PART I | 1. These Rules may be cited as the Registered Designs Rules. |
2.—(1) In these Rules, unless the context otherwise requires —| [Deleted by S 742/2014 wef 13/11/2014] |
| [Deleted by S 742/2014 wef 13/11/2014] |
| “classification” means the classification of an article, a non‑physical product or a set of articles and non‑physical products to which a design is intended to be applied, or in respect of which a design is registered, in accordance with any practice directions issued by the Registrar under rule 26; [S 574/2017 wef 30/10/2017] |
| “Designs Journal” means the journal by that name published under rule 66A; [S 556/2005 wef 01/09/2005] |
| “electronic online system” means the electronic online system established under rule 58A; [S 556/2005 wef 01/09/2005] |
| [Deleted by S 742/2014 wef 13/11/2014] |
| “statement of novelty” means a statement made under rule 15; |
| “textile article” means textile or plastics piece goods, handkerchiefs, shawls or such other class of articles of a similar character as the Registrar may, from time to time, decide, for which the protection required is limited to features of pattern and ornament only. |
(2) For the purposes of this Part —| (a) | “initial period of registration”, in relation to a relevant design; | | (b) | “relevant design”; | | (c) | “UK Act”; and | | (d) | “UK Register”, |
| have the meanings given to these expressions in paragraph 1 of the Schedule to the Act. |
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| (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. |
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3.—(1) The fees set out in the First Schedule shall be payable to the Registrar in respect of the matters set out in that Schedule.(2) Unless otherwise provided for in these Rules, or the Registrar permits or directs otherwise —| (a) | where a fee is specified in the First Schedule in respect of any matter, the fee shall be paid at the same time as the filing of the form corresponding to the matter; and | | (b) | if the fee is not paid, the form shall not be treated as filed. [S 742/2014 wef 13/11/2014] |
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| (3) Subject to paragraph (4), a fee must be paid using the mode of payment permitted or directed by the Registrar. [S 435/2020 wef 05/06/2020] |
| (4) Where the electronic online system is used to carry out an act referred to in rule 58A(2), the fee payable in connection with that act must, unless otherwise permitted or directed by the Registrar, be paid using the mode of payment designated by the electronic online system. [S 435/2020 wef 05/06/2020] |
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| 3A.—(1) The Registrar may refuse to accept or process any document filed at the Registry that fails to comply with the Act. [S 556/2005 wef 01/09/2005] [S 435/2020 wef 05/06/2020] (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. |
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| (3) Every document filed at the Registry must be filed in accordance with the requirements relating to its size, durability, legibility or format specified in any practice direction issued by the Registrar. [S 435/2020 wef 05/06/2020] |
| (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. |
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| (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] |
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| 4.—(1) The Registrar shall publish on the Office’s Internet website at http://www.ipos.gov.sg the forms to be used for any purpose relating to the registration of a design or any other proceedings before the Registrar under the Act. [S 742/2014 wef 13/11/2014] | (2) The Registrar may modify any form in any particular case or class of cases. [S 435/2020 wef 05/06/2020] |
| (3) Any reference in these Rules to a numbered form shall be construed as a reference to the current version of the form which bears the corresponding number and is described in the Second Schedule. [S 742/2014 wef 13/11/2014] |
| (4) The matters referred to in the Act, including sections 11, 14(1), 15(1), 27(5), 28(1) and 35(2) of the Act, shall be filed with, made to or given to, the Registrar, or done in an effective and efficient manner by means which may be specified by the Registrar by the issuance of practice directions. [S 742/2014 wef 13/11/2014] |
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| 4A. [Deleted by S 435/2020 wef 05/06/2020] |
| 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] |
5.—(1) A document to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by —| (a) | all the partners; | | (b) | any partner stating that he signs on behalf of the partnership; or | | (c) | any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the partnership. |
| (2) A document to be signed for or on behalf of a body corporate shall be signed by a director, the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the body corporate. |
| (3) A document to be signed by or on behalf of an unincorporated body or association of persons may be signed by any person who appears to the Registrar to be qualified to so sign. |
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| 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 the Registry, the giving, sending, filing or service must be effected on the Registrar or the Registry (as the case may be) by sending an electronic communication of the document using the electronic online system. [S 435/2020 wef 05/06/2020] (2) Where the Act or these Rules authorise or require a party to give or send a document to, or serve a document on, another party (other than the Registrar or the Registry), the giving, sending or service may be effected —| (a) | by post; | | (b) | by hand; | | (c) | by courier; [S 402/2022 wef 26/05/2022] | | (ca) | by sending an electronic communication using the electronic online system; or [S 402/2022 wef 26/05/2022] | | (d) | subject to paragraph (3B), by sending an electronic communication of the document by any other electronic means. [S 402/2022 wef 26/05/2022] [S 435/2020 wef 05/06/2020] |
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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 an electronic communication of the notice or other document using the electronic online system or, subject to paragraph (3B), any other electronic means; [S 435/2020 wef 05/06/2020] | | (c) | by hand; or [S 435/2020 wef 05/06/2020] | | (d) | by courier. [S 435/2020 wef 05/06/2020] |
