Document ID: chunk:federal_register_of_legislation:F2024C00939:front:0:p11
Version: federal_register_of_legislation:F2024C00939
Segment Type: other
Provision Reference: 
Character Range: 26303–28954

Note 1: A statement of newness and distinctiveness is described in paragraph 19(2)(b) of the Act.
Note 2: For a design application in respect of a design excluded from certain transitional applications, see also regulation 12.03.
 (2) For subsection 45(4) of the Act, the notice must:
 (a) be published in the Official Journal; and
 (b) include the following details in relation to the design:
 (i) the design number;
 (ii) the registration number;
 (iii) the date on which the design was registered;
 (iv) the filing date of the design application first disclosing the design;
 (v) if applicable:
 (A) details about any basic application made in respect of the design; and
 (B) the design number that was allocated to the excluded design in the initial application;
 (vi) the product or products to which the design relates;
 (vii) the Locarno Agreement classification of the product or each product;
 (viii) if a statement of newness and distinctiveness has been provided to the Registrar—that statement;
 (ix) the name and address of the registered owner;
 (x) the name of the designer.
Note 1: A statement of newness and distinctiveness is described in paragraph 19(2)(b) of the Act.
Note 2: For a design application in respect of a design excluded from certain transitional applications, see also regulation 12.03.

4.09  Renewal of registration
 (1) For subsection 47(2) of the Act, the prescribed period is the period of 5 years and 6 months that begins at the start of the term of registration of the design.
Note: If a renewal fee is paid after 5 years, it will attract the fee set out in paragraph (b) of column 3 of item 5 of Schedule 4.
 (2) For subsection 47(3) of the Act, the application must:
 (a) be clear that renewal of the registration of the design is being requested; and
 (b) include the registration number of the design; and
 (c) be accompanied by the fee set out in item 5 of Schedule 4.

4.10  Surrender of registration
  For paragraph 49(3)(c) of the Act, the offer must include:
 (a) a statement that an offer is made to surrender the registration of the design; and
 (b) the registration number of the design.
Note: Under subsection 49(2) of the Act, if there is more than 1 registered owner, the offer must be made by all the registered owners.

4.11  Revocation of registration on surrender
 (1) For paragraph 50(2)(a) of the Act, each other person who is entered on the Register as having an interest in the design is prescribed.
 (2) For paragraph 50(2)(b) of the Act, a person mentioned in subregulation (1) may make a submission:
 (a) in writing; and
 (b) within 1 month after the date of the notice under paragraph