INDUSTRIAL PROPERTY: SUBSIDIARY LEGISLATION(previously “UNITED KINGDOM TRADE MARKS”)

INDUSTRIAL PROPERTY: SUBSIDIARY LEGISLATION
(previously “UNITED KINGDOM TRADE MARKS”)

INDEX TO SUBSIDIARY LEGISLATION

Industrial Property Regulations

INDUSTRIAL PROPERTY REGULATIONS

(section 137)

(31st August, 2012)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

1. Citation

2. Interpretation

PART II
Applications and Procedure for Grant of Patents

3. Application for patent

4. Marking of application for patent

5. Description

6. Claims

7. Drawings

8. Abstract

9. Measures, terminology and signs

10. Number of copies and physical requirements

11. Declaration of priority and translation of earlier application

12. Time for furnishing information on foreign applications

13. Withdrawal and amendment of application

14. According and notifying filing date

15. Publication of the patent application

16. Grant of patent, publication of reference and issuance of certificate

17. Annual fees and lapse of patent

18. Exploitation of patented invention

19. Compulsory licences

20. Invalidation of patent

PART III
Utility Model Certificates

21. Application for utility model certificate

22. Marking of application for utility model certificate

PART IV
Industrial Designs

23. Application for registration of industrial design

24. Number and size of representations and specimen

25. Marking of application for registration of industrial design

26. Registration of industrial design

27. Refusal for registration of industrial design

28. Renewal of registration of industrial design

29. Inspection of registered design

PART V
Layout Designs of Integrated Circuits

30. Application for registration of layout design

31. Marking of application for registration of layout design

32. Size of drawings and representations

33. Registration of layout design and issuance of certificate

PART VI
Marks

34. Application for registration of mark

35. Marking of application for registration of mark

36. Reproduction of mark

37. Transliteration and translation of mark

38. Declaration of priority and translation of earlier application

39. Withdrawal of application

40. Acceptance of application, etc.

41. Opposition for registration of mark

42. Registration of mark, publication of reference, issuance of certificate

43. Renewal of registration of mark

44. Invalidation of registration of mark

45. Removal on the ground of non-use

46. Reinstatement of lapsed mark rights

47. Collective marks

PART VII
International Registration under the Madrid Protocol

48. Initial examination of international applications

49. Collective and certification marks

50. Replacement of internationally registered mark

51. Transformation

52. Opposition of registration of internationally registered mark

PART VIII
Geographical Indications

53. Application for registration of geographical indication

54. Marking of application for registration of geographical indication

55. Acceptance of application, etc.

56. Opposition for registration of geographical indication

57. Registration of geographical indication and issuance of certificate

58. Invalidation of registered geographical indication

PART IX
Traditional Knowledge and Handicrafts

59. Registration of traditional knowledge

60. Registration of handicrafts

61. Marking of application for traditional knowledge and handicrafts

PART X
General

62. Changes in ownership, etc.

63. Excluded days

64. Inspection of registers, etc.

65. Extension of time for applications

66. Corrections of errors

Schedule 1 – Forms

Schedule 2 – Fees

S.I. 78, 1997
S.I. 70, 2012.

PART I
Preliminary (regs 1-2)

1. Citation

These Regulations may be cited as the Industrial Property Regulations.

2. Interpretation

(1) In these Regulations, unless the context otherwise requires—

“abstract” means a concise summary of the technical disclosure of a patent document enabling a reader to quickly ascertain the subject matter covered;

“claim” means a part of a patent document which defines the matter for which protection is sought;

“description” means the technical field to which an invention relates, and includes a brief summary of the technical background of the invention and shall indicate at least one mode known in which the invention can be performed; and

“drawings” means the aid necessary for the understanding of an invention.

PART II
Applications and Procedure for Grant of Patents (regs 3-20)

3. Application for patent

Subject to section 12 of the Act, an application for a patent shall—

(a) be made in Form 1 set out in Schedule 1; and

(b) be accompanied by—

(i) a fee set out in Schedule 2,

(ii) a statement, where the applicant is the inventor, and

(iii) a statement justifying the applicant’s right to the patent, where the applicant is not the inventor.

4. Marking of application for patent

(1) Upon receipt of an application under regulation 3, the Registrar shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters “BW”, slant, the letter “A”, slant, the four-digit numbers of the year in which the initial papers were received, slant, and a five-digit number allocated in the sequential order in which applications are received.

(2) Where any corrections or other documents are later filed on different dates, the Registrar shall mark the actual dates of receipt for any documents which are later filed with him or her or for which any corrections were made in the appropriate place of the application for the grant of the patent.

(3) The application number allocated under subregulation (1) shall be quoted in all subsequent communications concerning the application.

5. Description

(1) A description shall first state the title of the invention as it appears in the application for a patent and shall—

(a) specify the technical field to which the invention relates;

(b) indicate the background art which, as far as known to the applicant, can be regarded as useful for the understanding, searching and examination of the invention, and, where necessary, cite the documents reflecting such art;

(c) disclose the invention in such terms that it can be understood and state its advantageous effects, if any, with reference to the background art;

(d) briefly describe the figures in the drawings, if any;

(e) set out, in terms of examples and with reference to drawings, where appropriate, at least one mode contemplated by the applicant for carrying out the invention; and

(f) indicate explicitly, when it is not obvious from the description or nature of the invention, the way in which the invention is industrially applicable and the way in which it can be made or used.

(2) The manner and order specified in subregulation (1) shall be followed except where, because of the nature of the invention, a different manner or a different order would result in a better understanding and a more concise presentation.

6. Claims

(1) Where there are several claims forming part of an application for a patent, they shall be numbered consecutively in Arabic numerals.

(2) One or more claims forming part of an application for a patent, shall be fully supported by the description and the drawings.

(3) Whenever appropriate, a claim shall contain—

(a) a statement indicating those technical features of the invention which are necessary for the definition of the invention but which, in combination, are part of the prior art; and

(b) a characterising portion, preceded by the words “characterised in that”, “characterised by”, “wherein the improvement comprises” or any other words to the same effect stating concisely the description which, in combination with the features stated under (a), it is desired to protect.

(4) Where the application for a patent contains drawings, the technical features mentioned in the claims shall, where necessary, be followed by the reference signs relating to such features; and where reference signs are used they shall be placed between parentheses.

(5) Where the inclusion of reference signs under subregulation (4) does not facilitate quicker understanding of a claim, such signs shall not be made.

(6) A claim submitted after the filing date of an application for a patent and which is not identified with the other claims previously filed in the application shall, at the choice of the applicant, be submitted either as an amended claim or as a new claim.

(7) A claim submitted after the filing date of an application for a patent shall not contain anything new or that was not disclosed before.

7. Drawings

(1) Drawings forming part of an application for a patent shall—

(a) be on sheets the usable surface area of which shall not exceed 26.2 cm by 17 cm;

(b) be on sheets which do not contain frames around the usable or used surface; and

(i) top 2.5 cm,

(ii) left side 2.5 cm,

(iii) right side 1.5 cm, and

(iv) bottom 1.0 cm.

(2) Without derogating from subregulation (1), drawings forming part of an application for a patent shall be executed as follows—

(a) without colouring in durable, black sufficiently dense and dark, uniformly thick and well-defined lines and strokes to permit satisfactory reproduction;

(b) cross-sections shall be indicated by hatching which does not impede the clear reading of the reference signs and leading lines;

(c) the scale of the drawings and the distinctness of their graphical execution shall be such that a photographic reproduction with a linear reduction in size to two-third of the size would enable all details to be distinguished without difficulty, and where, as an exception, the scale is given on a drawing it shall be represented graphically;

(d) all numbers, letters and reference signs appearing in the drawings shall be simple and clear, and brackets, circles and inverted commas shall not be used in association with numbers and letters;

(e) elements of the same figure shall be in proportion to each other, unless a difference in proportion is indispensable for the clarity of the figure;

(f) the height of the numbers and letters shall not be less than 0.32 cm and for the lettering of drawings, the Latin and, where customary, the Greek alphabets shall be used;

(g) the same sheet of drawings may contain several figures and where figures drawn on two or more sheets are intended to form one whole figure—

(i) the figures on the several sheets shall be arranged so that the whole figure can be assembled without concealing any part of the partial figures,

(ii) the different figures shall be arranged without wasting space, clearly separated from one another, and

(iii) the different figures shall be numbered consecutively in Arabic numerals, independently of the numbering of the sheets;

(h) reference signs not mentioned in the description or claims shall not appear in the drawings, and vice versa and the same features, when denoted by reference signs, shall, throughout the application, be denoted by the same signs;

(i) the drawings shall not contain textual matter, except, when required for the understanding of the drawings, a single word or words such as “water”, “steam”, “open”, “closed”, “section on AA” and, in the case of electric circuits and block schematic or flow sheet diagrams, a few short catchwords; and

(j) the sheets of the drawings shall be numbered in accordance with regulation 10(9).

(3) Flow sheets and diagrams shall, for purposes of these Regulations, be considered to be drawings.

8. Abstract

(1) An abstract forming part of an application for a patent shall be so drafted that it can efficiently serve as a scanning tool for purposes of searching in the particular art.

(2) An abstract shall—

(a) have a summary of the disclosure as contained in the description, the claim and any drawings indicating the technical field to which the invention pertains;

(b) be drafted in a way that merely serves as a source of technical information; and

(c) where applicable, contain the chemical formula which, among all the formulae contained in the application, best characterises the invention.

(3) An abstract shall be as concise as the disclosure permits, containing not less than 50 but not more than 150 words.

(4) An abstract shall not contain statements on the presumed merits or value of the invention or on its speculative application.

(5) Each main technical feature mentioned in the abstract and illustrated by a drawing in the application shall be followed by a reference sign, placed between parentheses.

9. Measures, terminology and signs

(1) In an application for a patent, the following shall be used—

(a) units of weights and measures in terms of the metric system;

(b) temperatures in degrees celsius; and

(2) For indications of heat, energy, light, sound, and magnetism, as well as for mathematical formulae and electrical units, rules in general use shall be observed; and for chemical formulae, the symbols, atomic weights, and molecular formulae, in general use, shall be observed.

(3) In general, only such technical terms, signs and symbols as are generally accepted in the art shall be used.

