MINISTRY OF COMMERCE & INDUSTRY (DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION)
New Delhi, Dated: The 11th May, 2001
S.O. 414 (E)……….. In exercise of the powers conferred by sub-section (3) of section 1 of the Design Act, 2000 (16 of 2000), the Central Government hereby appoints the 11th day of May, 2001 as the date on which the said Act shall come into force.
S.O.(E)............ whereas a draft of Design Rules was published as required by sub-section (3) of section 47 of the Design Act, 2000 (16 of 2000), by the notification of the Government of India, Ministry of Commerce and Industry No.S.O.1069 (E) dated 29th November, 2000 at pages 56 to 115 of the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii) dated the 29th November, 2000;
And whereas, objections and suggestions were invited till the 4th January, 2001 from all persons likely to be affected thereby;
And whereas, the draft of the Design Rules was made available to the public on the 4th December, 2000 through the said Gazette dated November 29, 2000;
And whereas, the objections and suggestions received from the public with respect to the said draft Rules have been considered by the Central Government;
Now, therefore, in exercise of the powers conferred by section 47 of the Design Act, 2000 (16 of 2000), the Central Government hereby makes the following rules, namely:
1. Short title and commencement:- (1) These rules may be called the Designs Rules, 2001.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions -In these rules, unless there is anything repugnant in the subject or context,
3. 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 through the post or registered post or speed post or courier service, and, if sent by a prepaid letter or registered post or speed post or courier service, shall be deemed to have been filed, left, made or given at the time when the letter containing the same would be delivered in the ordinary course of mail ,and in proving such sending, it shall be sufficient to prove that the letter was properly addressed and mailed. If the documents sent through tele-fax/e-mail, are clear and fully legible, they shall also be accepted provided that original documents corresponding to the one sent by tele-fax/e-mail is submitted to the office within fifteen days from the date of receipt of the documents so faxed/e-mailed.
Provided that the requisite amount of money is available at the credit of the person making the request.
6. Forms. -(1) The forms set forth in the Second Schedule, with such variations, as the circumstances of each case require, shall be used for the purposes mentioned therein.
(2) When no form is so specified for any purpose, the applicant may adopt any form specified in the Second Schedule with such modification and variation as the controller may permit.
7. Size, etc., of documents. - (1) All documents and copies of documents except drawings or representation, sent to or filed, left at the Office or otherwise furnished to the Controller shall be written, typewritten, lithographed, or printed in the English/Hindi language (unless otherwise directed), in large and legible character with deep permanent ink upon one side only of strong white paper of A4 size with a margin of at least one inch and a half or four centimeters on the left hand part thereof. Signatures thereto shall be written in a large and legible hand and any signature which is not legible or which is written in a script other than English shall be accompanied by a transcription of the name in English in block letters.
specified in sections 5,12,19 and 37 of the Act shall be dated and signed at the foot, and shall contain a
statement that the facts and matters stated therein are true to the best of the knowledge, information
and belief of the person signing them.
(2) If any doubt arises as to the class to which any particular description of article belongs, it shall be determined by the Controller in consultation with the applicant wherever required.
Application for Registration
11. Application. -(1) An application under section 5 of the Act for the registration of a design shall be accompanied by four copies of the representation of the design and the application and each of copy of the representation of the design shall be dated and signed by the applicant or his agent.
15. Reciprocity application for the registration of a design. -(1) Every reciprocity application for the registration of a design shall contain a statement that an application in United Kingdom or convention country or group of countries or inter-governmental organisation has been made for the protection of the design to which such reciprocity application relates and shall specify convention country or group of countries or inter-governmental organisation in which any such application has been made and the official date or dates thereof respectively. The application shall be made within six months from the date of the first application in United Kingdom or convention country or group of countries or inter-governmental organisation by the person by whom such application in United Kingdom or convention country or group of countries or inter-governmental organisation was made, or by the legal representative or assignee of the person either alone or jointly with any other person.
under sub-section (1) of section 8 shall be made in Form-2.
(2) The original assignment or agreement or other document affecting right,title or interest in the application or an official or notarially certified copy thereof shall also be furnished for the Controller’s inspection and the Controller may call for such other proof of title or written consent as he may require.
Provided that the period for removal of the objection shall not exceed the time period of six months from the date of filing of the application.
