PREAMBLE Whereas, a draft of Designs
(Amendment) Rules, 2007 was published as required by sub-section (3) of Section
47 of the Designs Act, 2000 (16 of 2000), by the notification of the Government
of India, Ministry of Commerce and Industry number S.0.137(E) dated 23 rd
January, 2008 in the Gazette of India, Extraordinary, Part II, Section 3,
sub-section (ii) dated 23rd January, 2008. And whereas objections and suggestions
were invited till the 29th February, 2008 from all persons likely to be
affected thereby; And whereas the draft of the Designs
Rules was made available to the public on the 29th January, 2008 through the
said Gazette dated January 23rd, 2008. And whereas no objections and
suggestions have been received from the public with respect to the said draft
Rules. Now, therefore, in exercise of the
powers conferred by section 47 of the Designs Act, 2000 (16 of 2000), the
Central Government hereby makes the following rules, namely:- ? (1) These
rules may be called the Designs (Amendment) Rules, 2008) (2)
They shall come into force on the date of
their publication in the Official Gazette.? (hereinafter referred to as the
principal rules), in rule 3,- (a) for the
marginal heading, the following shall be substituted, namely:- "Manner for
leaving and serving documents." (b) for
sub-rule (1), the following sub-rule shall be substituted, namely:- "(1)
Any application, notice or other document authorized 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." (c) in
sub-rule 4, the words "along with the fees" shall be omitted. In rule 5 of the principal rules, in
sub-rule 2, for clauses (a), (b) and (c), the following clauses shall be
substituted, namely:- "(a)
The fees payable under these rules may either be paid in cash or through
electronic means or may be sent by bank draft or cheque payable to the
Controller and drawn on a scheduled bank at the place where the office is
situated. (b) Where
a fee is payable in respect of a document, the entire fee shall accompany the
document. (c) Fees
once paid in respect of any proceedings shall not ordinarily be refunded
irrespective of whether the proceeding has taken place or not." In rule 7 of the principle rules, in
sub-rule (1), for the letter, figure and words "A4 size with a margin of
at least one inch and a half or", the words, brackets, figures and letters
"A4 size (210 mm x 296.9 mm) with a margin of shall be substituted. In rule 14 of the principal rules,- (a) in
sub-rule (1), after the word "representation", the words "
including computer graphics" shall be inserted. (b) for
sub-rule (3) the following sub-rule shall be substituted,-"Each
representation of the design whether to be applied to a single article or to a set,
shall be on durable paper of A4 size (210mm x 296.9 mm) (and not on cardboard)
and shall appear on one side only of the paper. The figure or figures, shall be
placed in an upright position on the sheet in size in which the details are
clearly visible. When more figures than one are shown, these shall, where
possible, be on one or more sheets, and each shall be designated (e.g.,
perspective view; front perspective view; front view, side view)" etc. (c) in
sub-rule (7), figures and words "5 by 4 inches or" shall be omitted. (d) after
sub-rule (8) the following sub-rules shall be inserted, namely:- "(9)
Photographs shall be pasted on the representation sheets firmly only with the
help of strong adhesive, not by any other means including stapler pin and
cellotape. ?(10)
Where photographs are used in the representation sheets, one of the four copies
of the representation sheets shall not be covered with cellophane/tracing
papers, or any other papers." In rule 15 of the principal rules, in
sub-rule (2), the following words shall be inserted at the end "on an
application made in form 18 with the fee specified in the first
schedule.". In rule 16 of the principal rule, in
sub-rule (1), after the words, brackets and figures "subsection (1)",
the word, bracket and figure "and (5)" shall be inserted. In rule 17 of the principal rule, the
following sentence shall be inserted at the end, "After acceptance the
Controller will issue the certificate of registration as specified in the Fifth
schedule of the rules". In rule 18 of the principal rule, in
sub-rule (1), in the proviso, the following shall be inserted at the
end,-"or may be extended for a further period not exceeding three months
on a request made in form 18 by the applicant or his agent along with the fee
specified in the first schedule before the expiry of the stipulated period of
six months.". For rule 21 of the principal rules,
the following rule shall be substituted, namely. - "21. Non-completion within
stipulated period.- An application which owing to any negligence or default of
the applicant, has not been completed so as to enable registration to be
effected within six months or within extended period as specified in rule 18
from the date of application, shall be deemed to be abandoned.". In rule 22, 25, 27, 39 of the
principal rules, the word "Gazette" wherever it occurs,- the words,
figures and brackets "Journal referred to in section 145 of the Patents
Act 1970 (39 of 1970)" shall be substituted. In rule 28 of the principal rules, in
sub rule 2, for the word "lodge", the word "file" shall be
substituted. In rule 29 of the principal rules, (a) in
sub-rule 1, after the word "statement" the words "and
evidence" shall be inserted. (b) in
sub-rule 2, after the word "statement" the words "and
evidence" shall be inserted. (c) for
sub-rules 3 and 4, the following sub-rules shall be substituted, namely:- ?(3)
"If the registered proprietor intends to oppose the application he shall
within a time to be specified by the Controller, file at the office a counter
statement and evidence setting out the grounds on which he intends to oppose
the application and shall deliver to the applicant a copy thereof simultaneously. ?(4) The
applicant may, after delivery to him of the copy of the registered proprietor's
counter statement and evidence leave at the office, evidence in reply by way of
affidavits in support of his case and shall also deliver to the registered proprietor
a copy of thereof simultaneously." (d) sub-rule 5
and 6 shall be omitted. (e) for
sub-rule 9, the following sub-rule shall be substituted, namely,- "(9)
The time allowed for filling the counter-statement and evidence or for leaving
reply evidence shall ordinarily be one month which may be extended only by a
special order of the Controller given on a petition with the fee specified in
the fist schedule made by party seeking extension of time. Provided that the extension so granted
shall in no case exceed three months in aggregate.". (f) In
sub-rule (10), for the words, figures and brackets "sub rule (3) to
(8)", the words, figures and brackets "sub-rules (1) to (8)"
shall be substituted. In rule 40 of the principal rule, (a) in
sub-rule 2, after the words ''written statement" the words "and the
evidence" shall be inserted. (b) in
sub-rule 3, after the words "written statement", the words "and
evidence" shall be inserted. (c) in
sub-rule 4, for the words, figures and brackets "sub-rules (4) to
(13)", the words, figures and brackets "sub-rules (3) to (11)"
shall be substituted. For rule 47 of the principal rules,
the following rules shall be substituted, namely:- "47.