(4) The terminology and the signs shall be consistent throughout the application.

10. Number of copies and physical requirements

(1) Three copies, or such number as the Registrar may require, of the application for a patent and any accompanying statements or documents, shall be filed.

(2) All elements of an application for a patent shall be so presented so as to enable direct reproduction by photography, electrostatic processes, photo offset and microfilming.

(3) Only one side of each sheet contained in an application shall be used.

(4) All elements of an application for a patent shall be on paper which is flexible, strong, white, smooth, non-shiny and durable.

(5) The size of the sheets shall be A4 (29.7 cm x 21 cm), or such other size as the Registrar may determine.

(6) The minimum margins of sheets shall be as follows—

(a) upper margin of each page, except the first page: 20 mm;

(b) upper margin of the first page: 30 mm;

(d) other side margin: 20 mm; and

(e) bottom margin: 20 mm.

(7) All sheets shall be numbered at the top of the sheet, in the middle, in consecutive Arabic numerals.

(8) In effecting the sequential numbering of the sheets, the elements of an application for a patent shall be placed in the following order—

(a) a request;

(b) a description;

(d) drawings; and

(e) an abstract.

(9) The sequential numbering of the sheets shall be effected by using the following three separate series of numbering—

(a) the first series applying to the application only and commencing with the first sheet of the application;

(b) the second series commencing with the first sheet of the description and continuing through the claims until the last sheet of the abstract; and

(c) the third series being applicable to the sheets of the drawings only and commencing with the first sheet of the drawings.

(10) The text matter of the application shall be typed in black, except for the graphic symbols, chemical or mathematical formulae and certain characters which may be handwritten or drawn.

11. Declaration of priority and translation of earlier application

(1) Where priority is claimed in an application for a patent, a declaration in terms of section 17(1) of the Act, shall provide—

(a) a certified copy of the application earlier filed;

(b) the date of filing of the earlier application;

(c) the symbol of the International Patent Classification which has been allocated to the earlier application, subject to subregulation (3);

(d) the country in which the earlier application was filed or, where the earlier application is a regional or an international application, the country or countries for which it was filed; and

(e) where the earlier application is a regional or an international application, the office with which it was filed.

(2) Where at the time of filing the declaration referred to in subregulation (1), a copy of the application earlier filed is not found, that copy shall be furnished within three months from the date on which the application containing the declaration was filed:

Provided that the Registrar may extend the time limit referred to in this subregulation for an additional period of three months, if the applicant supplies evidence that, due to circumstances beyond the applicant control, the applicant was not able to comply with the prescribed time limit.

(3) Where a symbol of the International Patent Classification has not been allocated to the earlier application, or had not yet been allocated at the time of filing the declaration referred to in subregulation (1), the applicant shall state this fact in the said declaration and shall communicate such symbol as soon as it has been allocated.

(4) The period for furnishing the certified copy of the earlier application under section 17(2) of the Act, shall be three months from the date of filing the application, and where a copy has already been furnished for another application, the applicant may respond by making a reference to that other application.

(5) Where the earlier application is in a language other than English, the applicant shall, within two months from the date of the aforementioned request, furnish an English translation of the earlier application.

12. Time for furnishing information on foreign applications

(1) The time limits to be specified for furnishing the information requested by the Registrar under section 19(2) of the Act, shall not be less than two but not more than six months from the date a request is made.

(2) Where the applicant is unable to submit the information requested under section 19 of the Act, the Registrar may suspend the procedure for the examination of the application until such time as the documents are furnished.

13. Withdrawal and amendment of application

(1) An application for a patent shall be withdrawn by written declaration submitted to the Registrar and signed by each applicant or an agent.

(2) The application and publication fee shall not be refunded if the application is withdrawn.

(3) Any amendment in terms of section 13(2) of the Act shall be subjected to the payment of the fee set out in Schedule 2.

14. According and notifying filing date

(1) The Registrar shall request the applicant to supply any missing information under section 20(3) of the Act, within two months from the date of the request, together with the payment of the fee set out in Schedule 2.

(2) Where in terms of section 20(5) of the Act, a request is made to an applicant to furnish any missing part or drawings to the Registrar, such information shall be furnished within two months.

(3) Where in terms of section 23(2) of the Act, there is any requirement or observation that is missing from a patent application, the Registrar shall notify the applicant in writing, inviting him or her to comply with the missing requirement or to submit any observation within three months from the date of notification by the Registrar.

15. Publication of the patent application

(1) Subject to section 21 of the Act, an application for a patent shall be published in the Journal in Form 2 set out in Schedule 1 upon the request of the applicant.

(2) The applicant shall pay the fee set out in Schedule 2 to the Registrar for publication of his or her application in the Journal.

16. Grant of patent, publication of reference and issuance of certificate

(1) Where the Registrar grants a patent in terms of section 23(3) of the Act, he or she shall issue a certificate of the patent in Form 3 set out in Schedule 1 and a copy of the patent in Form 4 set out in Schedule 1.

(2) The Registrar shall allot to each patent granted, a publication number of the patent in the sequential order of grant.

(3) The Registrar shall, upon payment of the fee set out in Schedule 2, make a copy of the patent to any person who requests such copy in terms of section 23(4) of the Act.

(4) The publication of the reference to the grant of the patent in terms of section 23(3)(c) of the Act, shall include—

(a) the number of the patent;

(b) the name and address of the owner of the patent;

(d) the name and address of the agent, if any;

(e) the filing date;

(f) if priority has been claimed and the claim has been accepted, a reference to the declaration of priority, the priority date and the name of the country or countries in which or for which the earlier application was filed;

(g) the effective date of grant of the patent;

(h) the title of the invention;

(i) the abstract;

(j) the most illustrative of the drawings, if any; and

(k) the symbol of the International Patent Classification.

17. Annual fees and lapse of patent

(1) Subject to section 28(2) of the Act, a patentee shall pay the fee set out in Schedule 2, which shall be the annual maintenance fees.

(2) The Registrar shall record and publish a notification of the lapse of a patent.

(3) A patentee who is late in paying the annual maintenance fees shall pay a surcharge fee set out in Schedule 2 on condition that he or she shall pay the full annual maintenance fees within six months from the date of payment of the surcharge.

18. Exploitation of patented invention

(1) The Registrar shall record and publish, by notice in the Gazette, the decision of the Minister to authorise a government agency, other person or body to exploit a patented invention in the public interest.

(2) If the decision of the Minister is the subject of an appeal, the Registrar of the High Court shall notify the Registrar of the court’s decision once it becomes final, and the Registrar shall record the decision and publish it by notice in the Gazette.

19. Compulsory licences

(1) A request for a compulsory licence under section 33(4) of the Act, shall be made in Form 5 set out in Schedule 1 and accompanied by the fee set out in Schedule 2.

(2) The Master of the High Court shall notify the Registrar of the court’s decision regarding any application for the grant of a compulsory licence, as provided for under section 33(3) of the Act, once the decision becomes final, and the Registrar shall record the decision in the journal and cause it to be published in the Gazette.

20. Invalidation of patent

(1) Where the provisions of section 36(1) of the Act apply only to some of the claims or some parts of the claims, such claim or parts of a claim shall be invalidated.

(2) The patent owner shall, in writing, notify any licensee of any court proceedings instituted for the invalidation of the patent.

(3) The person requesting invalidation shall notify any beneficiaries of compulsory licences granted under sections 31 to 34 of the Act.

(4) Where the ground of invalidity invoked under subregulation (3) is that the patent owner is not the inventor or his or her successor in title, the person alleged to have the right to the patent shall also be informed.

PART III
Utility Model Certificates (regs 21-22)

21. Application for utility model certificate

(1) Any applicant who wishes to convert a patent application into an application for utility model certificate in terms of section 18 of the Act shall pay the fee set out in Schedule 2.

(2) The Registrar shall, within two months of the receipt of the request to convert, notify the applicant of his or her decision, in writing, and, where the Registrar refuses the request, he or she shall state the reasons for such refusal.

(3) Where the Registrar grants a utility model certificate in terms of section 42 of the Act, he or she shall issue a copy of a utility model certificate in Form 6 set out in Schedule 1.

22. Marking of application for utility model certificate

(1) Upon receipt of an application made under regulation 21, the Registrar shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters “BW”, slant, the letter “U”, slant, the four-digit numbers of the year in which the initial papers were received, slant, and a five-digit number allocated in the sequential order in which applications are received.

(3) The application number allocated under subregulation (1) shall be quoted in all subsequent communications concerning the application.

PART IV
Industrial Designs (regs 23-29)

23. Application for registration of industrial design

(1) Subject to section 46 of the Act, an application for the registration of an industrial design shall—

(a) indicate the applicant’s name, address, nationality and residence;

(b) be made in Form 7 set out in Schedule 1;

(d) be accompanied by the fee set out in Schedule 2.

(2) Where the applicant is the creator, the request shall contain a statement to that effect, and, where the applicant is not the creator, it shall indicate the creator’s name and address and be accompanied by the statement justifying the applicant’s right to the registration of the industrial design.

(3) If the applicant is represented by an agent, the request shall indicate so and state the agent’s name and address.

(4) An application for the registration of a design under section 46(4) of the Act shall be limited to one hundred (100) designs in one application.

24. Number and size of representations and specimen

(1) The application for the registration of an industrial design shall be accompanied by the following—

(a) four graphic representations or four drawings or tracings, if the industrial design is two-dimensional; or

(b) four graphic representations or four drawings or tracings of each of the different sides of the industrial design, if the industrial design is three-dimensional.

(2) A specimen forming part of the application for the registration of an industrial design referred to in subregulation (1) shall be of a size not exceeding 20 cm x 20 cm x 20 cm.

(3) A graphic representation, drawing or tracing of the industrial design shall not exceed 10 cm x 20 cm, and such representations, drawings or tracings shall be affixed on four sheets of cardboard of A4 size.

(4) Drawings and tracings forming part of the application for the registration of an industrial design referred to in subregulation (1) shall be in black ink.

25. Marking of application for registration of industrial design

(1) Upon receipt of an application made under regulation 23, the Registrar shall mark, on each document making up the application for the registration of a design, the actual date of receipt and the application number consisting of the letters “BW”, slant, the letter “F”, slant, the four-digit numbers of the year in which the initial papers were received, slant, and a five-digit number allocated in the sequential order in which applications are received.