25. Payment of unpaid extension fee. -(1) If the Controller decides in favour of the registered proprietor of the design, the proprietor shall pay the unpaid fees for the extension of copyright and additional fee specified in the First Schedule, within a month from the date of the order of the Controller allowing the proprietor for restoration of the deisign.
(2) The Controller shall advertise in the Official Gazette his decision on the application for restoration.
Marking of Articles
registered design has been applied, the proprietor of such design shall cause each such article to be
marked with the word REGISTERED or with the abbreviation REGD., or with the abbreviation RD,
as he may choose, and also (except in the case of articles made of soft or brittle in nature to which have
been applied designs registered in different classes of articles) with the number appearing on the
certificate of registration:
Provided that the requirements of this rule and clause (b) of sub-section (1) of section 15 of the Act shall be dispensed with as regards
(2) If the applicant is unable to furnish the registration number of the design, he shall lodge with the Controller, in Form 7 together with such information as is in his possession, and the Controller shall thereupon cause search to be made in the class indicated therein as much as be possible on the information supplied, and shall furnish such information as may be obtainable. Where Form 7 is accompanied by a representation or specimen of the design, such representation or specimen shall be furnished in duplicate.
29. Cancellation of registration of designs under section 19. -(1) A petition to the Controller for the cancellation of the registration of a design shall be made in duplicate in Form - 8 and shall be accompanied by a statement in duplicate setting out the nature of the applicant’s interest and the facts upon which he bases his application.
9) The time allowed for filling the counter-statement or for leaving evidence shall ordinarily be one month which may be extended only by a special order of the Controller given on a petition made by party seeking extension of time:
Provided that the extension so granted shall in no case exceed three months in aggregate.
(10)On completion of the filing of the statement and the evidence referred to sub-rules (3) to (8) or at such other time as he may decide, the Controller shall appoint a hearing of the petition for cancellation and shall give the parties not less than ten days’ notice of such hearing.
(11)If either party desires to be heard, he shall give to the Controller a notice in Form 20 of his intention to attend the hearing.
(12)If, at the hearing, either party intends to refer to any publication, he shall give to the Controller and to the other party not less than five days’ notice of such intention, together with the details of the publication to which he intends to refer.
(13)After hearing the party or parties desirous of being heard or without a hearing, if neither party desires to be heard or attends the hearing, the Controller shall decide on the petition and the opposition, if any, and notify his decision to the parties.
GENERAL
30. Registering designs.- (1)When a design is accepted, there shall be entered in the Register of Design, in addition to the particulars required by the Act, the number of the design, the class in which it is registered, the date of filling the application for registration in this country, the reciprocity date, if any, claim for the registration, and such other matters as would effect the validity or proprietorship of the design.
(2) When such Register of Design is maintained wholly or partly on computer under floppies or diskettes, such computer floppies or diskettes shall be maintained under superintendence and control of Controller and in case of any dispute or doubt with regard to information of designs, the information as contained in the backup file or master file
shall be final.
(3)Where the accepted design is one in respect of which a reciprocity date has been allowed, the registration, the extension or the expiration of the copyright in the said design shall be reckoned from such reciprocity date.
“In pursuance of an application received on the
[…………………………………………………………]
Registered as Proprietors Licensees Mortgagees etc.
By virtue of Assignment Licence Mortgage deed etc.
dated _________________ and made between ________________
of the one part and _______________
of the other part.
(4)The procedure specified in sub-rules (4) to (13) for rule 29 relating to leaving evidence and hearing shall, so far as may be, apply to the hearing of the application under section 31 as they apply to the hearing of a petition under section 19.
43. Scale of Costs. -In all proceedings before the Controller, the Controller may, save as otherwise expressly provided by the Act or these rules, award such costs as he considers reasonable, having regard to all circumstances of the case provided that the amount of costs awarded in respect of any matters set forth in the Fourth Schedule to these rules shall not exceed the amount therein specified.
44. Exercise of discretionary power of Controller, miscellaneous power of Controller. - The time within which a person entitled under section 33 of the Act, to an opportunity of being heard shall exercise his option of requiring to be heard shall be one month from the date of a notice which the Controller shall give to such person or his agent before determining the matter with reference to which such person is entitled to be heard. If within that month such person or his agent requires to be heard, the Controller shall appoint a date for the hearing and shall give ten days notice thereof:
Provided that if the giving of ten day’s notice would cause an application for the
registration of design to be deemed to have been abandoned before the hearing, the
Controller may curtail the period of notice.