General Power to enlarge time:- The time prescribed by these rules for doing
any act or taking any proceeding where no special provision is made thereunder
may be enlarged by the Controller, for a period not exceeding three months, if
he thinks fit, and upon such terms as he may direct. 47 A.
Digital Signature. - The signature, as required, wherein applicable, under the
rules may include digital signature". In the THE FIRST SCHEDULE of the
principal rules, - (a) for items
numbers 2,19,26 and entries relating thereto, the following items and entries
shall respectively, be substituted, namely: - In the THE SECOND SCHEDULE of the
principal rules,- (a) in the
List of Forms, under the heading 'Section or Rules' against form No. 2 for the
words, figures and brackets "Section 8 (1)", the words, figures and
brackets "Section 8 (1) and (5)" shall be substituted, and against
form No. 18 for the words and figures "rule 15", the words and
figures "rule 15 and rule 18" shall be substituted. (b) In Form 1,
for the words, number and brackets - "(i) Name of country, (ii) Official date, (iii) Official number.", the
words, numbers and brackets, "(i) Name of the country/inter
governmental organization, (ii) Date of filing, (iii) Application number, (iv) Name of the applicant" shall
be substituted. (c) at the
end, after the words "THE PATENT OFFICE", the word
"CALCUTTA" shall be omitted. (d) In Form 2 (i) after the
words "CLAIM UNDER" for the words, figures and brackets" SECTION
8 (1)", the words, figures and brackets " SECTION 8 (1) &
(5)" shall be substituted (ii) In Form 2
to 17 and 19 to 23, at the end, the word "CALCUTTA" shall be omitted. (e) In Form
18, (a)
For the words, figures and
brackets "[see rule 15]", the words, figures and brackets "[see
rule 15 and rule 18]" shall be substituted. (b)
In paragraph 2, for the words
"application No.__________" the words, numbers and brackets" (i)
application No. __________or (ii) to extend the time period as specified under
Rule 18 in respect of the application No......." shall be substituted. (c)
at the end, after the words
"THE PATENT OFFICE" , the word "CALCUTTA" shall be omitted. (d) In all forms of the Second Schedule the words "The Designs Act,
2000" shall be inserted at the beginning. The THIRD SCHEDULE of
the principal rules shall be substituted, namely:- "THE THIRD
SCHEDULE Classification of Goods (See rule 10) List of Classes and Subclasses, with
Explanatory Notes CLASS 1 Foodstuffs Notes: (a) Including foodstuffs for human
beings, foodstuffs for animals and dietetic foods. (b) Not including packages (Cl. 9). 01-01 BAKERS' PRODUCTS, BISCUITS,
PASTRY, MACARONI AND OTHER CEREAL PRODUCTS, CHOCOLATES, CONFECTIONERY, ICES 01-02 FRUIT AND VEGETABLES 01-03 CHEESES, BUTTER AND BUTTER
SUBSTITUTES, OTHER DAIRY PRODUCE 01-04 BUTCHERS' MEAT (INCLUDING PORK
PRODUCTS), FISH 01-05 [vacant] 01-06 ANIMAL FOODSTUFFS 01-99 MISCELLANEOUS CLASS 2 Articles of clothing and haberdashery Note: Not including
articles of clothing for dolls (Cl. 21-01), special equipment for protection
against fire hazards, for accident prevention and for rescue (Cl. 29), and
animal clothing (Cl. 30-01). 02-01 UNDERGARMENTS,
LINGERIE, CORSETS, BRASSIERES, NIGHTWEAR Notes: (a) Including
orthopedic corsets and body linen. (b) Not including
household linen (Cl. 6-13). 02-02 GARMENTS Notes: (a) Including
all sorts of garments, and furs, bathing costumes, sports clothing and
orthopedic garments, subject to the exceptions indicated under (b). (b) Not including
undergarments (Cl. 2-011 or garments to be placed in Classes 7-03- 2-04; 2^05
or 2:06. 02-03 HEADWEAR Note: Including all
kinds of headwear for men, women and children. 02-04 FOOTWEAR, SOCKS
AND STOCKINGS Note: Including
special boots for sports such as football, skiing and ice hockey, orthopedic
footwear and socks, as well as tights, gaiters and other leg wear. 02-05 NECKTIES,
