the electronic online system is to

be signed or made on oath or by affirmation, it shall be signed, made on oath or affirmed in the usual

way on the original paper document.

(2) Where any document to be given, sent, filed or served using the electronic online system is to be

attested, it shall be attested in the usual way in which the original paper document is attested.

(3) The giving, sending, filing or service of such document using the electronic online system shall be

effected by sending a true and complete electronic image of the original paper document.

[S 742/2014 wef 13/11/2014]

Service bureau

58H. The Registrar may establish or appoint agents to establish one or more service bureaus to assist a

person in the use of the electronic online system for giving, sending to, filing with or serving on the

Registrar or Registry any document referred to in rule 58A(2)(a).

[S 742/2014 wef 13/11/2014]

PART IX

MISCELLANEOUS PROVISIONS

Hours of business and excluded days

59.—(1) Subject to paragraph (3), any business done under the Act —

(a) on any day after the hours of business of the Registry for that class of business; or

(b) on any day which is an excluded day for that class of business,

shall be taken to have been done on the next following day which is not an excluded day for that class of

business.

(2) Where the time for doing any business under the Act expires on an excluded day for the doing of

that class of business, that time shall be extended to the next following day which is not an excluded day

for the doing of that class of business.

(3) For the avoidance of doubt, where the time for carrying out any transaction referred to in

rule 58A(2) expires on an excluded day for the carrying out of that transaction, that time shall be

extended to the next following day which is not an excluded day for the carrying out of that transaction,

notwithstanding the availability of the electronic online system for the carrying out of that transaction.

[S 556/2005 wef 01/09/2005]

(4) Where, in carrying out any transaction referred to in rule 58A(2), a document —

(a) is transmitted to the Registry by means of the electronic online system; and

(b) is received, by the server of that system set up to receive such transmissions, at any time

before midnight on any day which is not an excluded day for the business of sending to or filing

with the Registry any document by means of that system,

that document shall be treated as sent to or filed with, and received by, the Registry at that time

and on that day.

[S 556/2005 wef 01/09/2005]

(5) For the purposes of paragraph (4), the document shall be treated as sent to or filed with, and

received by, the Registry if and only if the last byte of the transmission containing the document is

received by the server referred to in that paragraph.

[S 556/2005 wef 01/09/2005]

(6) Any person who sends or files a document by means of the electronic online system may produce a

record of transmission issued through that system as evidence of —

(a) the sending or filing of that document; and

(b) the date and time when the sending or filing took place.

[S 556/2005 wef 01/09/2005]

(7) Subject to paragraph (6) of rule 6, where a document referred to in that paragraph —

(a) is transmitted to the Registrar or Registry by means of facsimile transmission; and

(b) is received —

(i) by any facsimile machine designated by the Registry for the receipt of such

transmissions; and

(ii) at any time before midnight on any day which is not an excluded day for the business

of sending to or filing with the Registry that document by means of facsimile

transmission,

that document shall be treated as sent to or filed with, and received by, the Registry at that time

and on that day.

[S 556/2005 wef 01/09/2005]

(8) For the purposes of paragraph (7) —

(a) a document shall be treated as sent to or filed with, and received by, the Registry if and only

if all sheets comprising the complete document are received by the facsimile machine referred

to in that paragraph; and

(b) the date and time of receipt of the document, as recorded by the facsimile machine referred

to in that paragraph, shall, until the contrary is proved, be treated as the date and time when

the document was sent to or filed with, and received by, the Registry.

[S 556/2005 wef 01/09/2005]

(9) In the Act, “excluded day”, in relation to any specific class of business, means any day on which the

Registry shall be taken to be closed for the purposes of the transaction by the public of that class of

business.

[S 556/2005 wef 01/09/2005]

[S 778/2004 wef 01/01/2005]

Extension of period where interruption in postal service, etc.

60.—(1) Where, on any day, there is an interruption in —

(a) the postal service of Singapore;

(b) the operation of the Registry; or

[S 556/2005 wef 01/09/2005]

the Registrar may issue practice directions to declare that day as one on which there has been such an

interruption and, where any period of time specified in the Act for the giving, sending, filing or serving of

any notice, application or other document expires on a day so declared, the period shall be extended to

the first day next following (not being an excluded day) which is not so declared.