45. Controller may require statement. -Whether an applicant or agent desires to be heard or not, the Controller may at any time require him to submit a statement in writing within a time to be notified by the Controller, or to attend before him and make explanations with respect to such matters as the Controller may require.
General Power of amendment. -Any document for the amending of which no special provision is made by the Act may be amended, and any irregularity in procedure which, in the opinion of the Controller, may be obviated without detriment to the interest of any person, may be corrected if the Controller thinks fit, and upon such terms as he may direct.
47. General Power to enlarge time. - The time prescribed by these rules for doing any act or taking any proceeding thereunder maybe enlarged by the Controller, if he thinks fit, and upon such terms as he may direct.
48. Repeal. -The Designs Rules, 1933 are hereby repealed:
Provided that any application or other matter pending under those rules on the date of the coming into force of these rules shall be disposed of under those rules.
THE FIRST SCHEDULE
Fee (Rs.) Entry
form
1.
On application for registration of design under 1
1000.00 sections 5 and 44.
2.
On claim under section 8(1) to proceed as an 2
500.00 applicant or joint applicant.
3.
On application for extension of copy right 3
2000.00 under section 11(2).
4.
On application for restoration of lapsed design under 4
1000.00 section 12(2).
5.
Additional fee for restoration.
1000.00
6.
Inspection of registered design under section 17(1). 5 500.00
7.
On request for information of design when registration 6
500.00 no. given under Section 18.
8.
On request for information of design when registration 7
1000.00 no. not given.
9.
On petition for cancellation of design under 8
1500.00 section 19.
10.
Notice of intended exhibition or publication of an 9
500.00 unregistered design under section 21.
11.
Application for registration of a document in Register
10 of Design under section 30(3), in respect of one design.
500.00
for each additional design.
200.00
12.
On application for entry of name of proprietor or part
11 proprietor in Register of Design under section 30,in respect of one design.
500.00
for each additional design.
200.00
Contd...
No. of on what payable No. of Fee
| Entry13. | On application for entry of mortgage or licence in Register of design under section 30 in respect of one design. for each additional design. | form 12 | 500.00200.00 |
|---|---|---|---|
| 14. | Application for entry of notification of a document in the Register of Design under section 30 and rule 37,in respect of one design. for each additional design. | 13 | 500.00 200.00 |
| 15. | On request for correction of clerical error under section 29. | 14 | 500.00 |
| 16. | On request for certificate under section 26 and rule 41. | 15 | 500.00 |
| 17. | On application for certified copy of registered design under section 17(2) | 16 | 500.00 |
| 18. | On application for rectification of Register of Design under section 31. | 17 | 500.00 |
| 19. | On application for extension of time for filing priority document under rule 15. | 18 | 200.00 (per. month) |
| 20. | On notice of opposition under rule 40. | 19 | 100.00 |
| 21. | Notice of intention to attend hearing under rules 29 and 40. | 20 | 500.00 |
| 22. | Form for authorisation of agent or other person. | 21 | ___ |
| 23. | On request to alter name or address or address for Service in the Register of Design under rule 31. | 22 | 200.00 |
| 24. | On request for entries of two addresses in the Register of Design. | 23 | 200.00 |
| 25. | On petition under rule 46 for amendment of any document. | __ | 500.00 |
| 26. | On petition under rule 47 for enlargement of time. | __ | 500.00 |
| 27. | Inspection of Register of Design under rule 38 (in respect of each design). | __ | 250.00 |
List of forms
| Form No. | Section or Rule | Title |
|---|---|---|
| 1 | Sections 5 and 44 | Application for registration of design/Application under reciprocal arrangement. |
| 2 | Section 8(1) | Claim to proceed as an applicant or joint applicant. |
| 3 | Section 11(2) | Application for Extension of copyright. |
| 4 | Section 12(2) | Application for Restoration of lapsed design |
| 5 | Section 17(1) | Inspection of registered design |
| 6 | Section 18 | Request for information when registration number is given. |
| 7 | Section 18 | Request for information when registration number is not given. |
| 8 | Section 19 | Petition to cancel registration of design. |
| 9 | Section 21 | Notice of intended exhibition or publication of unregistered design. |
| 10. | Section 30(3) | Application for registration of a document in the Register Design. |
| 11 | Section 30 | Application for entry of name of proprietor or part proprietor in the Register |
| 12 | Section 30 | Application for entry of mortgage or licence in the Register. |
| 13. | Section 30 and rule 37 | Application for entry of notification of a document in the Register. |
| 14 | Section 29 | Request for correction of clerical error. |
| 15 | Section 26 and rule 41 | Request for certificate. |
| 16 | Section 17(2) | Application for certified copy of registered design. |
| 17 | Section 31 | Application for rectification of Register. |
| 18 | rule 15 | Application for extension of time for filing priority document. |
| 19 | rule 40 | Notice of opposition. |
| 20 | rules 29 and 40 | Notice of intention to attend hearing. |
| 21 | Section 43 | Power of authority to agents. |
| 22 | rule 31 | Request to alter name or address or address for service in Register |
| 23 | Section 10 | Request for entries of two addresses in the Register |
(See rule 10) List of Classes and Subclasses, with Explanatory Notes
Foodstuffs
Note: (a) Includes foodstuffs for human beings, foodstuffs for animal and dietetic foods.
