Commission Regulation (EC) No 2245/2002 of 21 October 2002 implementing Council Regulation (EC) No 6/2002 on Community designs

The application for a registered  EU design shall contain:

The application may contain:

An application may be a multiple application requesting the registration of up to 50 designs.

For each design contained in the multiple application the applicant shall provide a representation of the design in accordance with Article 4 and the indication of the product in which the design is intended to be incorporated or to be applied.

The applicant shall number the designs contained in the multiple application consecutively, using arabic numerals.

Products shall be classified in accordance with Article 1 of the Locarno Agreement, as amended and in force at the date of filing of the design.

The classification of products shall serve exclusively administrative purposes.

The indication of products shall be worded in such a way as to indicate clearly the nature of the products and to enable each product to be classified in only one class and subclass of the Locarno classification, preferably using the terms appearing in the list of products set out therein.

The products shall be grouped according to the classes of the Locarno classification, each group being preceded by the number of the class and subclass to which that group of products belongs and presented in the order of the classes and subclasses under that classification.

The representation of the design shall consist in a graphic or photographic reproduction of the design, either in black and white or in colour. It shall meet the following requirements:

The representation may contain no more than seven different views of the design. Any one graphic or photographic reproduction may contain only one view. The applicant shall number each view using arabic numerals. The number shall consist of separate numerals separated by a point, the numeral to the left of the point indicating the number of the design, that to the right indicating the number of the view.

Where an application concerns a design that consists in a repeating surface pattern, the representation of the design shall show the complete pattern and a sufficient portion of the repeating surface.

Where an application concerns a design consisting in a typographic typeface, the representation of the design shall consist in a string of all the letters of the alphabet, in both upper and lower case, and of all the arabic numerals, together with a text of five lines produced using that typeface, both letters and numerals being in the size pitch 16.

Where the priority of one or more previous applications is claimed in the application pursuant to Article 42 of Regulation (EC) No 6/2002, the applicant shall indicate the file number of the previous application and file a copy of it within three months of the filing date referred to in Article 38 of that Regulation.  The Executive Director of the Office shall determine the evidence to be provided by the applicant.

Where, subsequent to the filing of the application, the applicant wishes to claim the priority of one or more previous applications pursuant to Article 42 of Regulation (EC) No 6/2002, he/she shall submit, within one month of the filing date, the declaration of priority, stating the date on which and the country in or for which the previous application was made.

Where exhibition priority has been claimed in the application pursuant to Article 44 of Regulation (EC) No 6/2002, the applicant shall, together with the application or at the latest within three months of the filing date, file a certificate issued at the exhibition by the authority responsible for the protection of industrial property at the exhibition.

Where the applicant wishes to claim an exhibition priority subsequent to the filing of the application, the declaration of priority, indicating the name of the exhibition and the date of the first disclosure of the product in which the design was incorporated or to which it was applied, shall be submitted within one month of the filing date. The indications and evidence referred to in paragraph 1 shall be submitted to the Office within three months of receipt of the declaration of priority.

Where, pursuant to Article 47 of Regulation (EC) No 6/2002, the Office finds, in the course of carrying out the examination of grounds for non-registrability, that the design for which protection is sought does not correspond to the definition of design provided in Article 3, point (1), of that Regulation, or that the design is contrary to public policy or to accepted principles of morality, it shall inform the applicant that the design is non-registrable, specifying the ground for non-registrability.

The Office shall specify a time limit within which the applicant may submit his/her observations, withdraw the application or amend it by submitting an amended representation of the design, provided that the identity of the design is retained.

Where the applicant fails to overcome the grounds for non-registrability within the time limit, the Office shall refuse the application. If those grounds concern only some of the designs contained in a multiple application, the Office shall refuse the application only in so far as those designs are concerned.

Where, pursuant to Article 106e(1) of Regulation (EC) No 6/2002, the Office finds, in the course of carrying out an examination of an international registration, that the design for which protection is sought does not correspond to the definition of design provided for in Article 3, point (1), of that Regulation, or that the design is contrary to public policy or to accepted principles of morality, it shall send to the International Bureau of the World Intellectual Property Organisation (‘the International Bureau’) a notification of refusal not later than six months from the date of publication of the international registration, specifying the grounds for refusal pursuant to Article 12(2) of the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs ([^E0002]) (‘the Geneva Act’).