(3) The application number allocated under subregulation (1) shall be quoted in all subsequent communications concerning the application.

26. Registration of industrial design

(1) Subject to section 50 of the Act, the Registrar shall issue a certificate of registration of the design in Form 8 set out in Schedule 1.

(2) The Registrar shall allocate to each industrial design he or she registers the same number as the number allocated under regulation 25.

(3) The registration of an industrial design shall include a representation of the industrial design and shall specify—

(a) the number of the industrial design;

(b) the name and address of the registered owner;

(d) the name and address of the creator, except where he or she has asked not to be named in the registration;

(e) if the priority has been claimed, and the claim has been accepted, the priority date and the country or countries in which or for which the earlier application was filed; and

(f) the kind of products for which the industrial design is to be used.

(4) The publication of the reference to the registration of an industrial design, under section 50(2)(c) of the Act, shall contain the particulars specified in subregulation (3).

27. Refusal for registration of industrial design

(1) The Registrar shall notify the applicant, in writing, of his or her decision to register or to refuse the application, and, in the case of a decision to grant the application, the Registrar shall request the applicant to pay the registration and publication fee set out in Schedule 2 within one month from the date of the notification.

(2) Refusal of an application by the Registrar shall not affect its filing date which shall remain valid.

28. Renewal of registration of industrial design

(1) The renewal of the registration of an industrial design under section 56(1) shall be made by the registered owner or his or her agent during the six months period preceding the expiry of the registration.

(2) The renewal of the registration of and industrial design shall be subject to the payment of the fee set out in Schedule 2 within the period specified in subregulation (1) or, upon payment of the surcharge fee set out in Schedule 2, within the grace period allowed under section 56(2) of the Act.

(3) The renewal of registration of an industrial design shall be recorded in the register and shall be published.

(4) The Registrar shall mark the original certificate as renewed and provide the next date of expiry in accordance with section 56(1) of the Act.

29. Inspection of registered design

(1) Any person who wishes to inspect the representations, drawings and specimens of a registered design in terms of section 58 of the Act, shall pay the fee set out in Schedule 2.

(2) Any person who wishes to make a copy of the representations, drawings and specimens of a registered design or any other documents of a registered designed shall pay the applicable fee set out in Schedule 2.

PART V
Layout Designs of Integrated Circuits (regs 30-33)

30. Application for registration of layout design

Subject to section 66 of the Act, an application for the registration of a layout design shall—

(a) be made in Form 9 set out in Schedule 1;

(b) be signed by the applicant or applicants; and

31. Marking of application for registration of layout design

(1) Upon receipt of an application for the registration of a layout design under regulation 30, the Registrar shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters “BW”, slant, the letter “L”, slant, the four-digit numbers of the year in which the initial papers were received, slant, and a five-digit number allocated in the sequential order in which applications are received and where any corrections or other documents are later filed on different dates.

(2) The Registrar shall mark the actual dates of receipt for any documents which are later filed with him or her or for which any corrections were made in the appropriate place of the application for the grant of a layout design.

(3) The application number allocated under subregulation (1) shall be quoted in all subsequent communications concerning the application.

32. Size of drawings and representations

(1) A drawing forming part of the application for the registration of a layout design shall be of a size not exceeding 20 cm x 20 cm x 20 cm.

(2) A graphic representation, drawing of the layout design shall not exceed 10 cm x 20 cm, and such representations, drawings shall be affixed on four sheets of cardboard of A4 size.

(3) A drawing forming part of the application for the registration of a layout design shall be in black ink.

33. Registration of layout design and issuance of certificate

(1) Subject to subregulation (2), where the application meets all the requirements of section 66 of the Act, the Registrar shall register the layout design and issue to the applicant a certificate of registration in Form 10 set out in Schedule 1.

(2) The Registrar shall notify the applicant, in writing, of his or her decision to register the application and shall request the application to pay the registration and publication fee set out in Schedule 2 within one month from the date of notification.

(3) The Registrar shall allocate to each layout design he or she registers, the same number as the number allocated under regulation 31.

(4) The registration of a layout design shall include a representation of the layout design and shall specify—

(a) the number of the layout design;

(b) the name and address of the registered owner;

(d) the name and address of the creator, except where he or she has asked not to be named in the registration; and

(e) the information defining the electronic function which the integrated circuit is intended to perform.

(5) The publication of the reference to the registration of the layout design, under section 68(2)(c) of the Act, shall contain the particulars specified in subregulation (4).

PART VI
Marks (regs 34-47)

34. Application for registration of mark

Subject to section 76 of the Act, an application for the registration of a mark shall—

(a) be made in Form 11 set out in Schedule 1;

(b) be in respect of goods or services listed in the applicable class or classes of the International Classification;

(d) be accompanied by three additional reproductions of the mark, and the additional reproductions shall be identical to the mark on the applications and shall in all cases be noted with any such particulars, signed by the applicant or his or her authorised agent, as may be required by the Registrar; and

(e) be accompanied by an application fee set out in Schedule 2.

35. Marking of application for registration of mark

(1) Upon receipt of an application for the registration of a mark made under regulation 34, the Registrar shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters “BW”, slant, the letter “M”, slant, the four-digit numbers of the year in which the initial papers were received, slant, and a five-digit number allocated in the sequential order in which applications are received.

(3) The application number allocated under subregulation (1) shall be quoted in all subsequent communications concerning the application.

36. Reproduction of mark

(1) If the Registrar considers any reproduction of a mark unsuitable, he or she may, require a suitable reproduction to be substituted.

(2) Where a drawing or other reproduction cannot be given in the aforesaid manner, a specimen or copy of the mark may be sent either of full size or on a reduced scale and in such a form as the Registrar may consider appropriate.

37. Transliteration and translation of mark

Where a mark consists of or contains a word or words in characters other than Roman, the application, and the additional reproductions of the mark, shall be accompanied, unless the Registrar otherwise directs, by a sufficient transliteration and translation to the satisfaction of the Registrar.

38. Declaration of priority and translation of earlier application

(1) Where priority is claimed in an application for a registration of a mark, a declaration in terms of section 76(2) of the Act, shall indicate—

(a) a certified copy of the application earlier filed;

(b) the date of the earlier application; and

(c) the country in which the earlier application was filed or, where the earlier application is a regional or an international application, the office with which it was filed and the country or countries for which it was filed.

(2) Where at the time of filing the declaration referred to in subregulation (1), a certified copy of the application earlier filed is not found, that copy shall be furnished within three months from the date on which the application containing the declaration was filed:

(3) Where the priorities of two or more earlier applications are claimed, in accordance with subregulation (1), the indication relating to those earlier applications may be included in a single declaration.

39. Withdrawal of application

(1) The withdrawal of an application for a mark shall be made by a written declaration signed by the applicant or his or her authorised agent and submitted to the Registrar.

(2) The application fee shall not be refunded if an application is withdrawn.

40. Acceptance of application, etc.

Subject to section 78(3) of the Act, if the Registrar accepts the application he or she shall notify the applicant in writing, requesting him or her to pay the publication fee within one month from the date of the notification, and, subject to the payment of the publication fee within the period prescribed, the Registrar shall proceed to publish the application setting out—

(a) the filing date and, where applicable, the priority date;

(b) the representation of the mark;

(c) the goods or services in respect of which the registration of the mark is requested, with an indication of the corresponding class or classes of the International Classification;

(d) the name and address of the applicant; and

(e) the name and address of the agent, if any.

41. Opposition for registration of mark

(1) Any person who wishes to oppose the registration of mark shall file with the Registrar a notice of opposition within three months from the date of publication in the Journal.

(2) A notice of opposition referred to in subregulation (1) shall be—

(a) in Form 12 set out in Schedule 1;

(b) accompanied by the fee set out in Schedule 2; and

(3) The counter-statement required under section 79(2) of the Act shall be given within two months from the date the notice of opposition is received by the applicant, in writing, stating the grounds upon which the applicant relies for his or her application and accompanied by supporting evidence, if any.

42. Registration of mark, publication of reference, issuance of certificate

(1) Subject to section 80 of the Act, where an application for the registration of a mark—

(a) has not been opposed within the prescribed time limit; or

(b) has been opposed and the opposition has been rejected,

the Registrar shall register the mark and issue to the applicant a certificate of registration in Form 13 set out in Schedule 1, upon payment of the registration fee set out in Schedule 2.

(2) The Registrar shall allocate to each mark he or she registers the same number as the number allocated under regulation 35.

(3) The registration of a mark shall include—

(a) a representation of the mark;

(b) the number of the mark;

(d) the name and address of the agent, if any;

(e) the filing date and date of registration;

(f) if priority has been claimed and the claim has been accepted, the country or countries in which or for which the earlier application was filed; and

(g) the list of goods or services in respect of which the registration of the mark had been made with an indication of the corresponding class or classes of the International Classification.

(4) The publication of a reference to the registration of a mark under section 80(1)(c) of the Act shall contain the particulars specified in subregulation (3).

43. Renewal of registration of mark

(1) A request for renewal of the registration of a mark under section 85(1) of the Act shall—

(a) be made during the six month period preceding the expiry of the registration;

(b) be signed by the registered owner or his or her authorised agent; and

(2) Where the owner is late in applying for the renewal as provided for under section 85(2) of the Act, he or she shall pay a surcharge set out in Schedule 2.

(3) The renewal of the registration of a mark shall be recorded in the register and shall be published in the Journal.

(4) The Registrar shall mark the original certificate as renewed and provide the next date of expiry.

44. Invalidation of registration of mark

(1) An application under section 86(1) of the Act to invalidate the registration of a mark, shall be made in Form 23 set out in Schedule 1 together with the payment of the fee set out in Schedule 2.

(2) A copy of the application under subregulations (1) and (2) shall be served on the owner of the registered mark by the applicant and filed with the Registrar.

(3) The invalidation of a registered mark shall be published in the Journal.

45. Removal on the ground of non-use

(1) An application under section 87(3) of the Act, to remove a mark from the register on grounds of non-use, shall be made in Form 15 set out in Schedule 1 together with the payment of the fee set out in Schedule 2.

(2) A copy of the application under subregulation (1) shall be served on the owner of the registered mark by the applicant and filed with the Registrar.