(b) Not including packages (Cl. 09). 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 BUTCHER’S MEAT (INCLUDING PORK PRODUCTS), FISH 01-05 [vacant] 01-06 ANIMAL FOODSTUFFS 01-99 MISCELLANEOUS
CLASS 02
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 |
| Note: | (a) Including orthopedic corsets and body linen. |
| (b) Not including household linen (Cl. 06-13). | |
| 02-02 | GARMENTS |
| Note: | (a) Includes all sorts of garments, including furs, bathing costumes, sports clothing and |
| orthopedic garments, subject to the exceptions indicated under (b). | |
| (b) Not including undergarments (Cl. 02-01), or garments to be placed in Classes 02-03; | |
| 02-04; 02-05 or 02-06. | |
| 02-03 | HEADWEAR |
| Note: | Includes 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 legwear. | |
| 02-05 | NECKTIES, SCARVES, NECKERCHIEFS AND HANDKERCHIEFS |
| Note: | Includes all “flat” clothing accessories. |
| 02-06 | GLOVES |
| Note: | Includes surgical gloves and rubber or plastic protective gloves for household use or for |
| various occupations or sports. |
02-07 HABERDASHERY AND CLOTHING ACCESSORIES
Note: (a) Including buttons, clasps for garments, for headwear and for footwear, laces, pins, hand sewing, knitting and embroidery equipment and clothing accessories such as bells, suspenders, braces.
(b) Not including yarns or other threads (Cl. 05-01), decorative trimmings (Cl. 05-04), sewing, knitting and embroidery machines (Cl. 15-06) or sewing kits (containers) (Cl. 0301).
02-99 MISCELLANEOUS
CLASS 03
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. 09) 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 04
| Brushware | |
|---|---|
| 04-01 | BRUSHES AND BROOMS FOR CLEANING |
| Note: | Not including clothes brushes (Cl. 04-02). |
| 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 | PAINTBRUSHES, BRUSHES FOR USE IN COOKING |
| 04-99 | MISCELLANEOUS |
| CLASS 05 | |
Note: (a) Includes all textile or similar articles, sold by the yard and not made up.
| 05-04 | RIBBONS, BRAIDS AND OTHER DECORATIVE TRIMMINGS |
| 05-05 | TEXTILE FABRICS |
| Note: | (a) Including textile fabrics, woven, knitted or otherwise manufactured, tarpaulins, felt |
| and loden. | |
| 05-06 | ARTIFICIAL OR NATURAL SHEET MATERIAL |
| Note: | (a) Includes 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 06 | |
| Furnishing | |
| Note: | (a) Composite furniture articles embodying components includes in several subclasses |
| are classified in Class 06-05. | |
| (b) Sets of furniture, as far as they can be looked upon as one design, are classified in | |
| Class 06-05. | |
| (c) Not including textile piecegoods (Cl. 05) | |
| 06-01 | BEDS AND SEATS |
| Note: | Including mattress supports and vehicle seats. |
| 06-02 | [vacant] | |
|---|---|---|
| 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 | |
| N.B.: | The French text contains a note which does not concern the English text. | |
| 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 | |
Note: (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 Note: (a) Includes 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. 07-02), or flower vases, flower pots and china glassware of a purely ornamental nature (Cl. 11-02).