The Office shall specify a time limit within which the holder of the international registration has the possibility, pursuant to Article 106e(2) of Regulation (EC) No 6/2002, to renounce the international registration in respect of the Union, to limit the international registration to one or some of the industrial designs in respect of the Union or to submit observations.

Where the holder of the international registration is obliged to be represented in proceedings before the Office pursuant to Article 77(2) of Regulation (EC) No 6/2002, the notification shall contain a reference to the obligation of the holder to appoint a representative as referred to in Article 78(1) of that Regulation.

If the holder fails to appoint a representative within the specified time limit, the Office shall refuse the protection of the international registration.

Where the holder submits observations that would satisfy the Office within the specified time limit, the Office shall withdraw the refusal and notify the International Bureau in accordance with Article 12(4) of the Geneva act.

Where the holder renounces the international registration or limits the international registration to one or some of the industrial designs in respect of the Union, the holder shall inform the International Bureau by way of recording procedure in accordance with Article 16(1), points (iv) and (v), of the Geneva Act. The holder can inform the Office by submitting a corresponding statement.

The applicant may at any time withdraw a  EU design application or, in the case of a multiple application, withdraw some of the designs contained in the application.

Only the name and address of the applicant, errors of wording or of copying, or obvious mistakes may be corrected, at the request of the applicant and provided that such correction does not change the representation of the design.

An application for the correction of the application pursuant to paragraph 2 shall contain:

If the requirements for the correction of the application are not fulfilled, the Office shall communicate the deficiency to the applicant. If the deficiency is not remedied within the time limits specified by the Office, the Office shall reject the application for correction.

A single application may be made for the correction of the same element in two or more applications submitted by the same applicant.

Paragraphs 2 to 5 shall apply mutatis mutandis to applications to correct the name or the business address of a representative appointed by the applicant.

The registration of the design shall be published in the EU designs Bulletin.

Subject to paragraph 3, the publication of the registration shall contain:

If the application contains a request for deferment of publication pursuant to Article 50 of Regulation (EC) No 6/2002, a mention of the deferment shall be published in the EU designs Bulletin, together with the name of the holder, the name of the representative, if any, the date of filing and registration, and the file number of the application. Neither the representation of the design nor any particulars identifying its appearance shall be published.

After publication, the Office shall issue to the holder a certificate of registration which shall contain the entries in the Register provided for in Article 72(2) of Regulation (EC) No 6/2002 and a statement to the effect that those entries have been recorded in the Register.

The holder may request that certified or uncertified copies of the certificate of registration be supplied to him/her upon payment of a fee.

Where, pursuant to Article 25(6) of Regulation (EC) No 6/2002, the registered  EU design is maintained in an amended form, the  EU design in its amended form shall be entered in the Register and published in the EU designs Bulletin.

Maintenance of a design in an amended form may include a partial disclaimer, not exceeding 100 words, by the holder or an entry in the Register of  EU designs of a court decision or a decision by the Office declaring the partial invalidity of the design right.

A change of the name or address of the holder which is not the consequence of a transfer of the registered design shall, at the request of the holder, be recorded in the Register.

An application for a change of the name or address of the holder shall contain:

The application referred to in paragraph 2 shall not be subject to payment of a fee.

A single application may be made for a change of the name or address in respect of two or more registrations of the same holder.

If the requirements set out in paragraphs 1 and 2 are not fulfilled, the Office shall communicate the deficiency to the applicant.

Paragraphs 1 to 5 shall apply mutatis mutandis to a change of the name or address of the registered representative.

Paragraphs 1 to 6 shall apply mutatis mutandis to applications for  EU designs. The change shall be recorded in the files kept by the Office concerning the  EU designs application.

An application for registration of a transfer pursuant to Article 28 of Regulation (EC) No 6/2002 shall contain:

The application may contain, where applicable, the name and business address of the representative of the new holder, to be set out in accordance with Article 1(1)(e).