SCARVES, NECKERCHIEFS AND HANDKERCHIEFS Note: Including all
"flat" clothing accessories. 02-06 GLOVES Note: Including
surgical gloves and rubber or plastic protective gloves for household use or
for various occupations or sports. 02-07 HABERDASHERY
AND CLOTHING ACCESSORIES Notes: (a) Including
buttons, clasps for garments, for headwear and for footwear, laces, pins, hand
sewing, knitting and embroidery equipment and clothing accessories such as
belts, suspenders, braces. (b) Not including yarns or other
threads (Cl. 5-01"), decorative trimmings (Cl. 5-04), sewing, knitting and
embroidery machines (Cl. 15-06) or sewing kits (containers) (Cl. 3-01). 02-99 MISCELLANEOUS CLASS 3 Travel goods, cases, parasols and
personal belongings, not elsewhere specified 03-01 TRUNKS, SUITCASES,
BRIEFCASES, HANDBAGS, KEYHOLDERS, CASES SPECIALLY DESIGNED FOR THEIR CONTENTS,
WALLETS AND SIMILAR ARTICLES Note: Not including articles for the
transport of goods (Cl. 9) or cigar cases and cigarette cases (Cl. 27-06). 03-02 [vacant] 03-03 UMBRELLAS, PARASOLS, SUNSHADES
AND WALKING STICKS 03-04 FANS 03-99 MISCELLANEOUS CLASS 4 Brushware 04-01 BRUSHES AND BROOMS FOR CLEANING Note: Not including clothes brushes
(Cl. 4-02). 04-02 TOILET BRUSHES, CLOTHES BRUSHES
AND SHOE BRUSHES Note: "Toilet brushes" means
brushes for corporal use; for example, for the hair, nails or teeth. 04-03 BRUSHES FOR MACHINES Note: "Brushes for machines"
means brushes incorporated in machines or in special vehicles. 04-04 PAINT
BRUSHES, BRUSHES FOR USE IN COOKING 04-99 MISCELLANEOUS CLASS 5 Textile piece goods, artificial and
natural sheet material Notes: (a) Including all textile or
similar articles, sold by the yard and not made up. (b) Not including ready-made articles
(Cl. 2 or 6). 05-01 SPUN ARTICLES Notes: (a) Including yarn and thread. (b) Not including, for instance, rope,
wire rope, string, twine (Cl. 9-06). 05-02 LACE 05-03 EMBROIDERY 05-04 RIBBONS, BRAIDS AND OTHER
DECORATIVE TRIMMINGS 05-05 TEXTILE FABRICS Note: Including textile fabrics,
woven, knitted or otherwise manufactured, tarpaulins, felt and loden. 05-06 ARTIFICIAL OR NATURAL SHEET
MATERIAL Notes: (a) Including sheets whose only
characteristic features are their surface ornamentation or their texture; in
particular, covering sheets such as wallpaper, linoleum, self-adhesive plastic
sheets, wrapping sheets and rolls of paper, subject to the exceptions indicated
under (b). (b) Not including writing paper, even
in rolls (Cl. 19-01), or sheets used as building components, such as wall
panels and wainscoting (Cl. 25-01). 05-99 MISCELLANEOUS CLASS 6 Furnishing Notes: (a) Composite furniture
articles embodying components included in several subclasses are classified in
Class 6-05. (b) Sets of furniture, as far as they
can be looked upon as one design, are classified in Class 6-05. (c) Not including textile piecegoods
(Cl. 5). 06-01 SEATS Notes: (a) Including all seats even if
they are suitable for laying, such as benches, couches, divans [sofas],
ottomans, benches for saunas and sofas. (b) Including vehicle seats. 06-02 BEDS Notes: (a) Including mattress
supports. (b) Not including seats suitable for
laying (Cl. 6-01). such as benches, couches, divans [sofas], ottomans, benches
for saunas and sofas. 06-03 TABLES AND SIMILAR FURNITURE 06-04 STORAGE FURNITURE Note: Including cupboards, furniture
with drawers or compartments, and shelves. 06-05 COMPOSITE FURNITURE 06-06 OTHER FURNITURE AND FURNITURE
PARTS 06-07 MIRRORS AND FRAMES Note: Not including mirrors included
in other classes (see Alphabetical List). 06-08 CLOTHES HANGERS 06-09 MATTRESSES AND CUSHIONS 06-10 CURTAINS AND INDOOR BLINDS 06-11 CARPETS, MATS AND RUGS 06-12 TAPESTRIES 06-13 BLANKETS AND OTHER COVERING
MATERIALS, HOUSEHOLD LINEN AND NAPERY Note: Including furniture covers,
bedspreads and table covers. 06-99 MISCELLANEOUS CLASS 7 Household goods, not elsewhere
specified Notes: (a) Including household