(3) The removal of a mark from the register on the grounds of non-use shall be published by notice in the Journal.

46. Reinstatement of lapsed mark rights

A request for reinstatement of a lapsed mark under section 88 of the Act shall be made to the Registrar in writing within two months of the lapse of rights over the mark, subject to the payment of the reinstatement fee set out in Schedule 2.

47. Collective marks

Regulations 34 to 46 shall apply, with the necessary modifications, to collective marks subject to the following—

(a) an application for registration of a collective mark shall not be accepted unless, in the application for registration, the mark is designated as a collective mark, and unless the application is accompanied by a copy of the rules governing the use of the mark, duly certified by the applicant;

(b) the rules governing the use of the collective mark shall—

(i) define the common characteristics or quality of the goods or services which the collective mark shall designate and the conditions under which, and the persons by whom, it may be used,

(ii) shall provide for the exercise of effective control of the use of the mark in compliance with those rules, and

(iii) shall determine adequate sanctions for any use contrary to the said rules;

(d) the publication of a reference to the registration of the collective mark, in accordance with regulation 52(1), shall include a summary of the rules appended to the registration;

(e) all notification of changes effected in the rules governing the use of the mark shall be in writing;

(f) all notifications of changes shall be recorded in the register and shall be published by notice in the Journal, and all changes in the rules shall be regarded as having no effect until such recording; and

(g) for the purposes of use of the collective mark under section 87(1) of the Act the registered owner of a collective mark may use the mark himself or herself provided it is also used by other authorised persons in accordance with the rules governing such use.

PART VII
International Registration under the Madrid Protocol (regs 48-52)

48. Initial examination of international applications

The Registrar shall forward an international application to the International Bureau in compliance of section 94(2) of the Act upon the applicant paying the transmittal fee set out in Schedule 2.

49. Collective and certification marks

The holder of an international registration designating Botswana of a collective mark or a certification mark shall submit to the office within two months the rules governing the use of the collective mark or a certification mark.

50. Replacement of internationally registered mark

A request of the holder of an internationally registered mark, to record a note of that international registration in the register of the mark that was registered in Botswana, in terms of section 103(2), shall pay the fee as set out in Schedule 2.

51. Transformation

An application for registration of a cancelled international registration in terms of section 104(4) of the Act, shall be made in Form 16 set out in Schedule 1 accompanied by the fee set out in Schedule 2.

52. Opposition of registration of internationally registered mark

(1) Any person who wishes to oppose the registration of internationally registered mark shall file, with the Registrar a notice of opposition within three months from the date of publication in the Journal.

(2) A notice of opposition referred to in subregulation (1) shall be—

(a) in Form 12 set out in Schedule 1;

(b) accompanied by the fee set out in Schedule 2; and

(3) The counter-statement required under section 99(2) of the Act shall be given within two months from the date the notice of opposition is received by the applicant, in writing, stating the grounds upon which the applicant relies for his or her application and accompanied by supporting evidence, if any.

PART VIII
Geographical Indications (regs 53-58)

53. Application for registration of geographical indication

Subject to section 107 of the Act, an application for the registration of a geographical indication shall—

(a) be made in Form 17 set out in Schedule 1;

(b) be signed by the applicant or his or her authorised agent;

(d) be accompanied by the fee set out in Schedule 2.

54. Marking of application for registration of geographical indication

(1) Upon receipt of an application for the registration of a geographical indication made under regulation 53, the Registrar shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters “BW”, slant, the letter “G”, slant, the four-digit numbers of the year in which the initial papers were received, slant, and a five-digit number allocated in the sequential order in which applications are received.

(3) The application number allocated under subregulation (1) shall be quoted in all subsequent communications concerning the application.

55. Acceptance of application, etc.

If the Registrar accepts the application for a geographical indication he or she shall proceed to publish the application subject to the payment of the fee set out in Schedule 2 setting out—

(a) the filing date and, where applicable, the priority date;

(b) the representation of the geographical indication;

(d) the name and address of the applicant;

(e) the name and address of the agent, if any;

(f) the definition of the geographical area from which the designated product originates; and

(g) the particulars of the certifying authority.

56. Opposition for registration of geographical indication

(1) Any person who wishes to oppose the registration of a geographical indication shall file with the Registrar a notice of opposition within three months from the date of the publication of the application in the journal.

(2) A notice of opposition referred to in subregulation (1) shall—

(a) be in Form 18 set out in Schedule 1;

(b) be accompanied by a fee set out in Schedule 2; and

(3) The counter-statement required in terms of section 109(2) of the Act, shall be given within two months from the date the notice of opposition is received by the applicant, in writing, stating the grounds upon which the applicant relies for his or her application and accompanied by supporting evidence, if any.

57. Registration of geographical indication and issuance of certificate

(1) Subject to section 108 of the Act, where an application for the registration of a geographical indication—

(a) has not been opposed within the prescribed time limit; or

(b) has been opposed and the opposition has been rejected,

the Registrar shall register the geographical indication and issue to the applicant a certificate of registration in Form 19 set out in Schedule 1 upon payment of the registration fee set out in Schedule 2.

(2) The Registrar shall allocate to each geographical indication he or she registers the same number as the number allocated under regulation 54.

(3) The registration of a geographical indication shall include—

(a) a representation of the geographical indication;

(b) the number of the geographical indication;

(d) the name and address of the agent, if any;

(e) the filing date and date of registration;

(f) if priority has been claimed and the claim has been accepted, the country or countries in which or for which the earlier application was filed;

(g) the list of products in respect of which the registration of the geographical indication had been made;

(h) definition of geographical area from which the designated product originates;

(i) description of the method of producing or obtaining the product; and

(j) details of the link between quality of the product and its geographical origin.

(4) The publication of the reference to the registration of a geographical indication under subregulation (1) shall contain the particulars specified in subregulation (3).

58. Invalidation of registered geographical indication

(1) An application under section 113(1) of the Act, to invalidate the registration of a geographical indication, shall be made in Form 23 set out in Schedule 1 accompanied by the fee set out in Schedule 2.

(2) A copy of an application made under subregulation (1) shall be served on the owner of the registered geographical indication by the applicant and filed with the Registrar.

(3) The invalidation of a registered geographical indication shall be published in the Journal.

PART IX
Traditional Knowledge and Handicrafts (regs 59-61)

59. Registration of traditional knowledge

An application for the registration of traditional knowledge shall be made in Form 20 set out in Schedule 1 and shall be accompanied by the fee set out in Schedule 2.

60. Registration of handicrafts

An application for the registration of a handicraft shall be made in Form 21 set out in Schedule 1 and shall be accompanied by the fee set out in Schedule 2.

61. Marking of application for traditional knowledge and handicrafts

(1) Upon receipt of an application for the registration of a traditional knowledge or handicrafts made under regulations 59 or 60, the Registrar shall mark, on each document making up the application, the actual date of receipt and the application number consisting of the letters “BW”, slant, the letter “T”, for traditional knowledge and the letter “H” for handicrafts, slant, the four-digit numbers of the year in which the initial papers were received, slant, and a five-digit number allocated in the sequential order in which applications are received.

(3) The application number allocated under subregulation (1) shall be quoted in all subsequent communications concerning the application.

PART X
General (regs 62-66)

62. Changes in ownership, etc.

(1) Any request, under section 128 of the Act, for the recording of a change of ownership of a title granted under the Act or of an application therefor shall be made to the Registrar in Form 22 set out in Schedule 1 and shall be subject to the payment of the fee set out in Schedule 2.

(2) The following documents shall be adequate to allow for the change of ownership—

(a) for an assignment—

(i) a deed of assignment, or

(ii) a Power of Attorney, where necessary;

(b) for a cession, a statement of undertaking from the present owner; and

(i) a written declaration from the claimant, or

(ii) a will, or a statement of claim countersigned by a tribal leader or such statement made under oath administered by a recognised Commissioner of Oaths.

(3) The publication of the change of ownership shall specify—

(a) the title of protection concerned;

(b) the filing date, the priority date, if any, and the date of registration or grant;

(d) the nature of the change of ownership.

(4) A licence contract submitted for recording under section 129 of the Act shall be accompanied by the fee set out in Schedule 2.

63. Excluded days

When the last day for doing of any act or taking any proceeding falls on a day when the Office is not open to the public for business, it shall be lawful to do the act or to take the proceeding on the day when the Office is next open for business.

64. Inspection of registers, etc.

(1) Inspection of the registers shall be subject to the payment of the fee set out in Schedule 2.

(2) Requests for certified copies of extracts from a register or for copies of documents shall be subject to the payment of the fee set out in Schedule 2.

65. Extension of time for applications

An extension of time granted by the Registrar under section 133 of the Act shall be six months.

66. Corrections of error

Corrections of errors in the register, in accordance with section 131 of the Act, shall be made by the Registrar upon receipt of a request in writing, by an interested person and subject to the payment of the fee set out in Schedule 2.

SCHEDULE 1
FORMS

FORM 1
APPLICATION FOR A PATENT OR UTILITY MODEL CERTIFICATE

(reg. 3)

MARKS. PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
APPLICATION FOR A PATENT OR UTILITY MODEL CERTIFICATE
For Official Use
Date of Receipt by Registrar’s Office:
To: The Registrar [Address]	APPLICATION No.:
	(Office’s Stamp)

	FILING DATE:
	Applicant’s or Representative’s File Reference:
THE APPLICANT(S) REQUEST(S) THE GRANT OF A
		PATENT			UTILITY MODEL CERTIFICATE
IN RESPECT OF THE FOLLOWING PARTICULARS:
I.	TITLE OF INVENTION:
II.	APPLICANT(S) FIND* * >(The data concerning each applicant must appear in this box or, if the space is insufficient, in the supplementary box.)>
	Additional information is contained in supplemental box
	Name:
	Address:
	Nationality:
	Country of residence or
	principal place of business:
	Tel No.:	Telegraphic Address:	Telex No.:	Fax No:
(Form 1, first page)

Form No. 1 (cont’d)

III.	AGENT
	The following agent has been appointed by the applicant(s) in the power of attorney:
	accompanying this Form	to be filed within one month from the filing of this Form
	Name:
	Address:
	Tel No.:	Telegraphic Address:	Telex No.:	Fax No.:
IV.	INVENTOR
	The inventor is the applicant	Additional information is contained in supplemental box
	If inventor is not the applicant:
	Name:
	Address:
	The statement justifying the applicant’s right accompanies this form
V.	DIVISIONAL APPLICATION
	This application is a divisional application . The benefit of the filing date priority date of the initial application is claimed in as much as the subject matter of the present application is contained in the initial application identified below.