The following shall constitute sufficient proof of transfer under paragraph 1(d):

Where the conditions applicable to the registration of a transfer are not fulfilled, the Office shall notify the applicant of the deficiencies.

A single application for registration of a transfer may be submitted for two or more registered  EU designs, provided that the registered holder and the successor in title are the same in each case.

Paragraphs 1 to 6 shall apply mutatis mutandis to the transfer of applications for registered  EU designs. The transfer shall be recorded in the files kept by the Office concerning the  EU design application.

Article 23(1)(a), (b) and (c) and Article 23(2), (3), (5) and (6) shall apply mutatis mutandis to the registration of the grant or transfer of a licence, to registration of the creation or transfer of a right in rem in respect of a registered  EU design, and to registration of enforcement measures. However, where a registered  EU design is involved in insolvency proceedings, the request of the competent national authority for an entry in the Register to this effect shall not be subject to payment of a fee.

Where the registered  EU design is licensed for only a part of  the Union, or for a limited period of time, the application for registration of the licence shall indicate the part of  the Union or the period of time for which the licence is granted.

Where the conditions applicable to registration of licences and other rights, set out in Articles 29, 30 or 32 of Regulation (EC) No 6/2002, in paragraph 1 of this Article, and in the other applicable Articles of this Regulation are not fulfilled, the Office shall notify the applicant of the deficiencies.

Paragraphs 1, 2 and 3 shall apply mutatis mutandis to licences and other rights concerning applications for registered  EU designs. Licences, rights in rem and enforcement measures shall be recorded in the files kept by the Office concerning the  EU design application.

The request for a non-exclusive licence pursuant to Article 16(2) of Regulation (EC) No 6/2002 shall be made within three months of the date of the entry in the Register of the newly entitled holder.

A licence in respect of a registered  EU design shall be recorded in the Register as an exclusive licence if the holder of the design or the licensee so requests.

A licence in respect of a registered  EU design shall be recorded in the Register as a sub-licence where it is granted by a licensee whose licence is recorded in the Register.

A licence in respect of a registered  EU design shall be recorded in the Register as a territorially limited licence if it is granted for a part of  the Union.

A licence in respect of a registered  EU design shall be recorded in the Register as a temporary licence if it is granted for a limited period of time.

A registration effected under Article 24 shall be cancelled upon application by one of the persons concerned.

The application shall contain:

Application for cancellation of the registration of a licence or other right shall not be deemed to have been filed until the required fee has been paid.

The application shall be accompanied by documents showing that the registered right no longer exists or by a statement by the licensee or the holder of another right to the effect that he/she consents to cancellation of the registration.

Where the requirements for cancellation of the registration are not satisfied, the Office shall notify the applicant of the deficiencies. If the deficiencies are not remedied within the time limit specified by the Office, it shall reject the application for cancellation of the registration.

Paragraphs 1, 2, 4 and 5 shall apply mutatis mutandis to a request for modification of a registration effected pursuant to Article 24.

Paragraphs 1 to 6 shall apply mutatis mutandis to entries made in the files pursuant to Article 24(4).

A declaration of surrender pursuant to Article 51 of Regulation (EC) No 6/2002 shall contain:

Where a right of a third party relating to the registered  EU design is entered in the Register, it shall be sufficient proof of his/her agreement to the surrender that a declaration of consent to the surrender is signed by the holder of that right or his/her representative.

Where a claim relating to the entitlement to a registered EU design has been brought before the competent court or authority of the Member State concerned pursuant to Article 15 of Regulation (EC) No 6/2002, a declaration of consent to the surrender, signed by the claimant or the claimant’s representative, shall be sufficient proof of the claimant’s agreement to the surrender.

If the requirements governing surrender are not fulfilled, the Office shall communicate the deficiencies to the declarant. If the deficiencies are not remedied within the time limit specified by the Office, the Office shall reject the entry of the surrender in the Register.

An application to the Office for a declaration of invalidity pursuant to Article 52 of Regulation (EC) No 6/2002 shall contain:

The application shall be subject to the fee referred to in Article 52(2) of Regulation (EC) No 6/2002.

The Office shall inform the holder that an application for declaration of invalidity has been filed.