(2) If in any case the Registrar is satisfied that the failure to give, send, file or serve any notice,

application or other document within the period specified in the Act was wholly or mainly attributable

to a failure of or delay in the postal service of Singapore, the Registrar may, if he thinks fit and upon

such terms as he may direct, extend the period so that it ends on —

(a) the day of the receipt by the addressee of the notice, application or other document; or

(b) if the day of such receipt is an excluded day, on the first following day which is not an

excluded day.

(3) The Registrar shall give notice of an extension referred to in paragraph (2) to all parties to the

matter.

[S 778/2004 wef 01/01/2005]

Case management conference

60A.—(1) Notwithstanding anything in these Rules, at any stage of any application to or proceedings

before the Registrar, the Registrar may direct the applicant or parties to attend a case management

conference in order that the Registrar may make such order or give such direction as he thinks fit for the

just, expeditious and economical disposal of the matter.

[S 742/2014 wef 13/11/2014]

(2) At a case management conference, the Registrar may —

(a) consider any matter, including the possibility of settlement of any or all of the issues in the

application or proceedings; and

(b) direct the parties to furnish the Registrar with such information as the Registrar may require.

[S 742/2014 wef 13/11/2014]

(3) If any party fails to comply with any direction or order given under paragraph (1) or (2), the Registrar

may —

(a) where that direction or order was given in relation to any application or proceedings initiated

by that party, dismiss the application or proceedings, as the case may be; or

(b) make such other order as the Registrar thinks fit.

[S 742/2014 wef 13/11/2014]

(4) Any direction given or order made by the Registrar under paragraph (1), (2) or (3) may be set aside

or varied by the Registrar on such terms as the Registrar thinks fit.

[S 742/2014 wef 13/11/2014]

(5) If, during or pursuant to a case management conference, the parties are agreeable to a settlement

of all or some of the matters in dispute in any application or proceedings, the Registrar may —

(a) give the Registrar’s decision in relation to the application or proceedings; or

(b) make such order as the Registrar thinks just to give effect to the settlement.

[S 742/2014 wef 13/11/2014]

(6) If any party does not appear at a case management conference, the Registrar may —

(a) where the case management conference pertains to any application or proceedings initiated

by that party, dismiss the application or proceedings, as the case may be;

(b) make such other order as the Registrar thinks fit; or

[S 742/2014 wef 13/11/2014]

(7) An order made by the Registrar in the absence of a party under paragraph (6) may be set aside by

the Registrar, on the application of that party, on such terms as the Registrar thinks fit.

[S 742/2014 wef 13/11/2014]

(8) Any application or proceedings dismissed under paragraph (3) or (6) may, on application of any

party, be restored on the direction of the Registrar.

[S 742/2014 wef 13/11/2014]

Registrar’s power to require documents, information or evidence

60B. Notwithstanding anything in these Rules, at any stage of any application to or proceedings before

the Registrar, the Registrar may direct the applicant or any party to produce or file, within such period

as the Registrar may specify, any document, information or evidence which the Registrar may

reasonably require.

[S 778/2004 wef 01/01/2005]

60C. [Deleted by S 742/2014 wef 13/11/2014]

Application to Court

60D. A person who makes an application to the Court under the Act shall, as soon as practicable, file a

copy of the application with the Registrar.

[S 778/2004 wef 01/01/2005]

Publication and sale of documents

61. The Registrar may arrange for the publication and sale of documents by the Registry and of

information about such documents.

Order of Court and certificate of validity

62.—(1) Where an order is made by the Court or any other competent authority in any matter under

the Act, the person, or one of the persons, in whose favour the order is made shall, as soon as

practicable, file with the Registrar a copy of the order by way of a written request.

(2) If the order is to rectify or alter the Register, the Registrar shall rectify or alter the Register in

accordance with such order.

(3) Where the Court has certified, in accordance with section 43 of the Act, that a design has been

validly registered, the owner of the registered design may request the Registrar to include a notation in

the Register that such certificate has been given for the registered design by sending the following to

the Registrar:

(a) a written request;

(b) a copy of the certificate.