	Initial Application No.:
	Date of filing of initial application:
(Form 1, second page)

Form No. 1 (cont’d)

VI.	DISCLOSURES TO BE DISREGARDED FOR PRIOR ART PURPOSES

	Disclosure occurred not more than six months before the filing date or priority date of the present application

		by reason or in consequence of acts of the applicant or his predecessor in title.

		of an abuse committed by a third party with regard to the rights of the applicant or his predecessor in title.

		Additional information is contained in a statement accompanying this Form.

VII.	PRIORITY DECLARATION (if any)

	The priority of (an) earlier application(s) is claimed as follows

	The priority of more than one earlier application is claimed; the data are indicated in the supplementary box

	Country (if the earlier application is a regional or international application, indicate the office with which and the countries for which it was filed):	Filing date:
	Application No.:

		Symbol of the International Patent Classification:
			not yet allocated
	The certified copy of the earlier application accompanies this Form. will be furnished upon request by the Registrar, as prescribed by Rule 20(5).
	The English translation of the earlier application accompanies this Form. will be furnished upon request, as prescribed by Rule 20(6).
(Form 1, third page)

Form No. 1 (cont’d)

VIII.	SUPPLEMENTAL BOX FIND* * >(Use this box if any of the boxes is not large enough to contain information to be furnished. Indicate the boxes continued in this box by their roman numerals and title (e.g., “II. APPLICANT(S) (continued)”).>













(Form 1, fourth page)

Form No. 1 (cont’d)

IX.	CHECK LIST (TO BE FILLED IN BY THE APPLICANT(S))
A.	This application contains the following:	B.	This Form, as filed, is accompanied by the items ticked below:
1.	request…………………..sheet(s)		separate signed power of attorney
2.	description………………sheet(s)
3.	claim(s)………………….sheet(s)		statement justifying the applicant’s right
4.	abstract………………….sheet(s)		statement that certain disclosures be disregarded
5.	drawings…………………sheet(s)		priority document(s)(certified copy of earlier application(s)
	Total sheets		English translation of earlier application(s) on which priority declared is based
C.	Figure number…….. of the drawings (if any) is suggested to accompany the abstract for publication		application fee
		other document(s)(specify)

X.	SIGNATURE(S)FIND*”/>

	…………………………………………….(Applicant(s)/Agent)	……………………….. (Date)
	……………………………………………(Applicant(s)/Agent)	……………………….. (Date)
	* >Type name(s) under signature.>
	TO BE FILLED IN BY THE REGISTRAR

	1. Date of receipt of corrections or later filed documents completing the application:


	2. Date fees received:

Form No. 1, fifth and last page

FORM 2
PATENT PUBLICATION

(reg. 15)

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
(19) Marks, Patents Designs Office	(11) Publication Number:


	(45) Publication Date:

	(51) IPC:**


(12) * PATENT**

(21) Application Number:	(73) Owner(s):
(22) Filing Date
(31) Priority Number:	(72) Inventor(s):
(32) Priority Date:
(33) Priority Country:	(74) Agent:

(54) Title:

(57) >Abstract:
* This indication and the footnotes do not appear on the first page of the utility model certificate.
(Form 2 only page)

** >International Patent Classification.>
*** >The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes), as defined in WIPO Standard ST.9, whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied.>

FORM 3
CERTIFICATE OF GRANT OF PATENT/UTILITY MODEL CERTIFICATEFIND*”/>

(reg. 16(1)))

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
In accordance with section 23(3)(a) of the Industrial Property Act, 2010, it is hereby certified that a patent/utility model certificateFIND*”/> having the Number …………………………………. has been granted to:
	Name:
	Address:
on ……………………….. (date), in respect of an invention disclosed in an application for that patent/utility model certificateFIND*”/> having the following:

	filing date:
	priority date:

being an invention for: …………………………………………………………………………………
(title)

Dated this…………………………………….., day of……………………………….., 20 ……………….

		………………………………… Registrar
(Form 3, only page)

* >Delete whichever does not apply.>

FORM 4
GRANT OF PATENT

(reg. 16(1)))

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
(19) Marks, Patents Designs Office	(11) Publication Number:


“Logo”	(45) Publication Date:


	(51) IPC**

(12) *** PATENT

(21) Application Number:	(73) Owner(s):
(22) Filing Date
	(72) Inventor(s):
(31) Priority Number:
(32) Priority Date:
	(74) Agent:
(33) Priority Country:
(54) Title:

(57) >Abstract:

(57) Claims:
* This indication and the footnotes do not appear on the first page of the utility model certificate.
(Form 4 only page)

>** International Patent Classification.
*** The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes), as defined in WIPO Standard ST.9, whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied.>

FORM 5
REQUEST FOR COMPULSORY LICENSE

(reg. 19)

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
To: The Registrar [Address]	For Official Use
	Received on:
	Applicant’s Representative’s File Reference:
I. IN THE MATTER OF: Patent Application No.
	Filing Date:
Application for Utility Model Certificate No.
	Filing Date:
Patent No.
	Filing Date:
Utility Model Certificate No. :
	Filing Date:
II. APPLICANT(S)/OWNER(S)FIND*”/>
Name:
Address:
III. REQUEST
The Registrar is hereby requested to grant the compulsory license for the above- identified ……………………………………………………… **
The applicant(s)/owner(s)FIND*”/> is/are identified above.
The licensor(s) is/areFIND*”/> identified below.
Form 5, first page)

*> Delete whichever does not apply.>
** >Delete whichever does not apply and type name(s) under signature.>

Form 5 (cont’d)

IV. LICENSOR(S)
Name:
Address:
Nationality:
Country of residence or Principal place of business:
Tel. No:	Telegraphic address:
Telex No.	Fax No:
V. ADDITIONAL INFORMATION
The following items accompany this form:
……………………………………. Scope and function of the licence
……………………………………. Documents evidencing time limit for the exploitation of the patent
……………………………………. Documents evidencing the conditions and amount of remuneration to be paid to the patentee.
……………………………………. Documents evidencing refusal to issue a licence by the patent owner.
VI SIGNATURES
…………………………………………………….	(Licensor)	(Date) ……………………..
…………………………………………………….	(Licensor)	(Date) ……………………..
…………………………………………………….	(Licensor)	(Date) ……………………..

(Form 5, second and last page)

FORM 6
GRANT OF UTILITY MODEL CERTIFICATE

(reg. 21(3))

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
(19) Marks, Patents and Designs Office	(11) Publication Number:


“Logo”
	(45) Publication Date:



(12) UTILITY MODEL CERTIFICATE**

(21) Application Number:	(73) Owner(s):
(22) Filing Date
	(72) Inventor(s):
(31) Priority Number:
(32) Priority Date:
	(74) Agent:
(33) Priority Country:

(54) Title:

(57) Abstract:

* This indication and the footnotes do not appear on the first page of the utility model certificate.
(Form> 6 only page)

** >The numbers in parentheses before the bibliographic data are the Internationally Agreed Numbers for the Identification of Data (INID codes), as defined in WIPO Standard ST. 9, whereby the various bibliographic data appearing on the first page of a patent document can be identified without knowledge of the language used and the industrial property laws applied.>

FORM 7
APPLICATION FOR REGISTRATION OF INDUSTRIAL DESIGN

(reg. 23(1)(b))

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
To: The Registrar [Address]
For Official Use
Date of Receipt by Registrar’s Office:
	APPLICATION No.:
	(Office’s Stamp)

	FILING DATE:
	Applicant’s or Representative’s File Reference:
THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING INDUSTRIAL DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS:
I.	APPLICANT(S)FIND* * >The data concerning each applicant must appear in this box or, if the space is insufficient, in the supplementary box.>
	Additional information is contained in supplemental box
	Name:
	Address:
	Nationality:
	Country of residence or principal place of business:

	Tel No.:	Telegraphic Address:	Telex No.:	Fax No:
(Form 7, first page)

Form 7 (cont’d)

II.	AGENT

	The following agent has been appointed by the applicant(s) in the power of attorney-

		accompanying this Form		to be filed within one month from the filing of this Form

	Name:

	Address:

	Tel. No.: Telegraphic Address: Telex No.: Fax No.:

III.	REPRESENTATIONS OF THE INDUSTRIAL DESIGN; SPECIMEN

	This Form is accompanied by-

		four graphic representations

		four drawings or tracings

		a specimen of the industrial design

IV.	CREATOR

		The creator is the applicant	Additional information is contained in supplement box


	If creator is not the applicant:

	Name:
	Address:
	The statement justifying the applicant’s right accompanies this form

(Form 7, second page)

Form 7 (cont’d)

V.	PRODUCTS

	The kind of products for which the industrial design is to be used is (are) the following:

VI.	PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows:

	Country:	Filing Date:
		Application No.:

	The priority of more than one earlier application is claimed; the data are indicated in the supplemental box

	The certified copy of the earlier application-

	accompanies this Form
	will be furnished within three months of the filing of this Form

VII.	FEES	accompany this Form

VIII.	SUPPLEMENTAL BOX *




(Form 7 third page)

* >Use this box if any of the boxes is not large enough to contain information to be furnished. Indicate the boxes continued in this box by their Roman numerals and title (e.g., “II. APPLICANT(S) (continued)”).>

Form 7 (cont’d)


SUPPLEMENTAL BOX (cont’d)







IX.	SIGNATURE(S)
	…………………………………….(Applicant(s)/AgentFIND*”/>)	………………………………… (Date)
	……………………………………(Applicant(s)/Agent FIND*”/>)	………………………………. (Date)
	* >Type name(s) under signature and delete whichever does not apply.>

	TO BE FILLED IN BY THE REGISTRAR
	1. Date application received:
	2. Date of receipt of corrections, later filed papers completing the application:
	3. Date fees received:
(Form 7, fourth and last page)

FORM 8
CERTIFICATE OF REGISTRATION OF INDUSTRIAL DESIGN

(reg. 26(1))

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
In accordance with section 50(2)(a) of the Industrial Property Act, 2010, it is hereby certified that an industrial design having the registration
	No …………………………………………………………………………… has been registered for
	Name:
	Address:
	on ………………………………………………………………………………………………………. (date)
in respect of an industrial design disclosed in an application for registration of that industrial design, having the following
	filing date:
	priority date:
being an industrial design for: …………………………………………………………………………………
		(products)
created by:
	Name:
	Address:
A copy of the reproduction of the industrial design accompanies this Certificate.

