Commission Regulation (EC) No 2245/2002Show full title

Article 69 U.K. Register of Community Designs

1. The Register may be maintained in the form of an electronic database.

2. The Register shall contain the following entries:

(a) the date of filing the application;

(b) the file number of the application and the file number of each individual design included in a multiple application;

(c) the date of the publication of the registration;

(d) the name, the address and the nationality of the applicant and the State in which he/she is domiciled or has his/her seat or establishment;

(e) the name and business address of the representative, other than an employee acting as representative in accordance with the first subparagraph of Article 77(3) of Regulation (EC) No 6/2002; where there is more than one representative, only the name and business address of the first named representative, the name being followed by the words ‘et al’, shall be recorded; where an association of representatives is appointed, only the name and address of the association shall be recorded;

(f) the representation of the design;

(g) an indication of the products by their names, preceded by the numbers of the classes and subclasses of the Locarno classification, and grouped accordingly;

(h) particulars of claims of priority pursuant to Article 42 of Regulation (EC) No 6/2002;

(i) particulars of claims of exhibition priority pursuant to Article 44 of Regulation (EC) No 6/2002;

(j) where applicable, the citation of the designer or of the team of designers pursuant to Article 18 of Regulation (EC) No 6/2002, or a statement that the designer or the team of designers has waived the right to be cited;

(k) the language in which the application was filed and the second language which the applicant has indicated in his/her application, pursuant to Article 98(2) of Regulation (EC) No 6/2002;

(l) the date of registration of the design in the Register and the registration number;

(m) a mention of any request for deferment of publication pursuant to Article 50(3) of Regulation (EC) No 6/2002, specifying the date of expiry of the period of deferment;

(n) a mention that a specimen was filed pursuant to Article 5;

(o) a mention that a description was filed pursuant to Article 1(2)(a).

3. In addition to the entries set out in paragraph 2 the Register shall contain the following entries, each accompanied by the date of recording such entry:

(a) changes in the name, the address or the nationality of the holder or in the State in which he/she is domiciled or has his/her seat or establishment;

(b) changes in the name or business address of the representative, other than a representative falling within the first subparagraph of Article 77(3) of Regulation (EC) No 6/2002;

(c) when a new representative is appointed, the name and business address of that representative;

(d) a mention that a multiple application or registration has been divided into separate applications or registrations pursuant to Article 37(4) of Regulation (EC) No 6/2002;

(e) the notice of an amendment to the design pursuant to Article 25(6) of Regulation (EC) No 6/2002, including, if applicable, a reference to the disclaimer made or the court decision or the decision by the Office declaring the partial invalidity of the design right, as well as corrections of mistakes and errors pursuant to Article 20 of this Regulation;

(f) a mention that entitlement proceedings have been instituted under Article 15(1) of Regulation (EC) No 6/2002 in respect of a registered Community design;

(g) the final decision or other termination of proceedings pursuant to Article 15(4)(b) of Regulation (EC) No 6/2002 concerning entitlement proceedings;

(h) a change of ownership pursuant to Article 15(4)(c) of Regulation (EC) No 6/2002;

(i) transfers pursuant to Article 28 of Regulation (EC) No 6/2002;

(j) the creation or transfer of a right in rem pursuant to Article 29 of Regulation (EC) No 6/2002 and the nature of the right in rem;

(k) levy of execution pursuant to Article 30 of Regulation (EC) No 6/2002 and insolvency proceedings pursuant to Article 31 of that Regulation;

(l) the grant or transfer of a licence pursuant to Article 16(2) or Article 32 of Regulation (EC) No 6/2002 and, where applicable, the type of licence pursuant to Article 25 of this Regulation;

(m) renewal of the registration pursuant to Article 13 of Regulation (EC) No 6/2002 and the date from which it takes effect;

(n) a record of the determination of the expiry of the registration;

(o) a declaration of total or partial surrender by the holder pursuant to Article 51(1) and (3) of Regulation (EC) No 6/2002;

(p) the date of submission of an application or of the filing of a counterclaim for a declaration of invalidity pursuant, respectively, to Article 52 or Article 86(2) of Regulation (EC) No 6/2002;

(q) the date and content of the decision on the application or counterclaim for declaration of invalidity or any other termination of proceedings pursuant, respectively, to Article 53 or Article 86(4) of Regulation (EC) No 6/2002;

(r) a mention pursuant to Article 50(4) of Regulation (EC) No 6/2002 that the registered Community design is deemed from the outset not to have had the effects specified in that Regulation;

(s) the cancellation of the representative recorded pursuant to paragraph 2(e);

(t) the modification or cancellation from the Register of the items referred to in points (j), (k) and (l).

4. The President of the Office may determine that items other than those referred to in paragraphs 2 and 3 shall be entered in the Register.

5. The holder shall be notified of any change in the Register.

6. Subject to Article 73, the Office shall provide certified or uncertified extracts from the Register on request, on payment of a fee.