[S 742/2014 wef 13/11/2014]

Security for costs

63.—(1) If a party in any proceedings before the Registrar neither resides nor carries on business in

Singapore, the Registrar may require him to give security for costs in such form and amount as the

Registrar considers sufficient.

(2) If the Registrar requires any party making an application or request under these Rules to give

security for costs and the party fails to comply with the requirement of the Registrar, the Registrar may

treat the application or request as abandoned or withdrawn.

Transliteration and translation

64.—(1) Where any document given or sent to or filed with the Registrar, or any part of the document,

contains or consists of a word or words in characters other than Roman or in a language other than

English, it shall, unless the Registrar otherwise directs, be accompanied by —

(a) a translation and, if the case requires, a transliteration, of each word in English to the

satisfaction of the Registrar; and

(b) a statement as to the language to which each word belongs.

(2) The Registrar may at any time require a copy of the translation or transliteration, certified or verified

to the satisfaction of the Registrar, to be filed with the Registrar.

Correction of errors

65.—(1) A request by a person who has made an application (other than an application for registration

of a design) for the correction of a clerical error or mistake referred to in section 72A of the Act must be

made in Form CM4.

(2) For the purposes of paragraph (1), the correction must be clearly identified on a document filed

together with the form or on the form itself.

(3) The Registrar may call for such written explanation of the reasons for the request or evidence in

support of the request as the Registrar may require in order to be satisfied that there is an error or

mistake.

(4) Paragraph (1) shall not apply to the correction of an error of translation or transcription or of a

clerical error or mistake in —

(a) any document filed in inter partes proceedings under —

(i) any of rules 40 to 48; or

(ii) rule 49C, 52A(3) or (4), 56A, 56B, 56E or 57(1);

(b) any form filed under rule 52A(1) or (8); or

(5) A request for the correction of an error in respect of any proceedings referred to in paragraph (4)(a)

shall be made to the Registrar in writing.

[S 742/2014 wef 13/11/2014]

Irregularities

65A. Any irregularity in procedure which, in the opinion of the Registrar, is not detrimental to the

interests of any person or party may be corrected on such terms as the Registrar may direct.

[S 742/2014 wef 13/11/2014]

Application to change name or address

66.—(1) A request by any person to change his name appearing in the Register or any document given

or sent to or filed with the Registrar shall be made in Form CM2.

[S 742/2014 wef 13/11/2014]

(2) A request by any person to change his address or address for service appearing in the Register or

any document given or sent to or filed with the Registrar shall be made in Form CM2.

[S 742/2014 wef 13/11/2014]

(3) [Deleted by S 742/2014 wef 13/11/2014]

(4) If the Registrar is satisfied that any request to change any name or address may be allowed, the

Registrar shall amend the Register or document, as the case may be.

[S 742/2014 wef 13/11/2014]

Designs Journal

66A.—(1) The Registrar shall publish a journal, to be called the Designs Journal which shall contain —

(a) �the matters required to be published in that Journal under rule 28; and [S 742/2014 wef 13/11/2014]

(b) [Deleted by S 742/2014 wef 13/11/2014]

(2) The Designs Journal shall be published monthly, unless the Registrar otherwise directs.

[S 556/2005 wef 01/09/2005]

PART X

TRANSITIONAL PROVISIONS

67. [Deleted by S 742/2014 wef 13/11/2014]

67A. [Deleted by S 556/2005 wef 01/09/2005]

Right to information

68.—(1) After the extension of the period of registration of a relevant design from the expiry of its

initial period of registration, and upon the filing of a request by any person and the payment of the

applicable fee referred to in the First Schedule, the Registrar shall —

(a) give the person making the request such information; and

(b) permit him to inspect such documents,

relating to the application for the extension of the period of registration (including any representation,

sample or specimen of the design), as may be specified in the request.

(2) Rule 30(3) and (4) shall apply, with the necessary modifications, in relation to an inspection of

documents under this rule.