The application for a declaration of invalidity shall be filed in the language of proceedings pursuant to Article 98(4) of Regulation (EC) No 6/2002.

Where the language of proceedings is not the language used for filing the application and the holder has filed his/her observations in the language of filing, the Office shall arrange to have those observations translated into the language of proceedings.

Three years after the date fixed in accordance with Article 111(2) of Regulation (EC) No 6/2002, the Commission will submit to the Committee mentioned in Article 109 of Regulation (EC) No 6/2002 a report on the application of paragraph 2 of this Article and, if appropriate, proposals for fixing a limit for the expenses borne by the Office in this respect as provided for in the fourth subparagraph of Article 98(4) of Regulation (EC) No 6/2002.

The Commission may decide to submit the report and possible proposals referred to in paragraph 3 at an earlier date, and the Committee shall discuss them as a matter of priority if the facilities in paragraph 2 lead to disproportionate expenditure.

Where the evidence in support of the application is not filed in the language of the invalidity proceedings, the applicant shall file a translation of that evidence into that language within two months of the filing of such evidence.

Where the applicant for a declaration of invalidity or the holder informs the Office, within two months of receipt by the holder of the communication referred to in Article 31(1) of this Regulation, that they have agreed on a different language of proceedings pursuant to Article 98(5) of Regulation (EC) No 6/2002, the applicant shall, where the application was not filed in that language, file a translation of the application in that language within one month of the said date.

If the Office finds that the application for declaration of invalidity does not comply with Article 52 of Regulation (EC) No 6/2002, Article 28(1) of this Regulation or any other provision of Regulation (EC) No 6/2002 or this Regulation, it shall inform the applicant accordingly and shall call upon him/her to remedy the deficiencies within such time limit as it may specify.

Where the Office finds that the required fees have not been paid, it shall inform the applicant accordingly and shall inform him/her that the application will be deemed not to have been filed if the required fees are not paid within a specified time limit.

Any decision to reject an application for a declaration of invalidity pursuant to paragraph 1 shall be communicated to the applicant.

If the Office does not reject the application for declaration of invalidity in accordance with Article 30, it shall communicate such application to the holder and shall request him/her to file his/her observations within such time limits as it may specify.

If the holder files no observations, the Office may base its decision concerning invalidity on the evidence before it.

Any observations filed by the holder shall be communicated to the applicant, who may be called upon by the Office to reply within specified time limits.

All communications pursuant to Article 53(2) of Regulation (EC) No 6/2002 and all observations filed in that respect shall be sent to the parties concerned.

The Office may call upon the parties to make a friendly settlement.

Where the Office declares invalid the effects of an international registration in the territory of  the Union; it shall notify its decision to the International Bureau upon becoming final.

Where a number of applications for a declaration of invalidity have been filed relating to the same registered  EU design, the Office may deal with them in one set of proceedings.

If a preliminary examination of one or more applications reveals that the registered  EU design may be invalid, the Office may suspend the other invalidity proceedings.

Once a decision declaring the invalidity of the design has become final, the applications in respect of which the proceedings have been suspended in accordance with paragraph 2 shall be deemed to have been disposed of and the applicants concerned shall be informed accordingly. Such disposition shall be considered to constitute a case which has not proceeded to judgment for the purposes of Article 70(4) of Regulation (EC) No 6/2002.

The Office shall refund 50 % of the invalidity fee referred to in Article 52(2) of Regulation (EC) No 6/2002 paid by each applicant whose application is deemed to have been disposed of in accordance with paragraphs 1, 2 and 3 of this Article.

The notice of appeal shall contain:

The notice of appeal shall be filed in the language of the proceedings in which the decision subject to the appeal was taken.

If the appeal does not comply with Articles 55, 56 and 57 of Regulation (EC) No 6/2002 and Article 34(1)(c) and (2) of this Regulation, the Board of Appeal shall reject it as inadmissible, unless each deficiency has been remedied before the relevant time limit laid down in Article 57 of Regulation (EC) No 6/2002 has expired.

If the Board of Appeal finds that the appeal does not comply with other provisions of Regulation (EC) No 6/2002 or other provisions of this Regulation, in particular with Article 34(1)(a) and (b), it shall inform the appellant accordingly and shall request him/her to remedy the deficiencies noted within such time limit as it may specify. If the deficiencies are not remedied in good time, the Board of Appeal shall reject the appeal as inadmissible.

