Citation and commencement

1

These Rules may be cited as the Patents, Trade Marks and Designs (Address for Service) Rules 2009 and come into force on 6th April 2009.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see above.

Amendment of the Design Right (Proceedings before Comptroller) Rules 1989

2

Amendment of the Design Right (Proceedings before Comptroller) Rules 19892

The Design Right (Proceedings before Comptroller) Rules 1989 are amended as follows.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see r 1.

Design Rights99 Intellectual Property Law99

3

3

In rule 23 (service and translation of documents) delete paragraph (1A) and substitute—

“(1A)    The address for service shall be an address in the United Kingdom, another EEA state or the Channel Islands.”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see r 1.

4

4

In Schedule 1 (Forms) for the words “Please give an address for service in the United Kingdom”, in each place where they appear, substitute “Please give an address for service in the United Kingdom, another EEA state or the Channel Islands”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see r 1.

Amendment of the Registered Designs Rules 2006

5

Amendment of the Registered Designs Rules 20065

The Registered Designs Rules 2006 are amended as follows.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see r 1.

Design Rights99 Intellectual Property Law99

6

6

In rule 42 (address for service) delete paragraphs (4) and (5) and substitute—

“(4)    An address for service furnished under this Rule shall be an address in the United Kingdom, another EEA state or the Channel Islands.”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see r 1.

7

7

In rule 43(5) (failure to furnish an address for service) omit the words “or (5)”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see r 1.

Amendment of the Patents Rules 2007

8

Amendment of the Patents Rules 20078

The Patents Rules 2007 are amended as follows.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see r 1.

9

9

In rule 103 (address for service) delete paragraphs (4) and (5) and substitute—

“(4)    An address for service furnished under this Rule shall be an address in the United Kingdom, another EEA state or the Channel Islands.”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see r 1.

10

10

In rule 104(5) (failure to furnish an address for service) omit the words “or (5)”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see r 1.

Amendment of the Trade Marks Rules 2008

11

Amendment of the Trade Marks Rules 200811

The Trade Marks Rules 2008 are amended as follows.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see r 1.

12

12

In rule 11 (address for service) delete paragraphs (4) and (5) and substitute—

“(4)    An address for service filed under this Rule shall be an address in the United Kingdom, another EEA state or the Channel Islands.”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see r 1.

13

13

In rule 12(5) (failure to provide an address for service) omit the words “or (5)”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2009: see r 1.

Signature

David Lammy

Minister of State for Higher Education and Intellectual Property

Department for Innovation, Universities and Skills

4th March 2009

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Rules)

These Rules amend the Design Right (Proceedings before Comptroller) Rules 1989 (SI 1989/1130, as amended), the Registered Designs Rules 2006 (SI 2006/1975, as amended), the Patents Rules 2007 (SI 2007/3291) and the Trade Marks Rules 2008 (SI 2008/1797, as amended).

The requirement in each of those Rules to provide an address for service in the United Kingdom during any proceedings before the comptroller or registrar is liberalised to allow for an address for service in the United Kingdom another EEA state (as defined in Schedule 1 to the Interpretation Act 1978) or the Channel Islands.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Intellectual Property Office, International Policy Directorate, Concept House, Cardiff Road, Newport NP10 8QQ and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website. Copies have also been placed in the libraries of both houses of Parliament.

Trademarks99 Intellectual Property Law99 Patents99

Practice Areas