FIRST SCHEDULE

Rules 3(1), 28A(2), 30(1), 57(3)(c) and 68(1)

Fees

Second column First column Third column Fourth column

Matter Corresponding

Rule(s) Fee Corresponding Form(s)

1. Application for $250 in respect of each

registration of a design 13 Form D3 design

under section 11 of the Act

2. Request for deferment of $40 in respect of each 28A Form D3

publication request

3. Application to amend an

application for registration $45 in respect of each 24(1) Form D5

of a design under design number

section 15 of the Act

4. Application for extension 35 Form D8 of period of registration of

Second column First column Third column Fourth column

Matter Corresponding

Rule(s) Fee Corresponding Form(s)

a design under section 21

of, or paragraph 3(6) of the

Schedule to, the Act —

(a) for the first period

of 5 years $220

(b) for the second

period of 5 years $330

(c) for the third period

of 5 years $440

(d) for the fourth

period of 5 years $550

5. Application for

restoration of registration

of a design removed from

the Register under

section 21(6) of the Act

35C(1) $135 in respect of each

registration Form D8

6. Late application to

extend period of

registration of a design

under section 21(5) of, or

paragraph 3(6) of the

Schedule to, the Act

—

$50 in respect of each

registration in addition

to fee under item 4

—

7. Request to appoint,

change or remove agent 8(5)

$8.50 in respect of

each design number Form CM1

8. Request to change name,

address or address for

service or entry of address

for service

7(7), 8(6), 66 $13 Form CM2

Second column First column Third column Fourth column

Matter Corresponding

Rule(s) Fee Corresponding Form(s)

9. Request to surrender

registration of a design 39(1)

$30 in respect of each

design number Form CM3

10. Request for correction

of error 33(1), 65(1) $50 Form CM4

11. Request for extension

of time by a person or party

regarding a particular

period prescribed by the

Rules or specified by the

Registrar for doing any act 57(3) Form CM5

or taking any proceedings

in relation to

non-contentious

proceedings —

(a) for first or second

extension of that —

period

(b) for third or any

subsequent $50 in respect of each

extension of that design number

period

12. Notice for withdrawal of

an application for 23 — Form CM9

registration

13. Request for extension

of time by a person or party

regarding a particular

period prescribed by the 57(3) Form HC3

Rules or specified by the

Registrar for doing any act

or taking any proceedings

First column

Matter

in relation to contentious

proceedings —

(a) �for first extension

of that period

(b) �for second or any subsequent

extension of that

period

14.

Application to register the

grant, amendment or

termination of a licence

15. Application to register

the grant, amendment or

termination of any security

interest

16. Application for an

assignment of a registered

design or any right in it

17. Request for online file

inspection

18. Request for certified

copy of an entry in the

from the Register —

(a) �where the certified

copy or extract or

document is in soft

Second column

Corresponding

Rule(s)

37(1)(i)

37(1)(ii)

37(1)(iii)

30, 68

Third column

Fee

—

$100

$60 in respect of each

design number

$50 in respect of each

design number

$70 in respect of each

design number

$30 in respect of each

design number

$28 in respect of each

design number

Fourth column

Corresponding Form(s)

Form CM6

Form CM7

Form CM8

Form CM10

Form CM12

First column

Matter

copy

(b) �where the certified

copy or extract or

document is in hard

copy

19.

Request for reinstatement

of application, right or thing

20. Application for

revocation of the

registration of a design

21. Notice of attendance at

hearing

22. Request to extract the

Registrar’s certificate of

taxation

23. Request for extension

of time to file

counter-statement

24. Request for ex parte

hearing

25. Request to the Registrar

to state grounds of decision

for hearing

Second column

Corresponding

Rule(s)

25(2)

40(1)

48(3)

56E

41(3)

27(5), 52A(1)

27(8), 52A(8)(a)

Third column

Fee

$35 in respect of each

design number

$100 in respect of each

design number

$400

$715

$80

—

$100

$700

Fourth column

Corresponding Form(s)

Form CM13

Form D13

Form HC1

Form HC2

Form HC3

Form HC4

Form HC5

26. Filing of 41(1) $360 Form HC6

counter-statement

Second column First column Third column Fourth column

Matter Corresponding

Rule(s) Fee Corresponding Form(s)

27. Purchase of a copy of — $10 —

the Designs Journal

28. For using the services of

a service bureau to file any

of the following by means 58H —

of the electronic online

system:

(a) �any form, and any $40 per form plus

document $0.50 for each page of —

accompanying the the document

form accompanying the form

(b) �any statutory

declaration filed as

evidence in inter

partes proceedings

or any written $0.50 for each page of —

submission or the document

bundle of

authorities, not

accompanying any

form when filed

[S 742/2014 wef 13/11/2014]