appliances and utensils operated by hand, even if motor driven. (b) Not including machines and
appliances for preparing food and drink (Cl.31). 07-01 CHINA, GLASSWARE, DISHES AND
OTHER ARTICLES OF A SIMILAR NATURE Notes: (a) Including dishes and
crockery in all materials; in particular, paper and cardboard dishes. (b) Not including cooking utensils and
containers, such as glass and earthenware pots (Cl. 7-02), or flower vases,
flower pots and china and glassware of a purely ornamental nature (Cl.11-02). 07-02 COOKING APPLIANCES, UTENSILSAND
CONTAINERS 07-03 TABLE KNIVES, FORKS AND SPOONS 07-04 APPLIANCES AND UTENSILS,
HAND-MANIPULATED, FOR PREPARING FOOD OR DRINK Note: Not including appliances and
utensils classified in Class 7-02 and in Class 31. 07-05 FLAT IRONS AND WASHING, CLEANING
AND DRYING EQUIPMENT Note: Not including electric household
appliances for washing, cleaning or drying (Cl. 15-05). 07-06 OTHER TABLE
UTENSILS 07-07 OTHER HOUSEHOLD RECEPTACLES 07-08 FIREPLACE IMPLEMENTS 07-99 MISCELLANEOUS CLASS 8 Tools and hardware Notes: (a) Including hand-operated
tools, even if mechanical power takes the place of muscular force; for example,
electric saws and drills. (b) Not including machines or machine
tools (Cl. 15 or 31). 08-01 TOOLS AND IMPLEMENTS FOR
DRILLING, MILLING OR DIGGING 08-02 HAMMERS AND OTHER SIMILAR TOOLS
AND IMPLEMENTS 08-03 CUTTING TOOLS AND IMPLEMENTS Notes: (a) Including tools and
instruments for sawing. (b) Not including table knives (Cl.
7-03), cutting tools and implements for kitchen use (Cl 31), or knives used in
surgery (Cl. 24-02). 08-04 SCREWDRIVERS AND OTHER SIMILAR
TOOLS AND IMPLEMENTS 08-05 OTHER TOOLS ANDIMPLEMENTS Note: Including tools which are not
classified, or not to be placed, in other subclasses or classes. 08-06 HANDLES, KNOBS AND HINGES 08-07 LOCKING OR CLOSING DEVICES 08-08 FASTENING, SUPPORTING OR
MOUNTING DEVICES NOT INCLUDED IN OTHER CLASSES Notes: (a) Including nails, screws,
nuts and bolts. (b) Not including fastening devices
for clothing (Cl. 2-07), for adornment (Cl. 11-01), or for office use (Cl.
19-02). 08-09 METAL FITTINGS AND MOUNTINGS FOR
DOORS, WINDOWS AND FURNITURE, AND SIMILAR ARTICLES 08-10 BICYCLE AND MOTORCYCLE RACKS 08-99 MISCELLANEOUS Note: Including non-electric cables,
regardless of the material of which they are made. CLASS 9 Packages and containers for the
transport or handling of goods 09-01 BOTTLES, FLASKS, POTS, CARBOYS,
DEMIJOHNS, AND CONTAINERS WITH DYNAMIC DISPENSING MEANS Notes: (a) "Pots" means
those serving as containers. (b) Not including pots regarded as
crockery (Cl. 7-01), or flower pots (Cl. 11-02). 09-02 STORAGE CANS, DRUMS AND CASKS 09-03 BOXES, CASES, CONTAINERS,
(PRESERVE) TINS OR CANS Note: Including freight containers. 09-04 HAMPERS, CRATES AND BASKETS 09-05 BAGS, SACHETS, TUBES AND
CAPSULES Notes: (a) Including plastic bags or
sachets, with or without handle or means of closing. (b) "Capsules" means those
used for packaging. 09-06 ROPES AND HOOPING MATERIALS 09-07 CLOSING MEANS AND ATTACHMENTS Notes: (a) Including only closing
means for packages. (b) "Attachments" means, for
example, dispensing and dosing devices incorporated in containers and
detachable atomizers. 09-08 PALLETS AND PLATFORMS FOR
FORKLIFTS 09-09 REFUSE AND TRASH CONTAINERS AND
STANDS THEREFOR 09-99 MISCELLANEOUS CLASS 10 Clocks and watches and other measuring
instruments, checking and signaling instruments Note: Including electrically-driven
instruments. 10-01 CLOCKS AND ALARM CLOCKS 10-02 WATCHES AND WRIST WATCHES 10-03 OTHER TIME-MEASURING INSTRUMENTS Note: Including time-measuring
apparatus such as parking meters, timers for kitchen use and similar
instruments. 10-04 OTHER MEASURING INSTRUMENTS,
APPARATUS AND DEVICES Notes: (a) Including instruments,
apparatus and devices for measuring temperature, pressure, weight, length,
volume and electricity. (b) Not including exposure meters (Cl.