Dated this ………………………………………, day of …………………………………….. 20 ………
		…………………………………. Registrar
(Form 8, only page)

FORM 9
APPLICATION FOR REGISTRATION OF LAYOUT DESIGNS OF INTEGRATED CIRCUITS

(reg. 30)

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
To: The Registrar [Address]
For Official Use
Date of Receipt by Registrar’s Office:
	APPLICATION No.:
	(Office’s Stamp)

	FILING DATE:
	Applicant’s or Representative’s File Reference:
THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING LAYOUT DESIGN BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS:
I.	APPLICANT(S) FIND* * >The data concerning each applicant must appear in this box or, if the space is insufficient, in the supplementary box.>
	Additional information is contained in supplemental box
	Name:
	Address:
	Nationality:
	Country of residence or principal place of business:

	Tel No.:	Telegraphic Address:	Telex No.:	Fax No:
(Form 9, first page)

Form 9 (cont’d)

II.	AGENT

	The following agent has been appointed by the applicant(s) in the power of attorney-

		accompanying this Form		to be filed within one month from the filing of this Form

	Name:

	Address:

	Tel. No.: Telegraphic Address: Telex No.: Fax No.:

III.	REPRESENTATIONS OF THE INDUSTRIAL DESIGN; SPECIMEN

	This Form is accompanied by-

		four graphic representations

		four drawings or tracings

		a specimen of the industrial design

IV.	CREATOR

		The creator is the applicant	Additional information is contained in supplement box


	If creator is not the applicant:

	Name:
	Address:
	The statement justifying the applicant’s right accompanies this form

(Form 9, second page)

Form 9 (cont’d)

V.	PRODUCTS

	The kind of products for which the industrial design is to be used is (are) the following:

VI.	EXPLOITATION
	Date of first exploitation: Country of first exploitation:
VI.	PRIORITY CLAIM (if any)

	The priority of an earlier application is claimed as follows:

	Country:	Filing Date:
		Application No.:

	The priority of more than one earlier application is claimed; the data are indicated in the supplemental box

	The certified copy of the earlier application

	accompanies this Form
	will be furnished within three months of the filing of this Form

VII.	FEES	accompany this Form

VIII.	SUPPLEMENTAL BOX *




(Form 9 third page)

Form 9 (cont’d)


SUPPLEMENTAL BOX (cont’d)







IX.	SIGNATURE(S)
	…………………………………….(Applicant(s)/AgentFIND*”/>)	………………………………… (Date)
	……………………………………(Applicant(s)/Agent FIND*”/>)	………………………………. (Date)


	TO BE FILLED IN BY THE REGISTRAR
	1. Date application received:
	2. Date of receipt of corrections, later filed papers completing the application:
	3. Date fees received:
(Form 9, fourth and last page)

*Type name(s) under signature and delete whichever does not apply.>

FORM 10
CERTIFICATE OF REGISTRATION OF A LAYOUT DESIGN

(reg. 33(1))

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
In accordance with section 68(2)(a) of the Industrial Property Act, 2010, it is hereby certified that the layout design having the registration
	No …………………………………………………………………………… has been registered for
	Name:
	Address:
	on ………………………………………………………………………………………………………. (date)
in respect of the layout design disclosed in an application for registration of that the layout design, having the following
	filing date:
	priority date:
being an industrial design for: …………………………………………………………………………………
		(products)
created by:
	Name:
	Address:
A copy of the reproduction of the industrial design accompanies this Certificate.

Dated this ………………………………………, day of …………………………………….. 20 ………
		…………………………………. Registrar
(Form 10, only page)

FORM 11
APPLICATION FOR REGISTRATION OF A MARK

(reg. 34(a))

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
To: The Registrar [Address]
For Official Use
Date of Receipt by Registrar’s Office:
	APPLICATION No.:
	(Office’s Stamp)

	FILING DATE:
	Applicant’s or Representative’s File Reference:
I.	THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS:

	Name:
	Address:
	Nationality:
	Country of residence or principal place of business:

	Tel No.:	Telegraphic Address:	Telex No.:	Fax No:
II.	AGENT
	The following agent has been appointed by the applicant(s) in the power of attorney
		accompanying this Form		to be filed within one month from the filing of this Form
	Name:
	Address:
	Tel. No.:	Telegraphic Address		Telex No.:	Fax No.:
(Form 11, first page)

Form 11 (cont’d)

III.	COLLECTIVE MARK

	This application for registration concerns a collective mark

	The regulations governing the use of the collective mark are attached

IV.	REPRODUCTION OF MARK
		Three additional reproductions on separate sheet are affixed
		Transliteration accompanies application
		Translation accompanies application
		Fees accompany application

V.	CLASSES
Registration is requested in respect of the following goods and/or services, listed under the applicable classes of the International Classification:FIND*”/>

VI.	ADDITIONAL INFORMATION accompanies this Form (specify)

VII.	SIGNATURE(S)

	……………………………. (Applicant(s)/Agent) **	…………………………. (Date)
	…………………………….. (Applicant(s)/Agent) **	…………………………. (Date)
(Form 11, second and last page)

* >Continue on a separate sheet, if the space provided is insufficient.>
** >Type name(s) under signature and delete whichever does not apply.>

FORM 12
NOTICE OF OPPOSITION FOR THE REGISTRATION OF A MARK

(reg. 41(2)(a))

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
To: The Registrar [Address]	For Official Use
	Notice received on:
	No. of Opposition:
	Opponent’s or Representative’s File Reference
In the matter of Application No. ………………………………………………… for registration of a mark
I/We,FIND*”/> ……………………………………………………………………………………………………………..
of …………………………………………………………………………………………………………………….
give notice of our opposition to the registration of the above identified mark published for Class(es) ……………………………. in the Official Journal of the ……………………………….. day of …………….
………………………………………………………….20…….., No…………………., page ………………..
The grounds for this opposition are as follows: **





(Form 12, first Page)

* >Delete whichever does not apply.>
** >Continue on a separate sheet, if the space provided is insufficient.>

Form 12 (cont’d)

Name of agent (if any):
Address of Agent:
Supporting evidence accompanies this Form
Power of attorney accompanies this Form
Fees accompany this Form
Signature ……………………………………Opponent(s)/Agent) FIND*”/>	Date……………………………..
…………………………………..Opponents(s)/Agent) FIND*”/>	Date……………………………..
(Form 12, second and last page)

* >Delete whichever does not apply and type name(s) under signature.>

FORM 13
CERTIFICATE OF REGISTRATION OF A MARK

(reg. 42(1))

MARKS, PATENTS AND DESIGNS OFFICE

INDUSTRIAL PROPERTY ACT, 2010

In accordance with section 80(1)(b) of the Industrial Property Act, 2010, it is hereby certified that the mark (being a collective mark)FIND*”/> shown below**

Has been registered under No. ………………………..

as of the………………………………………………………. in Class(es)……………………
(Date)

in respect of the following goods or services: ***

in the name of ……………………………………………………………………………………………………..

address ……………………………………………………………………………………………………………..

Dated this………………………………………….. day of………………………………. 20…………………

…………………………………………………
Registrar

Registration is for ten years from the date first above-mentioned and may then be renewed for additional successive ten-year-periods. This certificate is not for use in legal proceedings or for obtaining registration abroad.

(Form 13, only page)

* >Delete if necessary.>
** >Insert/attach reproduction of the mark.>
*** >Continue on separate sheet, if the space provided is insufficient.>

FORM 14
REQUEST FOR RENEWAL OF THE REGISTRATION OF A MARK

(reg. 43(1)(c))

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
To: The Registrar [Address]
For Official Use
Date of Receipt by Registrar’s Office:
	APPLICATION No.:
	(Office’s Stamp)

	FILING DATE:
	Applicant’s or Representative’s File Reference:
I.	THE APPLICANT(S) REQUEST(S) THE RENEWAL OF THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS:

	Name:
	Address:
	Nationality:
	Country of residence or principal place of business:

	Tel No.:	Telegraphic Address:	Telex No.:	Fax No:
II.	AGENT
	The following agent has been appointed by the applicant(s) in the power of attorney
		accompanying this Form		to be filed within one month from the filing of this Form
	Name:
	Address:
	Tel. No.:	Telegraphic Address		Telex No.:	Fax No.:
(Form 14, first page)

Form 14 (cont’d)

III.	COLLECTIVE MARK

	This application for registration concerns a collective mark

	The regulations governing the use of the collective mark are attached

IV.	REPRODUCTION OF MARK
		Three additional reproductions on separate sheet are affixed
		Transliteration accompanies application
		Translation accompanies application
		Fees accompany application

V.	CLASSES
Registration is requested in respect of the following goods and/or services, listed under the applicable classes of the International Classification:FIND*”/>

VI.	ADDITIONAL INFORMATION accompanies this Form (specify)

VII.	SIGNATURE(S)

	……………………………. (Applicant(s)/Agent) **	…………………………. (Date)
	…………………………….. (Applicant(s)/Agent) **	…………………………. (Date)
(Form 14, second and last page)

* >Continue on a separate sheet, if the space provided is insufficient.>
** >Type name(s) under signature and delete whichever does not apply.>

FORM 15
APPLICATION TO REMOVE A MARK ON GROUNDS OF NON-USE

(reg. 45)

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
To: The Registrar [Address]	For Official Use
	Notice received on:
	No. of Opposition:
	Opponent’s or Representative’s File Reference
In the matter of Application No. ………………………………………………… for registration of a mark
I/We,FIND*”/> …….. ………………………………………………………………………………………………………
of …………………………………………………………………………………………………………………….
make an application to remover from the register a mark of the above identified mark published for Class(es) …………………………… in the Official Journal of the …………………………….. day of …………….
………………………………………………………….20…….., No…………………., page ………………..
The grounds for this opposition are as follows: **





