Document ID: chunk:federal_register_of_legislation:F2024C00939:front:0:p8
Version: federal_register_of_legislation:F2024C00939
Segment Type: other
Provision Reference: 
Character Range: 18670–21439

32(1) of the Act, the prescribed period:
 (a) begins immediately after the design application is filed; and
 (b) ends immediately before a design disclosed in the design application is registered.
 (2) For subsection 32(2) of the Act, the prescribed period:
 (a) begins immediately after the design application is filed; and
 (b) ends immediately before the design to be withdrawn is registered.
 (3) If a design is withdrawn, including a design disclosed in a design application that is withdrawn, the Registrar must publish the design number in the Official Journal.

Part 3.4—Lapsing of applications

3.14  Period within which application lapses
  For the purposes of subsection 33(1) of the Act, the prescribed period is 2 months from the date of the first notification given by the Registrar under section 41 of the Act in relation to the design or designs in respect of which registration is requested.

3.15  Notice of lapsing of design application
  For subsection 33(4) of the Act, the notice must:
 (a) be published in the Official Journal; and
 (b) include the design number for each design disclosed in the application that has not been registered.

Chapter 4—Registration of designs

Part 4.2—Requests for registration

4.01  Requests for registration
 (2) For paragraph 35(2)(b) of the Act, the prescribed period is:
 (a) 6 months from the priority date of the design; or
 (b) if the design is a design mentioned in section 55 of the Act, and the period of 6 months has expired when an application is filed as mentioned in that section—the day when the application is filed.
 (3) For subsection 35(3) of the Act, the request must be made in the approved form.

Part 4.3—Registration

4.04  Formalities check—applications in respect of 1 design only
 (1) For paragraph 39(2)(a) of the Act, the formalities check is confirmation, by the Registrar, that:
 (a) the design application is in the approved form; and
 (aa) the design application does not contain any scandalous matter or matter that might reasonably be taken to be scandalous; and
 (b) the design application meets the requirements of regulation 11.18; and
 (c) the design application identifies the product or products in relation to which the design is sought to be registered sufficiently to enable each product to be classified in accordance with the Locarno Agreement; and
 (d) for a design application mentioned in subsection 23(2) of the Act—the design application identifies the design number that was allocated to the excluded design in the initial application; and
 (e) if a specimen is filed as a representation of the design—the specimen is of a kind that:
 (i) can be readily mounted in a flat position by affixing it to a paper of international sheet size A4; and
 (ii) can be