SECOND SCHEDULE

Rule 4(3)

Description of Forms

First column Second column

Form Description of Form

Application for registration of a design under section 11 1. Form D3

of the Act

First column Second column �

Form Description of Form �

2. Form D5

3. Form D8

4. Form D13

5. Form CM1

6. Form CM2

7. Form CM3

8. Form CM4

9. Form CM5

10. Form CM6

11. Form CM7

12. Form CM8

13. Form CM9

14. Form CM10

Application to amend an application for registration of a

design under section 15 of the Act

Application for extension of period of registration of a

design under section 21 of, or paragraph 3(6) of the

Schedule to, the Act, for restoration of registration

removed from the Register, or for extension of period of

registration

Application for revocation of the registration of a design

under section 27 of the Act

Request to appoint, change or remove agent

Request to change name, address and Singapore

address for service of agent, applicant, proprietor or

other interested person

Request to surrender a registered design

Request for correction of error

Request for extension of time

Application to register, amend or terminate licence

Application to register, amend or terminate security

interest

Application to register transfer of ownership

Request for withdrawal of application

Request for online file inspection

Request for certified copy of an entry in the Register or 15. Form CM12

certified extract from the Register

First column Second column �

Form Description of Form

16. Form CM13 Request for reinstatement of rights

17. Form HC1 Notice of attendance at hearing

18. Form HC2 Request to extract the Registrar’s certificate of taxation

19.

Request for extension of time

Form HC3

20. Form HC4 Request for an ex parte hearing

21. Form HC5 Request for grounds of decision for ex parte hearing

22. Form HC6 Counter-statement

[S 742/2014 wef 13/11/2014]

THIRD SCHEDULE

Rules 19(2), 22, 26, 28 and 31

Classification of Articles

CLASS 1 FOODSTUFFS

Baker’s products, biscuits, pastry,

01-01 macaroni and other cereal products,

chocolates, confectionery, ices

01-02 Fruit and vegetables

Cheeses, butter and butter substitutes, 01-03

other dairy produce

Butcher’s meat (including pork products), 01-04

fish

01-05 [vacant]

01-06 Animal foodstuffs

01-99 Miscellaneous

CLASS 2 ARTICLES OF CLOTHING AND HABERDASHERY

Undergarments, lingerie, corsets, 02-01

brassieres, nightwear

02-02 Garments

02-03 Headwear

02-04 Footwear, socks and stockings

Neckties, scarves, neckerchiefs and 02-05

handkerchiefs

02-06 Gloves

02-07 Haberdashery and clothing accessories

02-99 Miscellaneous

TRAVEL GOODS, CASES, PARASOLS AND PERSONAL BELONGINGS, CLASS 3

NOT ELSEWHERE SPECIFIED

Trunks, suitcases, briefcases, handbags,

03-01 keyholders, cases specially designed for

their contents, wallets and similar articles

03-02 [vacant]

Umbrellas, parasols, sunshades and 03-03

walking sticks

03-04 Fans

03-99 Miscellaneous

CLASS 4 BRUSHWARE

04-01 Brushes and brooms for cleaning

Toilet brushes, clothes brushes and shoe 04-02

brushes

04-03 Brushes for machines

04-04 Paintbrushes, brushes for use in cooking

04-99 Miscellaneous

CLASS 5 TEXTILE PIECEGOODS, ARTIFICIAL AND NATURAL SHEET MATERIAL

05-01 Spun Articles

05-02 Lace

05-03 Embroidery

Ribbons, braids and other decorative 05-04

trimmings

05-05 Textile fabrics

05-06 Artificial or natural sheet material

05-99 Miscellaneous

CLASS 6 FURNISHING

06-01 Beds and seats

06-02 [vacant]

