Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p13
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 29139–31876

may be, for a further extension of that period of registration; or
         (ii) failure to pay a prescribed fee within the prescribed period,
then—
      (c) the owner of the design;
      (d) if the owner of the design has died—the legal personal representative of the owner of the design; or
      (e) a person who would, if the registration of the design had not ceased to be in force, have been entitled, by assignment, transmission or other operation of law, to the design,
may, for the purpose of permitting the extension of the period of registration of the design, make application to the Registrar for the restoration of the registration of the design.

"(2) The application shall contain a statement of the circumstances that led to the relevant failure, and the Registrar shall, if he is satisfied that the failure was unintentional and that no undue delay has occurred in the making of the application, advertise the application in the Official Journal but, if he is not so satisfied, shall dismiss the application.

"(3) A person interested may, within such period after the advertisement under sub-section (2) of an application as is prescribed, give notice to the Registrar of opposition to the restoration of the registration of the design and shall serve a copy of the notice on the applicant.

Registrar to deal with application
"27c. (1) Where the Registrar has advertised in the Official Journal an application for the restoration of the registration of a design, he shall, after the expiration of the period referred to in sub-section 27b (3)—
      (a) if a notice referred to in that sub-section has been given to him— hear the matter and either restore the registration of the design or dismiss the application concerned; or
      (b) in any other case—restore the registration of the design.
"(2) The Registrar shall not restore the registration of a design under sub-section (1) until—
      (a) an application for extension of the period of registration of the design is made under sub-section 27a (12) or (13), as the case may be; and
      (b) all prescribed fees have been paid.
"(3) For the purpose of making an application referred to in paragraph (2) (a), the fact that a period has been prescribed, under subsection 27a (14), for the making of that application shall be disregarded.
      "(4) Where—
      (a) the Registrar restores the registration of a design under sub-section (1); and
      (b) that design was the original design, within the meaning of section 25d, in relation to another design that was a design to which section 25d applied,
the Registrar shall also restore the registration of the other design and, thereupon—
      (c) the other design again becomes a design to which section