If the fee for appeal has been paid after expiry of the time limits for the filing of an appeal pursuant to Article 57 of Regulation (EC) No 6/2002, the appeal shall be deemed not to have been filed and the appeal fee shall be refunded to the appellant.

Save as otherwise provided, the provisions relating to proceedings before the department which has made the decision against which the appeal is brought shall be applicable to appeal proceedings mutatis mutandis.

The Board of Appeal's decision shall contain:

The decision shall be signed by the Chairman and the other members of the Board of Appeal and by the employee of the registry of the Board of Appeal.

Decisions of the Office shall be in writing and shall state the reasons on which they are based.

Decisions of the Office which are open to appeal shall be accompanied by a written communication indicating that notice of appeal must be filed in writing at the Office within two months of the date of notification of the decision from which appeal is to be made. The communications shall also draw the attention of the parties to the provisions laid down in Articles 55, 56 and 57 of Regulation (EC) No 6/2002.

If the Office finds that the loss of any rights results from Regulation (EC) No 6/2002 or this Regulation without any decision having been taken, it shall communicate this to the person concerned in accordance with Article 66 of Regulation (EC) No 6/2002, and shall draw his/her attention to the legal remedies set out in paragraph 2 of this Article.

If the person concerned considers that the finding of the Office is inaccurate, he/she may, within two months of notification of the communication referred to in paragraph 1, apply for a decision on the matter by the Office.

Any decision, communication or notice from the Office shall indicate the department or division of the Office as well as the name or the names of the official or officials responsible. They shall be signed by the official or officials, or, instead of a signature, carry a printed or stamped seal of the Office.

The Executive Director of the Office may determine that other means of identifying the department or division of the Office and the name of the official or officials responsible or an identification other than a seal may be used where decisions, communications or notices are transmitted by fax or any other technical means of communication.

The parties shall be summoned to oral proceedings provided for in Article 64 of Regulation (EC) No 6/2002 and their attention shall be drawn to paragraph 3 of this Article. At least one month's notice of the summons shall be given unless the parties agree to a shorter time limit.

When issuing the summons, the Office shall draw attention to the points which in its opinion need to be discussed in order for the decision to be taken.

If a party who has been duly summoned to oral proceedings before the Office does not appear as summoned, the proceedings may continue without him/her.

Where the Office considers it necessary to hear the oral evidence of parties, of witnesses or of experts or to carry out an inspection, it shall take a decision to that end, stating the means by which it intends to obtain evidence, the relevant facts to be proved and the date, time and place of the hearing or inspection.

The period of notice given in the summons of a party, witness or expert to give evidence shall be at least one month, unless they agree to a shorter time limit.

The Office shall decide in what form the report made by an expert whom it appoints shall be submitted.

The terms of reference of the expert shall include:

A copy of any written report shall be submitted to the parties.

The parties may object to an expert on grounds of incompetence or on the same grounds as those on which objection may be made to an examiner or to a member of a Division or Board of Appeal pursuant to Article 132(1) and (3) of Council Regulation (EC) No 40/94 ([^E0003]). The department of the Office concerned shall rule on the objection.

The taking of evidence by the Office may be made conditional upon deposit with it, by the party who has requested the evidence to be taken, of a sum which shall be fixed by reference to an estimate of the costs.

Witnesses and experts who are summoned by and appear before the Office shall be entitled to reimbursement of reasonable expenses for travel and subsistence. An advance for those expenses may be granted to them by the Office. The first sentence shall apply also to witnesses and experts who appear before the Office without being summoned by it and who are heard as witnesses or experts.

Witnesses entitled to reimbursement under paragraph 2 shall also be entitled to appropriate compensation for loss of earnings, and experts shall be entitled to fees for their services. Those payments shall be made to the witnesses and experts after they have fulfilled their duties or tasks, where such witnesses and experts have been summoned by the Office on its own initiative.

The amounts and the advances for expenses to be paid pursuant to paragraphs 1, 2 and 3 shall be determined by  the Executive Director of the Office and shall be published in the Official Journal of the Office.

