Singapore legislation
Regulation 25
Regulation 25
Reinstatement of application, right or thing
Subregulation 1
Any person whose —
application is treated as withdrawn; or
right has been abrogated, or thing has ceased to be in force or to exist, by reason that he has failed to comply with any procedural requirement in any proceedings or other matter before the Registrar within the time limit under the Act or specified by the Registrar for complying with that requirement,may request for the reinstatement of the application, right or thing, as the case may be, in accordance with paragraphs (2), (3) and (4).
Subregulation 2
A request for the reinstatement of any application, right or thing referred to in paragraph (1) —
shall be made in Form CM13 and filed with the Registrar within 2 months starting on the date the application was treated as withdrawn, the right was abrogated or the thing ceased to be in force or to exist, as the case may be;
shall not be made unless —
the omission which led to the application being treated as withdrawn was unintentional; or
the failure to comply with a time limit which led to —
the right being abrogated; or
the thing ceasing to be in force or to exist,was unintentional; and
where the omission, or the failure to comply with a time limit, relates to the filing of any document or thing, shall be accompanied by that document or thing not filed or not filed on time, as the case may be.
Subregulation 3
Subject to paragraph (4), where a request is filed under paragraph (2), the Registrar shall allow the reinstatement unless there is a good and sufficient reason to refuse the request.
Subregulation 4
The Registrar shall not allow the reinstatement unless paragraph (2) is complied with.
Subregulation 5
Paragraphs (1) to (4) do not allow the reinstatement of —
any application for the registration of a design which has been withdrawn under section 14 of the Act; or
any application which is treated as withdrawn, any right which has been abrogated or any thing which has ceased to be in force or to exist by reason of —
a failure to comply with the time limit for —
[Deleted by S 574/2017 wef 30/10/2017](B)any act under —
(BA)section 27 of the Act or Part VI of these Rules; or
(BB)section 27 of the Act and Part VI of these Rules, read with rule 12 of the Registered Designs (International Registration) Rules 2005 (G.N. No. S 177/2005),in any proceedings for the revocation of the registration of a design;
(BA)any act under rule 24A(3), (4) or (7), or rule 24A(3), (4) or (7) as applied by rule 33(2) or 65(6), in any proceedings relating to an opposition to a request for correction;
the filing of a request under paragraph (2);
the filing of Form HC5 under rule 27(8)(a); or
an application for a hearing to make representations in relation to a written notice given by the Registrar that the formal requirements for registration under rule 27 are not met; or
a failure to pay the fee for the extension of the period of registration of a design under rule 35(2) or the restoration of the registration of a design under rule 35C.