(Form 15, first Page)

* >Delete whichever does not apply.>
** >Continue on a separate sheet, if the space provided is insufficient.>

Form 15 (cont’d)

Name of agent (if any):
Address of Agent:
Supporting evidence accompanies this Form
Power of attorney accompanies this Form
Fees accompany this Form
Signature ……………………………………(Opponent(s)/Agent) FIND*”/>	Date……………………………..
…………………………………..(Opponents(s)/Agent) FIND*”/>	Date……………………………..
(Form 15, second and last page)

* >Delete whichever does not apply and type name(s) under signature.>

FORM 16
APPLICATION TO TRANSFORM AN INTERNATIONAL REGISTRATION OF A MARK

(reg. 51)

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
To: The Registrar [Address]
For Official Use
Date of Receipt by Registrar’s Office:
	APPLICATION No.:
	(Office’s Stamp)

	FILING DATE:
	Applicant’s or Representative’s File Reference:
I.	THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A MARK IN RESPECT OF THE FOLLOWING PARTICULARS:

	Name:
	Address:
	Nationality:
	Country of residence or principal place of business:

	Tel No.:	Telegraphic Address:	Telex No.:	Fax No:
II.	AGENT
	The following agent has been appointed by the applicant(s) in the power of attorney
		accompanying this Form		to be filed within one month from the filing of this Form
	Name:
	Address:
	Tel. No.:	Telegraphic Address		Telex No.:	Fax No.:
(Form 16, first page)

Form 16 (cont’d)

III.	Statement that the application is made by transformation
IV.	International registration no: …………………………………………………………
V	Date of international registration: …………………………………………………..
VI	Date of cancellation of the international registration
	………………………………………………………………………………………………………………
VII	Priority claimed in the international registration
III.	COLLECTIVE MARK
	This application for registration concerns a collective mark
	The regulations governing the use of the collective mark are attached
IV.	REPRODUCTION OF MARK
		Three additional reproductions on separate sheet are affixed
	Transliteration accompanies application
	Translation accompanies application
	Fees accompany application

V.	CLASSES
	Registration is requested in respect of the following goods and/or services, listed under the applicable classes of the International Classification:FIND*”/>



(Form 16, second and last page)

* >Continue on a separate sheet, if the space provided is insufficient.>


VIII.	FEES


IX.	SIGNATURE(S)
	…………………………………….(Applicant(s)/AgentFIND*”/>)	………………………………… (Date)
	……………………………………(Applicant(s)/Agent FIND*”/>)	………………………………. (Date)

(Form 16, third and last page)

* >Type name(s) under signature and delete whichever does not apply.>

FORM 17
APPLICATION FOR REGISTRATION OF GEOGRAPHICAL INDICATION

(reg. 53(a))

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
To: The Registrar [Address]
For Official Use
Date of Receipt by Registrar’s Office:
	APPLICATION No.:
	(Office’s Stamp)

	FILING DATE:
	Applicant’s or Representative’s File Reference:
I.	THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF A GEOGRAPHICAL INDICATION IN RESPECT OF THE FOLLOWING PARTICULARS:

	Name:
	Address:
	Nationality:
	Country of residence or principal place of business:

	Tel No.:	Telegraphic Address:	Telex No.:	Fax No:
II.	AGENT
	The following agent has been appointed by the applicant(s) in the power of attorney
		accompanying this Form		to be filed within one month from the filing of this Form
	Name:
	Address:
	Tel. No.:		email address:	Fax No.:
(Form 17, first page)

Form 17 (cont’d)

III.	CERTIFYING AUTHORITY
	Name:
	Address:
	Tel. No.: email address: Fax No.:


IV.	REPRODUCTION OF GEOGRAPHICAL INDICATION
		Three additional reproductions on separate sheet are affixed
		Transliteration accompanies application
		Translation accompanies application
		Fees accompany application


V.	STATUS IN THE COUNTRY OF ORIGIN (evidence of protection in the country of origin, refer to section 106 (1)(e))


VI.	PRODUCTS
	The kind of products for which the geographical indication is to be used is (are) the following:

VII.	SPECIFICATION
specimen containing the following-
Name and description of the product to which the Geographical Indication applies,
Definition of geographical area from which the designated product originates,
(Form 17, second page)

Evidence that the product originates in the defined geographical area.
A description of the method of obtaining or producing the product, including as appropriate, the traditional local methods, and information concerning packaging if it is claimed that the packaging is relevant to the claimed characteristics or required to safeguard the quality or ensure the genuine origin of the product,
Details bearing out the link between the quality or characteristics of the product and its geographical origin,


VIII.	ADDITIONAL INFORMATION accompanies this Form (specify)FIND*”/>

IX.	SIGNATURE(S)
	…………………………………….(Applicant(s)/Agent)**	………………………………… (Date)
	……………………………………(Applicant(s)/Agent)**	………………………………. (Date)

(Form 17, third and last page)

* >Continue on a separate sheet, if the space provided is insufficient.>
** >Type name(s) under signature and delete whichever does not apply.>

FORM 18
NOTICE OF OPPOSITION FOR THE REGISTRATION OF A GEOGRAPHICAL INDICATION

(reg. 56(2)(a))

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010
To: The Registrar [Address]	For Official Use
	Notice received on:
	No. of Opposition:
	Opponent’s or Representative’s File Reference
In the matter of Application No. ………………………………………………… for registration of a
geographical indication
I/We,FIND*”/> ……………………………………………………………………………………………………………..
of …………………………………………………………………………………………………………………….
give notice of our opposition to the registration of the above identified geographical indication published for Class(es) …………………………………………. in the Official Journal of the …………………………….. day of
………………………………………………………….20…….., No…………………., page ………………..
The grounds for this opposition are as follows: **





(Form 18, first page)

* >Delete whichever does not apply.>
** >Continue on a separate sheet, if the space provided is insufficient.>

Form 18 (cont’d)

Name of agent (if any):
Address of Agent:
Supporting evidence accompanies this Form
Power of attorney accompanies this Form
Fees accompany this Form
Signature …………………………………… (Opponent(s)/Agent) FIND*”/>	Date……………………………..
………………………………….. (Opponents(s)/Agent) FIND*”/>	Date……………………………..
(Form 18, second and last page)

* >Delete whichever does not apply and type name(s) under signature .>

FORM 19
CERTIFICATE OF REGISTRATION OF GEOGRAPHICAL INDICATION

(reg. 57(1))

MARKS, PATENTS AND DESIGNS OFFICE

INDUSTRIAL PROPERTY ACT, 2010

In accordance with section 110(1)(b) of the Industrial Property Act, 2010, it is hereby certified that the geographical indication* shown below**

Has been registered under No. ………………………..

as of the……………………………………………………….

in respect of the following products***: ……………………………………………………….

originating from …………………………………………………………………………………………………..

in the name of………………………………………………………………………………………………………

address ……………………………………………………………………………………………………………..

Dated this………………………………………….. day of………………………………. 20…………………

…………………………………………………
Registrar

* Delete if necessary.

** Insert/attach reproduction of the mark.

*** Continue on separate sheet, if the space provided is insufficient.

(Form 19, only page)

FORM 20
REQUEST FOR REGISTRATION OF TRADITIONAL KNOWLEDGE

(reg. 59)

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010

To: The Registrar [Address]	For Official Use

Date of Receipt by Registrar’s Office:
	APPLICATION No.:
	(Office’s Stamp)

	FILING DATE:
	Applicant’s or Representative’s File Reference:
THE APPLICANT(S) REQUEST(S) THE REGISTRATION OF TRADITIONAL KNOWLEDGE IN RESPECT OF THE FOLLOWING PARTICULARS:
I.	TITLE OF THE TRADITIONAL KNOWLEDGE:

II.	APPLICANT(S) FIND*”/>
	Additional information is contained in supplemental box
	Name:
	Address:
	Nationality:
	Country of residence or principal place of business:

	Tel No.:	Telegraphic Address:	Telex No.:	Fax No:
(Form 20, first page)

* >The data concerning each applicant must appear in this box or, if the space is insufficient, in the supplementary box.>

Form 20 (cont’d)

III.	COMMUNITY REPRESENTATIVE/AGENT

	The following agent/community representative has been appointed by the applicant(s) in the Power of Attorney/letter of authorisation by community.

		accompanying this Form	to be filed within one month from the filing of this Form

	Name:

	Address:

	Tel. No.: Telegraphic Address: Telex No.: Fax No.:

IV.	DESCRIPTION OF TRADITIONAL KNOWLEDGE









(Form 20, second page)

Form 20 (cont’d)

VIII. SUPPLEMENTARY BOXFIND*”/>

* >(Use this box if any of the boxes is not large enough to contain information to be furnished. Indicate the boxes continued in this box by their roman numerals and title (e.g., “II. APPLICANT(S) (continued)”).>

Form 20 (cont’d)

IX. CHECKLIST (TO BE FILLED IN BY THE APPLICANT(S))

A. This application contains the following:	B.	This Form, as filed, is accompanied by the items ticked below:
1. request …………………………… sheet(s)		separate signed power of attorney
2. description ………………………. sheet(s)		statement justifying the applicant’s right

application fee
other document(s)(specify)

Total sheets


X. SIGNATURE(S)FIND*”/>

…………………………………….(Applicant(s)/Agent)	………………………………… (Date)

…………………………………….(Applicant(s)/Agent)	………………………………… (Date)

(Form 20, fourth and last page)

* >Type name(s) under signature.>

FORM 21
APPLICATION FOR REGISTRATION OF A HANDICRAFT

(reg. 60)

MARKS, PATENTS AND DESIGNS OFFICE INDUSTRIAL PROPERTY ACT, 2010

To: The Registrar [Address]	For Official Use

Date of Receipt by Registrar’s Office:
	APPLICATION No.:
	(Office’s Stamp)

	FILING DATE:
	Applicant’s or Representative’s File Reference:
THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING HANDICRAFT BE REGISTERED IN RESPECT OF THE FOLLOWING PARTICULARS:
I.	APPLICANT(S) FIND*”/>
	Name:
	Address:
	Nationality:
	Country of residence or principal place of business:

	Tel No.:	Telegraphic Address:	Telex No.:	Fax No:
(Form 21, first page)