07-02 COOKING APPLIANCES, UTENSILS AND 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 07-02 and in Class 31. 07-05 FLATIRONS 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 08
| Note: | (a) Includes hand-operated tools, even if mechanical power takes the place of muscular |
| force, or 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 |
| Note: | (a) Including tools and instruments for sawing. |
| (b) Not including table knives (Cl. 07-03), 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 AND IMPLEMENTS |
| Note: | Includes tools which are not classified, or not to be placed, in other subclasses or classes. |
| 08-06 | HANDLES, KNOBS AND HINGES |
| 08-07 | LOCKING FOR CLOSING DEVICES |
08-08 FASTENING, SUPPORTING OR MOUNTING DEVICES NOT INCLUDED IN OTHER CLASSES
Note: (a) Including nails, screws, nuts and bolts.
(b) Not including fastening devices for clothing (Cl. 02-07), 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 RACKS 08-99 MISCELLANEOUS Note: Including non-electric cables, regardless of the material of which they are made.
CLASS 09
Packages and containers for the transport or handling of goods
09-01 BOTTLES, FLASKS, POTS, CARBOYS, DEMIJOHNS, AND CONTAINERS WITH DYNAMIC DISPENSING MEANS
Note: (a) “Pots” means those serving as containers.
(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 | ||
Note: Including electrically-driven instruments.
10-01 CLOCK 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
Note: (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 signalling devices for vehicles (Cl. 26-06). 10-07 CASINGS 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 specify designed for their contents (Cl. 03-01) or for packaging (Cl. 09-03). 10-99 MESCELLANEOUS
CLASS 11 Articles of adornment
11-01 JEWELLERY Note: (a) Including fancy and imitation jewellery.
Note: (a) Includes all vehicles, land, sea, air, space and others.
| (d) Not including scale models of vehicles (Cl. 21-01). | |
|---|---|
| 12-01 | VEHICLES DRAWN BY ANIMALS |
| 12-02 | HANDCARTS, WHEELBARROWS |
| 12-03 | LOCOMOTIVES AND ROLLING STOCK FOR RAILWAYS AND OTHER RAIL |
| VEHICLES | |
| 12-04 | TELPHER CARRIERS, CHAIR LIFTS AND SKILIFTS |
| 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 |
| Note: | (a) :Perambulators” means hand carriage for infants. |
| (b) Not including toy perambulators (Cl. 21-01). | |
| 12-13 | SPECIAL-PURPOSE VEHICLES |
| Note: | (a) Includes only vehicles not specially 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. 15-03), 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
Note : (a) Includes 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 TRANSFORMETERS, RECTIFIERS, BATTERIES AND ACCUMULATORS |
| 13-03 | EQIUPMENT FOR DISTRIBUTION OR CONTROL OF ELECTRIC POWER |
| Note: | Including conductors, switches and switchboards. |
| 13-99 | MISCELLANEOUS |
| CLASS 14 |
14-01 EQUIPMENT FOR THE RECORDING OR REPRODUCING OR REPRODUCTION
OF SOUNDS OR PICTUREA
Note: Not including photographic 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 RADIIO AMPLIFIERS
Note: Including telegraphic, telephone and television apparatus, as well as wireless apparatus and teleprinters.
14-99 MISCELLANEOUS
15-01 ENGINES Note: (a) Including non-electric engines for vehicles.
15-06 TEXTILE, SEWING, KNITTING AND EMBROIDERING MACHINES INCLUDING THEIR INTEGRAL PARTS 15-07 REFRIGERATION MACHINERY AND APPARATUS
Note: (a) Including household refrigeration apparatus.
(c) 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 PHOTOCOOPYING 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 Note: (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. 03-01), 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, and mechanical and other pianos. 17-03 STRINGED INSTRUMENTS 17-04 PERCUSSION INSTRUMENTS
17-05 MECHANICAL INSTRUMENTS
| Note: | (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 Note: (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
19-01 WRITING PAPER, CARDS FOR CORRESPONDENCE AND ANNOUNCEMENTS Note: Includes 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 Note: (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 06, office machines and equipment in Class 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 CALENDERS Note: Not including diaries (Cl. 19-04). 19-04 BOOKS AND OTHER OBJECTS OF SIMILAR OUTWARD APPEARANCE Note: Including covers of books, binding, 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. 04-04), drawing tables and attached equipment (Cl. 0603), or writing papaer (Cl. 19-01).
