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Union of India - Section

Section 3 in The Designs Rules, 2001

3. [ Manner for leaving and serving documents

].- [(1) Any application, notice or other document authorised or required to be filed, left, made or given at the Office, or to the Controller or to any other person under the Act or these rules, may be sent by hand or by a prepaid letter addressed to the Controller or to that person through post or courier service or by electronic transmission duly authenticated. If sent by a prepaid letter or courier service or by electronic transmission duly authenticated, it shall be deemed to have been filed, left, made or given at the time when the letter containing the same would have been delivered in the ordinary course of post or courier service or electronic transmission duly authenticated, as the case may be. In proving such sending, it shall be sufficient to prove that the letter was properly addressed and transmitted, provided that any application, notice or document sent through fax or by electronic mail shall also be deemed to have been filed, left, made or given if the same is clear and fully legible and its original or the paper copy, as the case may be, is submitted to the office within fifteen days from the date of receipt of the document so faxed or electronically mailed except where the fee is required to be accompanied with the documents.] [Substituted by S.O. 1460(E), dated 17.6.2008 (w.e.f. 17.6.2008). ]
(2)Any written communication addressed to a registered proprietor of a design at his address as it appears on the Register of Designs, or at his address for service, or to any applicant or opponent in any proceedings under the Act or these rules, at the address appearing on the application or notice of opposition, or given for service, as hereinafter provided, shall be deemed to be properly addressed.
(3)Any application for registration of design, application for extension of copyright, petition for cancellation of registration of design and application for rectification of Register of Design alongwith the prescribed fees authorized or required may be filed, left, made or given to the branch offices also by the applicant.
(4)The branch offices shall transmit such applications or documents [* * *] [ The words " along with the fees" omitted by S.O. 1460(E), dated 17.6.2008 (w.e.f. 17.6.2008).] to the Head Office of the Patent Office for processing and prosecuting the same.