16-05). 10-05 INSTRUMENTS, APPARATUS AND
DEVICES FOR CHECKING, SECURITY OR TESTING Note: Including fire and burglar
alarms, and detectors of various types. 10-06 SIGNALLING APPARATUS AND DEVICES Note: Not including lighting or
signaling devices for vehicles (Cl. 26-06). 10.07 CASINGS, CASES, DIALS, HANDS AND
ALL OTHER PARTS AND ACCESSORIES OF INSTRUMENTS FOR MEASURING, CHECKING AND
SIGNALLING Note: "Casings" means watch
and clock casings and all casings being integral parts of instruments of which
they protect the mechanism, with the exception of cases specially designed for
their contents (Cl. 3-01) or for packaging (Cl. 9-03). 10-99 MISCELLANEOUS CLASS 11 Articles of adornment 11-01 JEWELLERY Notes: (a) Including fancy and
imitation jewellery. (b) Not including watches (Cl. 10-02). 11-02 TRINKETS, TABLE, MANTEL AND WALL
ORNAMENTS, FLOWER VASES AND POTS Note: Including sculptures, mobiles
and statues. 11-03 MEDALS AND BADGES 11-04 ARTIFICIAL FLOWERS, FRUIT AND
PLANTS 11-05 FLAGS, FESTIVE DECORATIONS Notes: (a) Including garlands,
streamers and Christmas tree decorations. (b) Not including candles (Cl. 26-04). 11-99 MISCELLANEOUS CLASS 12 Means of transport or hoisting Notes: (a) Including all vehicles:
land, sea, air, space and others. (b) Including parts, components and
accessories which exist only in connection with a vehicle and cannot be placed
in another class; these parts, components and accessories of vehicles are to be
placed in the subclass of the vehicle in question, or in Class 12-16 if they
are common to several vehicles included in different subclasses. (c) Not including, in principle,
parts, components and accessories of vehicles which can be placed in another
class; these parts, components and accessories are to be placed in the same
class as articles of the same type, in other words, having the same function.
Thus, carpets or mats for automobiles are to be placed with carpets (Cl.6-11);
electric motors for vehicles are to be placed in Class 13-01, and non-electric
motors for vehicles in Class .15; 01 (the same applies to the components of
such motors); automobile headlamps are to be placed with lighting apparatus
(Cl. 26-06). (d) Not including scale models of
vehicles (Cl. 21-0). 12-01 VEHICLES DRAWN BY ANIMALS 12-02 HANDCARTS, WHEELBARROWS 12-03 LOCOMOTIVES AND ROLLING STOCK
FOR RAILWAYS AND ALL OTHER RAIL VEHICLES 12-04 TELPHER CARRIERS, CHAIR LIFTS AND
SKI LIFTS 12-05 ELEVATORS AND HOISTS FOR LOADING
OR CONVEYING Note: Including passenger lifts, goods
lifts, cranes, forklift trucks and conveyor belts. 12-06 SHIPS AND BOATS 12-07 AIRCRAFTS AND SPACE VEHICLES 12-08 MOTOR CARS, BUSES AND LORRIES Note: Including ambulances and
refrigerator vans (road). 12-09 TRACTORS 12-10 ROAD VEHICLE TRAILERS Note: Including caravans. 12-11 CYCLES AND MOTORCYCLES 12-12 PERAMBULATORS, INVALID CHAIRS,
STRETCHERS Notes: (a) "Perambulators"
means hand carriages for infants. (b) Not including toy perambulators
(Cl. 21-01). 12-13 SPECIAL-PURPOSE VEHICLES Notes: (a) Including only vehicles not
specifically intended for transport, such as street-cleaning vehicles, watering
lorries, fire engines, snow ploughs and breakdown lorries. (b) Not including mixed-purpose
agricultural machines (Cl. 15-031 or self-propelled machines for use in
construction and civil engineering (Cl. 15-04). 12-14 OTHER VEHICLES Note: Including sleighs and
air-cushion vehicles. 12-15 TYRES AND ANTI-SKID CHAINS FOR
VEHICLES 12-16 PARTS, EQUIPMENT AND ACCESSORIES
FOR VEHICLES, NOT INCLUDED IN OTHER CLASSES OR SUBCLASSES 12-99 MISCELLANEOUS CLASS 13 Equipment for production, distribution
or transformation of electricity Notes: (a) Including only apparatus
which produces, distributes or transforms electric current. (b) Including electric motors,
however. (c) Not including electrically-driven
apparatus, such as electric watches (Cl. 10-02). or apparatus for the
measurement of electric current (Cl. 10-04). 13-01 GENERATORS AND MOTORS Note: Including electric motors for
vehicles. 13-02 POWER TRANSFORMERS, RECTIFIERS,
BATTERIES AND ACCUMULATORS 13-03 EQUIPMENT FOR DISTRIBUTION OR
CONTROL OF ELECTRIC POWER Note: Including conductors, switches
and switchboards. 13-99 MISCELLANEOUS CLASS 14 Recording, communication or
information retrieval equipment 14-01 EQUIPMENT FOR THE RECORDING OR
REPRODUCTION OF SOUNDS OR PICTURES Note: Not including photpgraphic or cinematographic
apparatus (Cl. 16). 14-02 DATA PROCESSING EQUIPMENT AS
WELL AS PERIPHERAL APPARATUS AND DEVICES 14-03 COMMUNICATIONS EQUIPMENT,
WIRELESS REMOTE CONTROLS AND RADIO AMPLIFIERS Note: Including telegraphic, telephone
and television apparatus, as well as wireless apparatus and teleprinters. 14-04 SCREEN DISPLAYS AND ICONS 14-99 MISCELLANEOUS CLASS 15 Machines, not elsewhere specified 15-01 ENGINES Notes: (a) Including non-electric
engines for vehicles. (b) Not including electric motors (Cl.