* >The data concerning each applicant must appear in this box or, if the space is insufficient, in the supplementary box.>

Form 21 (cont’d)

II.	AGENT
	The following agent has been appointed by the applicant(s) in the power of attorney
	accompanying this Form	to be filed within one month from the filing of this Form
	Name:
	Address:

	Tel No.:	Telegraphic Address:	Telex No.:	Fax No.:
III.	REPRESENTATIONS OF THE HANDICRAFT
	This Form is accompanied by
	four representations of handicraft

IV.	CREATOR
	The creator is the applicant
	If creator is not the applicant:
	Name:
	Address:
	The statement justifying the applicant’s right accompanies this form
(Form 21, second page)

Form 21 (cont’d)

V. PRODUCTS


VI. PRODUCT DESCRIPTION
Description should include the following:
General characteristics of the use
Method of making
Preparation and use of raw materials
General description of the history and evolution of the handicraft









VII. FEES	accompany this Form
(Form 21, third page)

Form 21 (cont’d)

IX. SIGNATURE(S)
	…………………………………….(Applicant(s)/AgentFIND*”/>)	………………………………… (Date)
	……………………………………(Applicant(s)/AgentFIND*”/>)	………………………………. (Date)





TO BE FILLED IN BY THE REGISTRAR
1.	Date application received:
2.	Date of receipt of corrections, later filed papers completing the application:
3.	Date fees received:
(Form 21, fourth and last page)

* >Type name(s) under signature and delete whichever does not apply.>

FORM 22
RECORDAL OF CHANGE IN OWNERSHIP

(reg. 62(1))

MARKS, PATENTS AND DESIGNS OFFICE

INDUSTRIAL PROPERTY ACT, 2010

For Official Use

To:

The Registrar
[Address]

Received on:

Applicant’s or Representative’s File Reference

IN THE MATTER OF:

Patent Application No.:

Filing Date:

Application for Utility
Model Certificate No. :

Filing Date:

Application for Registration
of Industrial Design No. :

Filing Date:

Application for Registration
of Mark No.:

Date of Grant:

Patent No.:

Date of Grant:

Utility Model
Certificate No.:

Date of Grant:

Industrial Design No.:

Date of Registration:

Mark No.:

Date of Registration:

II.

APPLICANT(S)/OWNER(S) FIND*”/>

Name:

Address:

III.

REQUEST

The Registrar is hereby requested to record the change in ownership of the

above-identified ……………………………………………………………………. **

The present applicant(s)/owner(s)FIND*”/> is/are identified above.

The new applicant(s)/new owner(s)FIND*”/> is/are identified below.

(Form 22, first page)

* >Delete whichever does not apply.>
** >Indicate application or title concerned.>

Form 22 (cont’d)

IV.	NEW APPLICANT(S)/NEW OWNER(S)FIND*”/>
	Name:
	Address:
	Nationality:
	Country of residence or principal place of business:

	Tel No.:	Telegraphic Address:	Telex No.:	Fax No:
V.	ADDITIONAL INFORMATION
		The following items accompany this Form:
	The original or a certified copy of the document evidencing the change of ownership, \| signed by or on behalf of the contracting parties
	other documents evidencing the change in ownership (specify)
	fees
	other(specify)
	approval of the Minister**

VI.	SIGNATURES
	……………………………………… (New Applicant(s)/New Owner(s)***)	………………………….
	……………………………………… (New Applicant(s)/New Owner(s)***)	………………………….. (Date)
	…………………………………….. (Applicant(s)/Owncer(s)***)	………………………….
	…………………………………….. (Applicant(s)/Owner(s)***)	………………………….. (Date)

(Form 22, second and last page)

* >Delete whichever does not apply.>
** >Required where the request is in respect of a collective mark or application therefor.>
*** >Delete whichever does not apply and type name(s) under signature.>

FORM 23
NOTICE OF INVALIDATION

(all provisions relating to invalidation)

MARKS, PATENTS AND DESIGNS OFFICE

INDUSTRIAL PROPERTY ACT, 2010

For Official Use

Notice received on:

No. of invalidation:

To:

The Registrar
[Address]

Interested Party File Reference:

IN THE MATTER OF:

Patent No.:

Grant Date:

Utility Model No.:

Grant Date:

Industrial Design No.:

Registration Date:

Trademark No.:

Registration Date:

Geographical Indication No.:

Registration Date:

Layout Design No.:

Registration Date:

Traditional Knowledge And Handicraft No.:

Registration Date:

I/WeFIND*”/>, …………………………………………………………………………………………………………………………….

of ……………………………………………………………………………………………………………………………………….

give notice of our invalidation to the registration of the above identified published for Class(es) …………………………………………. in the Official Journal of the …………………………….. day of

………………………………………………………….20…….., No…………………., page ………………..

The grounds for this opposition are as follows: **

(Form 23, first page)

* >Delete whichever does not apply.>
** >Continue on a separate sheet, if the space provided is insufficient.>

Form 23(cont’d)

Name of agent (if any):
Address of Agent:
Supporting evidence accompanies this Form
Power of attorney accompanies this Form
Fees accompany this Form
Signature ……………………………………(Interested Party/Agent)FIND*”/>	Date……………………………..
……………………………………..(Interested Party/Agent)FIND*”/>	Date……………………………..
(Form 23, second and last page)

* >Delete whichever does not apply and type name(s) under signature.>

SCHEDULE 2
FEES

(all provisions relating to fees)

FEES FOR PATENTS, UTILITY MODEL CERTIFICATES, MARKS, DESIGNS, GEOGRAPHICAL INDICATIONS, LAYOUT DESIGNS, TRADITIONAL KNOWLEDGE

Matter or Proceeding	Amount of Fee in Pula
	Application by individuals or small entities	Application by bodies other than small entities
Patent and Utility Model Certificates
1. Application and Publication fee for a patent	150	300
2. Each divisional application for a patent (Form 1)	150	300
3. Application for a utility model certificate (Form 1)	90	180
4. Each divisional application for a utility model certificate (Form 1)	90	180
5. Amendment of application at instance of Applicant	20	40
6. Preparation of abstract by Registrar	20	40
7. Grant and publication fee	150	300
8. Annual fees for patents:
1st anniversary of filing	30	60
2nd anniversary of filing	120	240
3rd anniversary of filing	150	300
4th anniversary of filing	170	340
5th anniversary of filing	200	400
6th anniversary of filing	220	440
7th anniversary of filing	240	480
8th anniversary of filing	270	540
9th anniversary of filing	290	580
10th anniversary of filing	320	640
11th anniversary of filing	340	680
12th anniversary of filing	360	720
13th anniversary of filing	390	780
14th anniversary of filing	410	820
15th anniversary of filing	440	880
16th anniversary of filing	460	920

17th anniversary of filing	480	960
18th anniversary of filing	510	1020
19th anniversary of filing	530	1060
20th anniversary of filing	560	1120
9. Annual fees for utility model certificates:
1st anniversary of filing	50	100
2nd anniversary of filing	60	120
3rd anniversary of filing	70	140
4th anniversary of filing	80	160
5th anniversary of filing	90	180
6th anniversary of filing	100	200
7th anniversary of filing	110	220
10. Surcharge for late payment of annual fee	50	100
11. Request for extension of duration of a patent	310	620
12. Request for grant of a compulsory licence	120	240
13. Request for conversion of a patent application into an application for a utility model certificate and> vice versa	70	140
Industrial Designs
14. Application fee
(a) for registration of one design in one application	40	80
(b) for registration of each additional design in one application	20	40
15. Amendment of application on request of Applicant	25	50
16. Registration and publication fee	75	150
17. Renewal fee:
(a) first renewal	80	160
(b) second renewal	90	180
18. Surcharge for late payment of renewal fee	50	100
19. Inspection of a registered design	50	100
Marks


20. Application fee:
(a) for registration of a black and white mark in one class	150	300
(b) for registration of a coloured mark in one class	180	360
(c) for registration of mark in each additional class	30	60
21. Application Publication fee	90	180
22. Request for statement of grounds for decision of Registrar	120	240
23. Filing notice of opposition	30	60
24. Filing counter-statement	30	60
25. Fee for hearing in opposition proceedings (to be paid by applicant and by opponent)	50	100
26. Registration fee	180	360
27. Renewal fee:
(a) for mark in one class	120	240
(b) for a mark in each additional class	40	80
28. Surcharge for late payment or renewal fee	60	120
29. Amendment of application on request of Applicant	40	80
30. Filing request for removal of mark from Register on grounds of non-use	50	100
31. Re-instatement fee	300	600
32. Submission of Licensing contract
(a) for one registration	80	160
(b) for additional registration (in terms of section 92(5)	30	60
33. Request for replacement of an internationally registered mark (under the Madrid Protocol)	1050


34. Request for transformation of an international registration into a national registration	1050	2100
Layout Designs
35. Application for a Layout designs of Integrated circuits (Form 11)	120	240
36. Amendment of application on request of Applicant	30	60
37. Registration and publication fee	140	280
Geographical Indication
38. Application fee	250	500
39. Publication fee	90	180
40. Filing fee for notice of opposition	50	100
41. Filing fee for counter-statement	30	60
42. Registration fee	180	360
43 Amendment of application on request of Applicant	40	80
Traditional Knowledge and Handicrafts
44 Registration and publication fee	120	240
General
45. Filing request for recordal of change in Ownership	80	160
46. Submission for recordal of licence contract	80	160
47. Amendment of application at instance of Applicant	30	60
48. Certified copies of documents (per page)	10	20
49. Uncertified copies of documents (per page)	5	10
50. Change of address of proprietor/address for service	40	80

51. Filing request for hearing	80	160
52. Transmittal fees	300	600
53. Sale of Publication (Journal)	75
54. Request for invalidation (Form 17)	180	360
55. Correction of errors	30	60
56. Filing request for extension of time	80	160
57. Change of name	40	80

“Small entities” means any business concern –
(i) whose number of employees including those of its affiliates does not exceed 100 persons; and
(ii) which has not assigned, granted, conveyed, or licensed the title of protection or the right thereto, and is under no obligation under contract or law to do so.
The above-mentioned regarding the obligation to assign, etc, also applies to individuals. The Registrar shall determine whether any entity is eligible as a small entity.