06-03 Tables and similar furniture

06-04 Storage furniture

06-05 Composite furniture

06-06 Other furniture and furniture parts

06-07 Mirrors and frames

06-08 Clothes hangers

06-09 Mattresses and cushions

06-10 Curtains and indoor blinds

06-11 Carpets, mats and rugs

06-12 Tapestries

Blankets and other covering materials, 06-13

household linen and napery

06-99 Miscellaneous

CLASS 7 HOUSEHOLD GOODS, NOT ELSEWHERE SPECIFIED

China, glassware, dishes and other articles 07-01

of a similar nature

Cooking appliances, utensils and 07-02

containers

07-03 Table knives, forks and spoons

Appliances and utensils, hand- 07-04

manipulated, for preparing food or drink

Flat-irons and washing, cleaning and 07-05

drying equipment

07-06 Other table utensils

07-07 Other household receptacles

07-08 Fireplace implements

07-99 Miscellaneous

CLASS 8 TOOLS AND HARDWARE

08-01 Tools and implements for drilling, milling

or digging

08-02 Hammers and other similar tools and

implements

08-03 Cutting tools and implements

Screwdrivers and other similar tools and 08-04

implements

08-05 Other tools and implements

08-06 Handles, knobs and hinges

08-07 Locking or closing devices

08-08 Fastening, supporting or mounting

devices not included in other classes

Metal fittings and mountings for doors,

08-09 windows and furniture, and similar

articles

08-10 Bicycle racks

08-99 Miscellaneous

PACKAGES AND CONTAINERS FOR THE TRANSPORT OR HANDLING CLASS 9

OF GOODS

Bottles, flasks, pots, carboys, demijohns,

09-01 and containers with dynamic dispensing

means

CLASS 10

09-02 Storage cans, drums and casks

09-03 Boxes, cases, containers, (preserve) tins

or cans

09-04 Hampers, crates and baskets

09-05 Bags, sachets, tubes and capsules

09-06 Ropes and hooping materials

09-07 Closing means and attachments

09-08 Pallets and platforms for forklifts

Refuse and trash containers and stands 09-09

therefor

09-99 Miscellaneous

CLOCKS AND WATCHES AND OTHER MEASURING INSTRUMENTS,

CHECKING AND SIGNALLING INSTRUMENTS

10-01 Clocks and alarm clocks

10-02 Watches and wrist watches

10-03 Other time-measuring instruments

Other measuring instruments, apparatus 10-04

and devices

Instruments, apparatus and devices for 10-05

checking, security or testing

10-06 Signalling apparatus and devices

Casings, cases, dials, hands and all other

10-07 parts and accessories of instruments for

measuring, checking and signalling

10-99 Miscellaneous

CLASS 11 ARTICLES OF ADORNMENT

11-01 Jewellery

Trinkets, table, mantel and wall 11-02

ornaments, flower vases and pots

11-03 Medals and badges

11-04 Artificial flowers, fruit and plants

11-05 Flags, festive decorations

11-99 Miscellaneous

CLASS 12 MEANS OF TRANSPORT OR HOISTING

12-01 Vehicles drawn by animals

12-02 Handcarts, wheelbarrows

Locomotives and rolling stock for railways 12-03

and all other rail vehicles

12-04 Telpher carriers, chair lifts and ski lifts

Elevators and hoists for loading or 12-05

conveying

12-06 Ships and boats

12-07 Aircraft and space vehicles

12-08 Motor cars, buses and lorries

12-09 Tractors

12-10 Road vehicle trailers

12-11 Cycles and motorcycles

12-12 Perambulators, invalid chairs, stretchers

12-13 Special-purpose vehicles

12-14 Other vehicles

12-15 Tyres and anti-skid chains for vehicles

Parts, equipment and accessories for

12-16 vehicles, not included in other classes or

subclasses

12-99 Miscellaneous

EQUIPMENT FOR PRODUCTION, DISTRIBUTION OR CLASS 13

TRANSFORMATION OF ELECTRICITY

13-01

13-02

13-03

13-99

Generators and motors

Power transformers, rectifiers, batteries

and accumulators

Equipment for distribution or control of

electric power

Miscellaneous

CLASS 14 RECORDING, COMMUNICATION OR INFORMATION RETRIEVAL

EQUIPMENT

Equipment for the recording or 14-01

reproduction of sounds or pictures

14-02 Data processing equipment as well as

peripheral apparatus and devices

Communications equipment, wireless 14-03

remote controls and radio amplifiers

14-99 Miscellaneous

CLASS 15 MACHINES, NOT ELSEWHERE SPECIFIED

15-01 Engines

15-02 Pumps and compressors

15-03 Agricultural machinery

15-04 Construction machinery

15-05 Washing, cleaning and drying machines

Textile, sewing, knitting and embroidering 15-06

machines, including their integral parts

15-07 Refrigeration machinery and apparatus

15-08 [vacant]