13). 15-02 PUMPS AND COMPRESSORS Note: Not including hand or foot pumps
(Cl. 8-05), or fire extinguishing pumps (Cl. 29-01). 15-03 AGRICULTURAL MACHINERY Notes: (a) Including ploughs and
combined machinery, i.e., both machines and vehicles, for example, reaping and
binding machines. (b) Not including hand tools (Cl.8). 15-04 CONSTRUCTION MACHINERY Notes: (a) Including machines used in
civil engineering and self-propelled machines such as excavators, concrete
mixers and dredgers. (b) Not including hoists and cranes
(Cl. 12-05). 15-05 WASHING, CLEANING AND DRYING
MACHINES Notes: (a) Including appliances and
machines for treating linen and clothes, such as ironing machines and wringers. (b) Including dishwashing machines and
industrial drying equipment. 15-06 TEXTILE, SEWING, KNITTING AND
EMBROIDERING MACHINES, INCLUDING THEIR INTEGRAL PARTS 15-07 REFRIGERATION MACHINERY AND
APPARATUS Notes: (a) Including household
refrigeration apparatus. (b) Not including refrigerator wagons
(rail) (Cl. 12-03) or refrigerator vans (road) (Cl. 12-08). 15-08 [vacant] 15-09 MACHINE TOOLS, ABRADING AND
FOUNDING MACHINERY Note: Not including earth working machinery
and material separators (Cl. 15-99). 15-99 MISCELLANEOUS CLASS 16 Photographic, cinematographic and
optical apparatus Note: Not including lamps for
photography or filming (Cl. 26-05). 16-01 PHOTOGRAPHIC CAMERAS AND FILM
CAMERAS 16-02 PROJECTORS AND VIEWERS 16-03 PHOTOCOPYING APPARATUS AND
ENLARGERS Note: Including microfilming equipment
and apparatus for viewing microfilms, as well as office machines known as
"photocopying" apparatus which use other than photographic processes
(in particular, thermal or magnetic processes). 16-04 DEVELOPING APPARATUS AND
EQUIPMENT 16-05 ACCESSORIES Note: Including filters for
photographic cameras, exposure meters, tripods and photographic flashlight
apparatus. 16-06 OPTICAL ARTICLES Notes: (a) Including spectacles and
microscopes. (b) Not including measuring
instruments embodying optical devices (Cl. 10-04). 16-99 MISCELLANEOUS CLASS 17 Musical instruments Note: Not including cases for musical
instruments (Cl. 3-01), or equipment for the recording or reproduction of
sounds (Cl. 14-01). 17-01 KEYBOARD INSTRUMENTS Note: Including electronic and other
organs, accordions, and mechanical and other pianos. 17-02 WIND INSTRUMENTS Note: Not including organs, harmoniums
and accordions (Cl. 17-01). 17-03 STRINGED INSTRUMENTS 17-04 PERCUSSION INSTRUMENTS 17-05 MECHANICAL INSTRUMENTS Notes: (a) Including music boxes. (b) Not including mechanical keyboard
instruments (Cl. 17-01). 17-99 MISCELLANEOUS CLASS 18 Printing and office machinery 18-01 TYPEWRITERS AND CALCULATING
MACHINES Note: Not including computers and
other apparatus to be placed in Class 14-02. 18-02 PRINTING MACHINES Notes: (a) Including typesetting
machines, stereotype machines and apparatus, typographic machines and other
reproducing machines such as duplicators and offset equipment, as well as
addressing machines, franking and cancelling machines. (b) Not including photocopying
machinery (Cl. 16-03). 18-03 TYPE AND TYPE FACES 18-04 BOOKBINDING MACHINES, PRINTERS'
STAPLING MACHINES, GUILLOTINES AND TRIMMERS (FOR BOOKBINDING) Note: Including machines and similar
devices for cutting paper, analogous to guillotines and trimmers. 18-99 MISCELLANEOUS CLASS 19 Stationery and office equipment,
artists' and teaching materials 19-01 WRITING PAPER, CARDS FOR
CORRESPONDENCE AND ANNOUNCEMENTS Note: Including all paper, in the
widest sense of the term, which is used for writing, drawing, painting or
printing, such as tracing paper, carbon paper, newsprint, envelopes, greetings
cards and illustrated postcards, even if they embody a sound recording. 19-02 OFFICE EQUIPMENT Notes: (a) Including equipment used at
cash desks, such as change sorters. (b) Some office equipment is to be
placed in other subclasses or classes; for example, office furniture in Class
6, office machines and equipment in Classes 14-02; 16-03; 18-01; 18-02 or
18-04, and writing materials in Class 19-01 or 19-06 (see Alphabetical List).
19-03 CALENDARS Note: Not including-'diaries (Cl. 19-04). 19-04 BOOKS AND OTHER OBJECTS OF
SIMILAR OUTWARD APPEARANCE Note: Including covers of books,
bindings, albums, diaries and similar objects. 19-05 [vacant] 19-06 MATERIALS AND INSTRUMENTS FOR
WRITING BY HAND, FOR DRAWING, FOR PAINTING, FOR SCULPTURE, FOR ENGRAVING AND
FOR OTHER ARTISTIC TECHNIQUES Note: Not including paintbrushes (Cl.