Final liability for the amounts due or paid pursuant to paragraphs 1 to 4 shall lie with:

Minutes of oral proceedings or the taking of evidence shall be drawn up, containing the essentials of the oral proceedings or of the taking of evidence, the relevant statements made by the parties, the testimony of the parties, witnesses or experts and the result of any inspection.

The minutes of the testimony of a witness, expert or party shall be read out or submitted to him/her so that he/she may examine them. It shall be noted in the minutes that this formality has been carried out and that the person who gave the testimony approved the minutes. Where his/her approval is not given, his/her objections shall be noted.

The minutes shall be signed by the employee who drew them up and by the employee who conducted the oral proceedings or taking of evidence.

The parties shall be provided with a copy of the minutes.

Upon request, the Office shall make available to the parties transcripts of recordings of the oral proceedings, in typescript or in any other machine-readable form.

In proceedings before the Office, any notifications to be made by the Office shall take the form of the original document, of a copy thereof certified by, or bearing the seal of, the Office or of a computer print-out bearing such seal. Copies of documents emanating from the parties themselves shall not require such certification.

Notifications shall be made:

Communications between the Office and the International Bureau shall be in a mutually agreed manner and format, where possible by electronic means. Any reference to forms shall be construed as including forms available in electronic format.

Decisions subject to a time limit for appeal, summonses and other documents as determined by  the Executive Director of the Office shall be notified by registered letter with acknowledgement of delivery.

Notifications to addressees having neither their domicile nor their principal place of business nor an establishment in  the Union and who have not appointed a representative in accordance with Article 77(2) of Regulation (EC) No 6/2002 shall be effected by posting the document requiring notification by ordinary mail to the last address of the addressee known to the Office.

Where notification is effected by registered letter, whether or not with acknowledgement of delivery, it shall be deemed to be delivered to the addressee on the 10th day following that of its posting, unless the letter has failed to reach the addressee or has reached him/her at a later date.

Notification by registered letter, with or without acknowledgement of delivery, shall be deemed to have been effected even if the addressee refuses to accept the letter.

To the extent that notification by post is not covered by paragraphs 1 to 4, the law of the State on the territory of which notification is made shall apply.

Notification by fax shall be effected by transmitting either the original or a copy, as provided for in Article 47(1), of the document to be notified. The details of such transmission shall be determined by  the Executive Director of the Office.

Details of notification by other technical means of communication shall be determined by  the Executive Director of the Office.

If the address of the addressee cannot be established, or if notification in accordance with Article 48(1) has proved to be impossible even after a second attempt by the Office, notification shall be effected by public notice.

The Executive Director of the Office shall determine how the public notice is to be given and shall fix the beginning of the time limit of one month on the expiry of which the document shall be deemed to have been notified.

If a representative has been appointed or where the applicant first named in a common application is considered to be the common representative pursuant to Article 61(1), notifications shall be addressed to that appointed or common representative.

If several representatives have been appointed for a single interested party, notification to any one of them shall be sufficient, unless a specific address for service has been indicated in accordance with Article 1(1)(e).

If several interested parties have appointed a common representative, notification of a single document to the common representative shall be sufficient.

Time limits shall be laid down in terms of full years, months, weeks or days.

The beginning of any time limit shall be calculated starting on the day following the day on which the relevant event occurred, the event being either a procedural step or the expiry of another time limit. Where that procedural step is a notification, the event considered shall be the receipt of the document notified, unless otherwise provided.

Where a time limit is expressed as one year or a certain number of years, it shall expire in the relevant subsequent year in the month having the same name and on the day having the same number as the month and the day on which the relevant event occurred. Where the relevant month has no day with the same number the time limit shall expire on the last day of that month.

Where a time limit is expressed as one month or a certain number of months, it shall expire in the relevant subsequent month on the day which has the same number as the day on which the relevant event occurred. Where the day on which the relevant event occurred was the last day of a month or where the relevant subsequent month has no day with the same number the time limit shall expire on the last day of that month.

Where a time limit is expressed as one week or a certain number of weeks, it shall expire in the relevant subsequent week on the day having the same name as the day on which the relevant event occurred.