Machine tools, abrading and founding 15-09

machinery

15-99 Miscellaneous

CLASS 16 PHOTOGRAPHIC, CINEMATOGRAPHIC AND OPTICAL APPARATUS

16-01 Photographic cameras and film cameras

16-02 Projectors and viewers

16-03 Photocopying apparatus and enlargers

16-04 Developing apparatus and equipment

16-05 Accessories

16-06 Optical articles

16-99 Miscellaneous

CLASS 17 MUSICAL INSTRUMENTS

17-01 Keyboard instruments

17-02 Wind instruments

17-03 Stringed instruments

17-04 Percussion instruments

17-05 Mechanical instruments

17-99 Miscellaneous

CLASS 18 PRINTING AND OFFICE MACHINERY

18-01 Typewriters and calculating machines

18-02 Printing machines

18-03 Type and type faces

Bookbinding machines, printers’ stapling

18-04 machines, guillotines and trimmers (for

bookbinding)

18-99 Miscellaneous

STATIONERY AND OFFICE EQUIPMENT, ARTISTS’ AND TEACHING CLASS 19

MATERIALS

Writing paper, cards for correspondence 19-01

and announcements

19-02 Office equipment

19-03 Calendars

Books and other objects of similar 19-04

outward appearance

19-05 [vacant]