4-04). drawing tables and attached equipment (Cl. 6-03), or writing paper (Cl.
19-01). 19-07 TEACHING MATERIALS Notes: (a) Including maps of all
kinds, globes and planetariums. (b) Not including audio-visual
teaching aids (Cl. 14-01). 19-08 OTHER PRINTED MATTER Note: Including printed advertising
materials. 19-99 MISCELLANEOUS CLASS 20 Sales and advertising equipment, signs 20-01 AUTOMATIC VENDING MACHINES 20-02 DISPLAY AND SALES EQUIPMENT Note: Not including articles of
furniture (Cl.6). 20-03 SIGNS, SIGNBOARDS AND
ADVERTISING DEVICES Notes: (a) Including luminous
advertising devices and mobile advertising devices. (b) Not including packages (Cl.9), or
signalling devices (Cl. 10-06). 20-99 MISCELLANEOUS CLASS 21 Games, toys, tents and sports goods 21-01 GAMES AND TOYS Notes: (a) Including scale models. (b) Not including toys for animals
(Cl. 30-99). 21-02 GYMNASTICS AND SPORTS APPARATUS
AND EQUIPMENT Notes: (a) Including, as sports
equipment: apparatus and equipment necessary for the various sports which have
no other specific purpose, such as footballs, skis and tennis rackets, to the
exclusion of all other objects which may also be used in practising a given
sport. (b) Including, subject to the
reservation mentioned under (a), training equipment and apparatus and equipment
necessary for outdoor games. (c) Not including sports clothing (Cl.
2), toboggans or sleighs (Cl. 12-14). 21-03 OTHER AMUSEMENT AND
ENTERTAINMENT ARTICLES Notes: (a) Including fairground
roundabouts and automatic machines for games of chance. (b) Not including games and toys (Cl.
21-01), or other articles to be placed in Class 21-01 or 21-02. 21-04 TENTS AND ACCESSORIES THEREOF Notes: (a) Including poles, pegs and
other similar articles. (b) Not including other camping
articles to be placed in other classes according to their nature, such as
chairs (Cl. 6-01). tables (Cl. 6-03), plates (Cl. 7-01) and caravans (Cl.
12-10). 21-99 MISCELLANEOUS CLASS 22 Arms, pyrotechnic articles, articles
for hunting, fishing and pest killing 22-01 PROJECTILE WEAPONS 22-02 OTHER WEAPONS 22-03 AMMUNITION, ROCKETS AND
PYROTECHNIC ARTICLES 22-04 TARGETS AND ACCESSORIES Note: Including the special device for
actuating mobile targets. 22-05 HUNTING AND FISHING EQUIPMENT Note: Not including articles of
clothing (Cl. 2), or weapons (Cl. 22-01 or 22-02). 22-06 TRAPS, ARTICLES FOR PEST KILLING 22-99 MISCELLANEOUS CLASS 23 Fluid distribution equipment,
sanitary, heating, ventilation and air-conditioning equipment, solid fuel 23-01 FLUID DISTRIBUTION EQUIPMENT Note: Including pipes and pipe
fittings. 23-02 SANITARY APPLIANCES Notes: (a) Including baths, showers,
washbasins, saunas, water closets, sanitary units and sanitary accessories not
included in other classes. (b) Not including pipes or pipe
fittings (Cl. 23-01). 23-03 HEATING EQUIPMENT 23-04 VENTILATION AND AIR-CONDITIONING
EQUIPMENT 23-05 SOLID FUEL 23-99 MISCELLANEOUS CLASS 24 Medical and laboratory equipment Note: The term "medical
equipment" covers also surgical, dental and veterinary equipment. 24-01 APPARATUS AND EQUIPMENT FOR
DOCTORS, HOSPITALS AND LABORATORIES 24-02 MEDICAL INSTRUMENTS, INSTRUMENTS
AND TOOLS FOR LABORATORY USE Note: Including only hand-operated
instruments. 24-03 PROSTHETIC ARTICLES 24-04 MATERIALS FOR DRESSING WOUNDS,
NURSING AND MEDICAL CARE Note: Including absorbent dressings. 24-99 MISCELLANEOUS CLASS 25 Building units and construction
elements 25-01 BUILDING MATERIALS Note: Including bricks, beams,
pre-shaped strips, tiles, slates and panels. 25-02 PREFABRICATED OR PRE-ASSEMBLED
BUILDING PARTS Notes: (a) Including windows, doors,
outdoor shutters, partition walls and gratings. (b) Not including staircases (Cl.