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| (3A) Subject to paragraph (3B), the Registrar may, in a particular case, permit the giving, sending, filing or serving of a document in a manner other than provided by paragraph (1) or (2). [S 435/2020 wef 05/06/2020] |
(3B) However, the use of electronic means under paragraph (2)(d), (3)(b) or (3A), other than the use of the electronic online system, must be with the consent (express or implied) of —| (a) | the party; or | | (b) | the Registrar or the Registry, |
| to whom the notice or other document is being given or sent, filed with or served by those means. |
[S 435/2020 wef 05/06/2020] |
| (4) Where any notice or other document is sent by post under paragraph (2) or (3), the giving, sending or service, as the case may be, of the notice or other document shall, until the contrary is proved, be treated as having been effected at the time at which the notice or document would have been delivered in the ordinary course of post. [S 742/2014 wef 13/11/2014] |
| (5) For the purposes of paragraphs (2) and (3), a notice or other document is sent to a party by post if the notice or other document is sent by pre-paid post to the party at his address for service referred to in rule 7 or 8. [S 742/2014 wef 13/11/2014] |
| (6) [Deleted by S 435/2020 wef 05/06/2020] |
| (6A) Notwithstanding the availability of an address for service filed in accordance with rule 7, where any notice or other document is given, sent, filed or served by sending an electronic communication in the manner permitted by paragraph (2)(ca) or (d), (3)(b) or (3A), that notice or document shall be taken to have been duly given, sent to or served on the person. [S 742/2014 wef 13/11/2014] [S 435/2020 wef 05/06/2020] [S 402/2022 wef 26/05/2022] |
| (7) Service of any notice or other document under the Act or these Rules on a person by electronic communication using the electronic online system may be effected only if the person is registered as an account holder in accordance with any practice directions issued by the Registrar under rule 58A(3). [S 402/2022 wef 26/05/2022] |
(7A) A notice or other document sent, filed or served by means of an electronic communication (other than the electronic online system) is treated as sent, filed or served —| (a) | if the time and the day the electronic communication becomes capable of being retrieved by the person to whom the notice or document is sent, filed or served does not fall on an excluded day for the business of sending, filing or serving the notice or document — at that time and on that day; or | | (b) | if that time falls on such excluded day — on the next following day that is not such excluded day. [S 402/2022 wef 26/05/2022] |
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(7B) A notice or other document that is —| (a) | transmitted to the Registrar or Registry or a party by means of the electronic online system; and | | (b) | received, by the server of that system set up to receive such transmissions, at any time before midnight on any day, |
| is treated as sent to, filed with or served on, and received by, the Registrar or Registry or the party — |
| (c) | if that day is not an excluded day for the business of sending to, filing with or serving on the Registrar or Registry or the party the notice or document by means of that system — at that time and on that day; or | | (d) | if that day is such excluded day — on the next following day that is not such excluded day. [S 402/2022 wef 26/05/2022] |
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| (7C) For the purposes of paragraph (7B), the notice or other document is treated as sent to, filed with or served on, and received by, the Registrar or Registry or the party if and only if the last byte of the transmission containing the notice or other document is received by the server mentioned in that paragraph. [S 402/2022 wef 26/05/2022] |
(7D) Any person who sends, files or serves a notice or other document by means of the electronic online system may produce a record of transmission issued through that system as evidence of —| (a) | the sending, filing or service of that notice or document; and | | (b) | the date and time when the sending, filing or service took place. [S 402/2022 wef 26/05/2022] |
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| (8) This rule shall not apply to notices and documents to be served in proceedings in court. [S 742/2014 wef 13/11/2014] |
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7.—(1) For the purposes of any proceedings before the Registrar, an address for service in Singapore shall be filed in accordance with paragraph (2) or (5) by or on behalf of —| (a) | every applicant for the registration of a design; | | (b) | every person applying to the Registrar under section 27 of the Act for the revocation of the registration of a design; | | (c) | every person granted permission to intervene under rule 49C; [S 262/2022 wef 01/04/2022] | | (d) | every owner of a registered design which is the subject of an application to the Registrar for the revocation of the registration of the design; and | | (e) | every other party to any proceedings before the Registrar. |
| (2) Where the application for a matter requires an address for service in Singapore to be furnished, the address for service in Singapore shall be furnished on the form filed for the matter. |
| (3) The filing of an address for service in accordance with paragraph (2) shall be effective only for the matter for which the form is filed. |
(4) Notwithstanding paragraph (3) —| (a) | where an applicant for the registration of a grant of a licence, the amendment of a licence or the termination of a licence furnishes an address for service in Form CM6 in relation to that licence, the address for service shall be effective for the purposes of all proceedings in respect of that licence; | | (b) | where an applicant for the registration of a grant of any security interest, the amendment of any security interest or the termination of any security interest furnishes an address for service in Form CM7 in relation to that security interest, the address for service shall be effective for the purposes of all proceedings in respect of that security interest; | | (c) | where an applicant for the registration of a change in the ownership of a registered design furnishes an address for service in Form CM8, the address for service may, at the option of the applicant, be effective —| (i) | for the purposes of all proceedings in respect of the design, including the application for the registration of the design; or | | (ii) | only for the purposes of the registration of the change in the ownership of the registered design, in which case the applicant must furnish another address for service for all other proceedings in respect of the design, including the application for the registration of the design, on the same Form CM8; [S 402/2022 wef 26/05/2022] |