Materials and instruments for writing by

hand, for drawing, for painting, for 19-06

sculpture, for engraving and for other

artistic techniques

19-07 Teaching materials

19-08 Other printed matter

19-99 Miscellaneous

CLASS 20 SALES AND ADVERTISING EQUIPMENT, SIGNS

20-01 Automatic vending machines

20-02 Display and sales equipment

20-03 Signs, signboards and advertising devices

20-99 Miscellaneous

CLASS 21 GAMES, TOYS, TENTS AND SPORTS GOODS

21-01 Games and toys

Gymnastics and sports apparatus and 21-02

equipment

Other amusement and entertainment 21-03

articles

21-04 Tents and accessories thereof

21-99 Miscellaneous

ARMS, PYROTECHNIC ARTICLES, ARTICLES FOR HUNTING, FISHING CLASS 22

AND PEST KILLING

22-01 Projectile weapons

22-02 Other weapons

Ammunition, rockets and pyrotechnic 22-03

articles

22-04 Targets and accessories

22-05 Hunting and fishing equipment

22-06 Traps, articles for pest killing

22-99 Miscellaneous

FLUID DISTRIBUTION EQUIPMENT, SANITARY, HEATING, CLASS 23

VENTILATION AND AIR-CONDITIONING EQUIPMENT, SOLID FUEL

23-01 Fluid distribution equipment

23-02 Sanitary appliances

23-03 Heating equipment

Ventilation and air-conditioning 23-04

equipment

23-05 Solid fuel

23-99 Miscellaneous

CLASS 24 MEDICAL AND LABORATORY EQUIPMENT

Apparatus and equipment for doctors, 24-01

hospitals and laboratories

Medical instruments, instruments and 24-02

tools for laboratory use

24-03 Prosthetic articles

Materials for dressing wounds, nursing 24-04

and medical care

24-99 Miscellaneous

CLASS 25 BUILDING UNITS AND CONSTRUCTION ELEMENTS

25-01 Building materials

Prefabricated or pre-assembled building 25-02

parts

25-03 Houses, garages and other buildings

25-04 Steps, ladders and scaffolds

25-99 Miscellaneous

CLASS 26 LIGHTING APPARATUS

26-01 Candlesticks and candelabra

26-02 Torches and hand lamps and lanterns

26-03 Public lighting fixtures

Luminous sources, whether electrical or 26-04

not

Lamps, standard lamps, chandeliers, wall 26-05 and ceiling fixtures, lampshades,

reflectors, photographic and

cinematographic projector lamps

26-06 Luminous devices for vehicles

26-99 Miscellaneous

CLASS 27 TOBACCO AND SMOKERS’ SUPPLIES

27-01 Tobacco, cigars and cigarettes

27-02 Pipes, cigar and cigarette holders

27-03 Ashtrays

27-04 Matches

27-05 Lighters

Cigar cases, cigarette cases, tobacco jars 27-06

and pouches

27-99 Miscellaneous

PHARMACEUTICAL AND COSMETIC PRODUCTS, TOILET ARTICLES CLASS 28

AND APPARATUS

28-01 Pharmaceutical products

28-02 Cosmetic products

Toilet articles and beauty parlour 28-03

equipment

28-04 Wigs, false hairpieces

28-99 Miscellaneous

DEVICES AND EQUIPMENT AGAINST FIRE HAZARDS, FOR ACCIDENT CLASS 29

PREVENTION AND FOR RESCUE

Devices and equipment against fire 29-01

hazards

Devices and equipment for accident

29-02 prevention and for rescue, not elsewhere

specified

29-99 Miscellaneous

CLASS 30 ARTICLES FOR THE CARE AND HANDLING OF ANIMALS

30-01 Animal clothing

30-02 Pens, cages, kennels and similar shelters

30-03 Feeders and waterers

30-04 Saddlery

30-05 Whips and prods

30-06 Beds and nests

30-07 Perches and other cage attachments

30-08 Markers, marks and shackles

30-09 Hitching posts

30-99 Miscellaneous

CLASS 31 MACHINES AND APPLIANCES FOR PREPARING FOOD OR DRINK, NOT

ELSEWHERE SPECIFIED

Machines and appliances for preparing 31-00

food or drink, not elsewhere specified

CLASS 99 MISCELLANEOUS

99-00 Miscellaneous

FOURTH SCHEDULE

Rule 56D(1)

Scale of Costs

Item � Matter Amount

INSTITUTION OF PROCEEDINGS:

Drawing and filing application for

1. revocation of registration of a design, $300

including a statement of grounds

2. Drawing and filing counter-statement $300

Preparing and filing evidence for $300–$1,600 3.

revocation proceedings per statutory declaration

Reviewing the reply to any document $150–$800 4.

referred to in items 1, 2 and 3 per document

INTERLOCUTORY PROCEEDINGS, ETC.

Preparing for all interlocutory proceedings,

5. pre-hearing reviews and case management $50–$500

conferences

Attending all interlocutory proceedings,

6. pre-hearing reviews and case management $50–$500

conferences

PREPARATION FOR AND ATTENDANCE AT

HEARING:

7. Preparing for hearing $500–$2,000

8. Attendance at hearing $200–$800

9. [Deleted by S 742/2014 wef 13/11/2014]

TAXATION:

10. Drawing bill of costs $5 per folio

Attending taxation and obtaining the 11. $100–$300.

Registrar’s certificate or order

[S 742/2014 wef 13/11/2014]

LEGISLATIVE HISTORY

Registered Designs Rules

(CHAPTER 266, R 1)

This Legislative History is provided for the convenience of users of the Registered Designs Rules. It is not

part of these Rules.

1. G. N. No. S 504/2000—Registered Designs Rules 2000

Date of commencement : 13 November 2000

2. G. N. No. S 461/2001—Registered Designs (Amendment) Rules 2001

Date of commencement : 28 September 2001

3. G. N. No. S 657/2001—Registered Designs (Amendment No. 2) Rules 2001

Date of commencement : 15 January 2002

4. 2002 Revised Edition—Registered Designs Rules

Date of operation : 31 January 2002

5. G. N. No. S 778/2004—Registered Designs (Amendment) Rules 2004

Date of commencement : 1 January 2005

6. G. N. No. S 556/2005—Registered Designs (Amendment) Rules 2005

Date of commencement : 1 September 2005

7. G.N. No. S 587/2011—Registered Designs (Amendment) Rules 2011

Date of commencement : 1 December 2011

8. G.N. No. S 742/2014—Registered Designs (Amendment) Rules 2014

Date of commencement : 13 November 2014

Singapore

SG062

Registered Designs Rules (Revised Edition 2002, as amended up to the Registered Designs (Amendment) Rules 2014)