25-04). 25-03 HOUSES, GARAGES AND OTHER
BUILDINGS 25-04 STEPS, UDDERS AND SCAFFOLDS 25-99 MISCELLANEOUS CLASS 26 Lighting apparatus 26-01 CANDLESTICKS AND CANDELABRA 26-02 TORCHES AND HAND LAMPS AND
LANTERNS 26-03 PUBLIC LIGHTING FIXTURES Note: Including outside lamps, stage
lighting and searchlight projectors. 26-04 LUMINOUS SOURCES, ELECTRICAL OR
NOT Note: Including bulbs for electric
lamps, luminous plaques and tubes, and candles. 26-05 LAMPS, STANDARD LAMPS,
CHANDELIERS, WALL AND CEILING FIXTURES, LAMPSHADES, REFLECTORS, PHOTOGRAPHIC
AND CINEMATOGRAPHIC PROJECTOR LAMPS 26-06 LUMINOUS DEVICES FOR VEHICLES 26-99 MISCELLANEOUS CLASS 27 Tobacco and smokers' supplies 27-01 TOBACCO, CIGARS AND CIGARETTES 27-02 PIPES, CIGAR AND CIGARETTE
HOLDERS 27-03 ASHTRAYS 27-04 MATCHES 27-05 LIGHTERS 27-06 CIGAR CASES, CIGARETTE CASES,
TOBACCO JARS AND POUCHES Note: Not including packages (Cl. 9). 27-99 MISCELLANEOUS CLASS 28 Pharmaceutical and cosmetic products,
toilet articles and apparatus 28-01 PHARMACEUTICAL PRODUCTS Notes: (a) Including for animals. (b) Including chemicals in cachet,
capsule, lozenge, pill and tablet forms. (c) Not including materials for
dressing wounds and nursing (Cl. 24-04). 28-02 COSMETIC PRODUCTS Note: Including for animals. 28-03 TOILET ARTICLES AND BEAUTY
PARLOR EQUIPMENT Notes: (a) Including razors, apparatus
and appliances for massaging, hair removing or hair dressing. (b) Not including toilet and make-up
brushes (Cl. 4-02), or articles and equipment for animals (Cl. 30-99). 28-04 WIGS, FALSE HAIRPIECES 28-99 MISCELLANEOUS CLASS 29 Devices and equipment against fire
hazards, for accident prevention and for rescue 29-01 DEVICES AND EQUIPMENT AGAINST
FIRE HAZARDS Notes: (a) Including fire
extinguishers. (b) Not including fire engines
(vehicles) (Cl. 12-13), fire-hoses and nozzles for fire-hoses (Cl. 23-01). 29-02 DEVICES AND EQUIPMENT FOR
ACCIDENT PREVENTION AND FOR RESCUE, NOT ELSEWHERE SPECIFIED Notes: (a) Including devices and
equipment for animals. (b) Not including helmets (Cl. 2-03)
and garments for protection against accidents (Cl. 2- 02; 2-04 or 2-06). 29-99 MISCELLANEOUS CLASS 30 Articles for the care and handling of
animals Note: Not including animal foodstuffs
(Cl. 1), or pharmaceutical and cosmetic products for animals (Cl. 28-01 or
28-02). 30-01 ANIMAL CLOTHING 30-02 PENS, CAGES, KENNELS AND SIMILAR
SHELTERS Note: Not including buildings (Cl.
25). 30-03 FEEDERS AND WATERERS 30-04 SADDLERY Note: Including collars for animals. 30-05 WHIPS AND PRODS 30-06 BEDS AND NESTS 30-07 PERCHES AND OTHER CAGE
ATTACHMENTS 30-08 MARKERS, MARKS AND SHACKLES 30-09 HITCHING POSTS 30-99 MISCELLANEOUS CLASS 31 Machines and appliances for preparing
food or drink, not elsewhere specified Note: Not including hand-manipulated
utensils, instruments and appliances for serving or preparing food or drink
(Cl. 7). 31-00 MACHINES AND APPLIANCES FOR
PREPARING FOOD OR DRINK, NOT ELSEWHERE SPECIFIED CLASS 99 Miscellaneous Note: Including all the products not
included in the preceding classes. 99-00 MISCELLANEOUS.". In the THE FOURTH SCHEDULE of the
principal rules,:- (a) for items
number 6 and 7 and entries relating thereto, the following item and entries
shall be substituted namely. "6 For statement and
evidence under Rules 29(1) and 40(2) 200.00 7 Counter statement and
evidence under rules 29(3) and 40(4) 200.00" After fourth Schedule of the principal
rules, the following Schedule shall be inserted, namely:- "THE FIFTH
SCHEDULE (See Rule 17) ORIGINAL No. GOVERNMENT
OF INDIA THE
PATENT OFFICE CERTIFICATE
OF REGISTRATION OF DESIGN Design
No............................ Date.................................... Reciprocity
date.................... Country............................... Certified
that the Design of which a copy is annexed hereto has been registered as of the
number and date given above in
class.................................................in respect of the
application of such design
to............................................................... ..........................................................................................in
the name of. .......................................................................................... .......................................................................................... .......................................................................................... .......................................................................................... in
pursuance of and subject to the provisions of the Designs Act, 2000 and the
Designs Rules, 2001. Controller
General of Patents, Designs and Trade Marks The
reciprocity date (if any) which has been allowed and the name of the country. Copyright
in the design will subsist for ten years from the date of Registration, and may
under the terms of the Act and Rules, be extended for a further period of five
years. This
Certificate is not for use in legal proceedings or for obtaining registration
abroad. Date
of issue Referred
InDESIGNS (AMENDMENT) RULES, 2008