§1313 Examination of Application and Issue or Refusal of Registration

Summary

When someone files a proper application under section 1310 and pays the fee under section 1316, the Administrator must check whether the design looks like it is protected under this law. If it is, the Administrator will register it, publish that registration, and the registration date is the date it is published. If the Administrator thinks the design is not protectable, they will send a written refusal explaining why. The applicant has 3 months from the date the refusal is sent to ask in writing for reconsideration. After review, the Administrator will either register the design or send a final refusal. Anyone who thinks they will be harmed by a registration may pay the fee and apply at any time to cancel it, saying why the design is not protected. The Administrator will notify the recorded owner, who has 3 months from the mailing date to present arguments. The Administrator can set rules for hearings. If, after the argument periods, the Administrator finds the design is not protectable, the registration will be removed, published, and both parties will get notice of the final decision. The losing party must pay the costs and the Administrator may collect them.