Where Regulation (EC) No 6/2002 or this Regulation provide for a time limit to be specified by the Office, such time limit shall, when the party concerned has its domicile or its principal place of business or an establishment within the European Economic Area (EEA), be not less than one month, or, when those conditions are not fulfilled, not less than two months, and no more than six months.

Where there are two or more parties, the Office may make the extension of a time limit subject to the agreement of the other parties.

If a time limit expires on a day on which the Office is not open for receipt of documents or on which, for reasons other than those referred to in paragraph 2, ordinary mail is not delivered in the locality in which the Office is located, the time limit shall extend until the first day thereafter on which the Office is open for receipt of documents and on which ordinary mail is delivered.

If a time limit expires on a day on which there is a general interruption or subsequent dislocation in the delivery of mail in a Member State or between a Member State and the Office, the time limit shall extend until the first day following the end of the period of interruption or dislocation, for parties having their residence or registered office in the State concerned or who have appointed representatives with a place of business in that State.

Paragraphs 1 and 2 shall apply mutatis mutandis to the time limits provided for in Regulation (EC) No 6/2002 or this Regulation in the case of transactions to be carried out with the competent authority within the meaning of Article 35(1)(b) and (c) of Regulation (EC) No 6/2002.

If an exceptional occurrence such as natural disaster or strike interrupts or dislocates the proper functioning of the Office so that any communication from the Office to parties concerning the expiry of a time limit is delayed, acts to be completed within such a time limit may still be validly completed within one month of the notification of the delayed communication.

Proceedings before the Office shall be interrupted:

When, in the cases referred to in points (a) and (b) of the first subparagraph of paragraph 1, the Office has been informed of the identity of the person authorised to continue the proceedings before the Office, the Office shall communicate to such person and to any interested third parties that the proceedings shall be resumed as from a date to be fixed by the Office.

In the case referred to in paragraph 1(c), the proceedings shall be resumed when the Office has been informed of the appointment of a new representative of the applicant or when the Office has notified to the other parties the communication of the appointment of a new representative of the holder of the design.

The time limits, other than the time limit for paying the renewal fees, in force as regards the applicant for or holder of the  EU design at the date of interruption of the proceedings, shall begin again as from the day on which the proceedings are resumed.

If there is more than one applicant and the application for a registered  EU design does not name a common representative, the applicant first named in the application shall be considered to be the common representative.

If, during the course of proceedings, transfer is made to more than one person, and such persons have not appointed a common representative, paragraph 1 shall apply.

Legal practitioners and professional representatives entered on the lists maintained by the Office pursuant to Article 78(1)(b) or (c) of Regulation (EC) No 6/2002 may file with the Office a signed authorisation for inclusion in the files.

The authorisation may be filed in any of the official languages of  the Union. It may cover one or more applications or registered  EU designs or may be in the form of a general authorisation allowing the representative to act in respect of all proceedings before the Office to which the person who has issued it is a party.

Where, pursuant to paragraphs 1 or 2, an authorisation has to be filed, the Office shall specify a time limit within which such authorisation shall be filed. If the authorisation is not filed in due time, proceedings shall be continued with the represented person. Any procedural steps other than the filing of the application taken by the representative shall be deemed not to have been taken if the represented person does not approve them. The application of Article 77(2) of Regulation (EC) No 6/2002 shall remain unaffected.

Paragraphs 1, 2 and 3 shall apply mutatis mutandis to a document withdrawing an authorisation.

Any representative who has ceased to be authorised shall continue to be regarded as the representative until the termination of his/her authorisation has been communicated to the Office.

Subject to any provisions to the contrary contained therein, an authorisation shall not terminate vis-à-vis the Office upon the death of the person who gave it.

Where several representatives are appointed by the same party, they may, notwithstanding any provisions to the contrary in their authorisations, act either collectively or individually.

The authorisation of an association of representatives shall be deemed to be an authorisation of any representative who can establish that he/she practises within that association.

The entry of a professional representative in the special list of professional representatives in design matters referred to in Article 78(4) of Regulation (EC) No 6/2002 shall be deleted at the request of the professional representative.