19-07 TEACHING MATERIALS Note: (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 MACHINE 20-02 DISPLAY AND SALES EQUIPMENT Note: Not including articles of furniture (Cl. 06). 20-03 SIGNS, SIGNBOARDS AND ADVERTISING DEVICES Note: (a) Including luminous advertising devices and mobile advertising devices.
(b) Not includingn pacjages (Cl. 09), or signalling devices (Cl. 10-06). 20-99 MISCELLANEOUS
CLASS 21 Games, toys, tents and sports goods
21-01 GAMES AND TOYS Note: (a) Including scale models.
(b) Not including toys for animals (Cl. 30-99).
21-02 GYMNASTIC AND SPORTS APPARATUS AND EQUIPMENT
Note: (a) Includes, 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 practing 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. 02), toboggans or sleighs (Cl. 12-14). 21-03 OTHER AMUSEMENT AND ENTERTAINMENT ARTICLES Note : (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 Note: (a) Including poles, pegs and other similar articles.
(c) Not including other camping articles to be placed in other classes according to their nature, such as chairs (Cl. 06-01), tables (Cl. 06-03), plates (Cl. 07-01), 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 PYROTECHING 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. 02), 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 Note: (a) Including baths, showers, washbasins, saunas, waterclosets, sanitary units and sanitary accessories not included in other classes.
(b) Not including pipes or pipe fittings (Cl. 23-01).
23-03 HEATING EQUPMENT 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 APPARTUS EQUIPMENT FOR DOCTORS, HOSPITALS AND LABORATORIES 24-02 MEDICAL INSTRUMENTS, INSTRUMENTS AND TOOLS FOR LABORATORY
USE Note: Includes only hand-operated instruments. 24-03 PROSTHETIC ARTICLES 24-04 MATERIALS FOR DRESSING WOUNDS, NURSING AND MEDICAL CARE 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 Note: (a) Including windows, doors, outdoors shutters, partition walls and gratings.
(b) Not including staircases (Cl. 25-04). 25-03 HOUSES, GARAGES AND OTHER BUILDINGS 25-04 STEPS, LADDERS 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. 09). 27-99 MISCELLANEOUS
CLASS 28
| 28-01 | PHARMACEUTICAL PRODUCTS |
| Note: | (a) Including for animals. (b) Not including materials for dressing wounds and nursing (Cl. 24-04). (c) Including chemicals in cachet, capsule, lozenge, pill and tablet forms. |
28-02 COSMETIC PRODUCTS
Note: Including for animals. 28-03 TOILET ARTICLES AND BEAUTY PARLOR EQUIPMENT Note (a) Including razors, apparants and appliances for hair removing or hair dressing.
(b) Not including toilet and make-up brushes (Cl. 04-02), 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 Note : (a) Including fire extinguishers.
(b) Not including fire engines (vehicles) (Cl. 12-13), free-hoses and nozzles for fire-hoses (Cl. 23-01). 29-02 DEVICES AND EQUIPMENT AGAINST FOR ACCIDENT PREVENTION AND FOR
RESCUE, NOT ELSEWHERE SPECIFIED Note: (a) Including devices and equipment for animals.
(b) Not including helmets (Cl. 02-03) and garments for protection against accidents (Cl.
02-02; 02-04 or 02-06). 29-99 MISCELLANEOUS
CLASS 30 Articles for the care and handling of animals
Note: Not including animal foodstuffs (Cl. 01), 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, MARLS AND SHACKLES
| 30-09 | HITCHING POSTS | |
| 30-99 | MISCELLANEOUS | |
| CLASS 31 |
| Note: | Not including hand-manipulated utensil, instruments and appliances for serving or |
| preparing food or drink (Cl. 07). | |
| 31-00 | MACHINES AND APPLIANCES FOR PREPARING FOOD OR DRINK, NOT |
| ELSEWHERE SPECIFIED | |
| CLASS 99 | |
| Miscellaneous | |
| Note: | Includes all products not included in the preceding classes. |
| 99-00 | MISCELLANEOUS |
THE FOURTH SCHEDULE (see rule 43)
| Entry No. | Matter in respect of which cost is to be awarded. | Am | ount |
|---|---|---|---|
| 1. 2. 3. | For Notice of Opposition under rule 40 For petition for cancellation of the registration of for design under section 19. For notice of information to attend Hearing. | Rs. 100.00 Rs.1000.00 Rs. 200.00 |