| | (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 rule 66; or [S 402/2022 wef 26/05/2022] | | (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 permission to intervene in relation to which that form is filed and any related proceedings under Part VIIA; and [S 262/2022 wef 01/04/2022] [S 402/2022 wef 26/05/2022] | | (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. [S 402/2022 wef 26/05/2022] | | (k) | [Deleted by S 402/2022 wef 26/05/2022] |
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| (5) In a case where paragraphs (2) and (4) do not apply, the address for service shall be furnished in writing. [S 148/2017 wef 01/04/2017] |
| (6) Where an address for service is not filed by or on behalf of a person as required by paragraph (1), and no address for service is effective for the purposes of any of the proceedings mentioned in paragraph (4), the Registrar may, subject to paragraph (7), treat the person’s trade or business address in Singapore as that person’s address for service for the purposes of those proceedings. [S 402/2022 wef 26/05/2022] |
| (7) Where the trade or business address of the person is not known to the Registrar, the Registrar may send to the person, at an alternative address of the person, a notice to furnish an address for service for the purposes of those proceedings, within 2 months after the date of the notice. [S 402/2022 wef 26/05/2022] |
(7A) Where the Registrar does not have any alternative address of the person to send the notice under paragraph (7) or where the Registrar has sent a notice under that paragraph but no address for service is provided within 2 months after the date of the notice—| (a) | in the case of an applicant or a person mentioned in paragraph (1)(a) or (b) — the application made by the applicant or person is treated as withdrawn; | | (b) | in the case of a person mentioned in paragraph (1)(c) — the person is treated as having withdrawn the person’s intervention; | | (c) | in the case of the owner of a registered design mentioned in paragraph (1)(d) — the owner is not 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 mentioned in paragraph (1)(e) — the party is not permitted to take part in the proceedings in question. [S 402/2022 wef 26/05/2022] |
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| (8) Anything sent to or served on a person at his address for service shall be taken to have been duly sent to or served on the person. [S 742/2014 wef 13/11/2014] |
(9) In paragraphs (7) and (7A), “alternative address” means —| (a) | any address (not being an email address) that was previously provided by the person to the Registrar in relation to a matter under these Rules concerning the person that is the same as the matter at hand; or | | (b) | any email address that was previously provided by the person to the Registrar in relation to a matter under these Rules that is the same as the matter at hand, where the person had given prior consent for that email address to be used for correspondence with the person for such matter. [S 402/2022 wef 26/05/2022] |
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| 8.—(1) The Registrar may, in dealing with any matter under the Act or these Rules in respect of which a person has been authorised to act as an agent on behalf of another, require the personal signature or presence of either the agent or his principal. [S 742/2014 wef 13/11/2014] | (2) The Registrar may, by notice in writing sent to an agent, require the agent to produce evidence of his authority. |
| (3) Where an agent has been appointed by a person for any application or proceedings, the agent’s address for service in Singapore shall be treated as the address for service of that person. [S 742/2014 wef 13/11/2014] |
| (4) The appointment of an agent for a matter shall be notified to the Registrar in the form for that matter. [S 742/2014 wef 13/11/2014] |
(5) The following shall be notified to the Registrar in Form CM1:| (a) | any appointment of an agent for a matter for which no form is prescribed; | | (b) | any change of an agent for a matter. [S 742/2014 wef 13/11/2014] |
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(6) Where an agent for a party to any matter intends to cease to so act, the agent —| (a) | must file with the Registrar in Form CM1 —| (i) | a notice of the intention; | | (ii) | the party’s latest address, including any email address, on the agent’s records; and | | (iii) | a statement that the agent has given reasonable notice to the party of the intention, and informed the party of the consequences set out in rule 7(7A) as applied by paragraph (9); and |
| | (b) | must serve Form CM1 on the party at the same time the form is filed with the Registrar. [S 402/2022 wef 26/05/2022] |
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| (7) On receipt of the form mentioned in paragraph (6)(a), the Registrar must send to the party a notice requesting the party to provide an address for service within 3 months after the date of the notice. [S 402/2022 wef 26/05/2022] |
| (8) The notice in paragraph (7) must be sent to the address of the party filed under paragraph (6)(a)(ii) or any alternative address of the party. [S 402/2022 wef 26/05/2022] |
(9) Rule 7(7A)(a), (b), (c) or (d) (whichever is applicable) applies, with the necessary modifications, if —| (a) | the Registrar does not have any alternative address of the party to which to send a notice under paragraph (7); or | | (b) | the Registrar sent a notice under paragraph (7) and no address for service was provided within 3 months after the date of the notice. [S 402/2022 wef 26/05/2022] |
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| (10) In paragraphs (8) and (9), “alternative address” has the meaning given by rule 7(9). [S 402/2022 wef 26/05/2022] |
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