The Designs (Amendment) Rules, 2008

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Preliminary
MINISTRY OF COMMERCE AND INDUSTRY
(Department of Industrial Policy and Promotion)
NOTIFICATION
New Delhi, the 17th June, 2008
S.O. 1460(E).- Whereas, a draft of Designs (Amendment) Rules, 2007 was published as required by sub-section (3) of Section 47 ofthe Designs Act, 2000 (16 of 2000), by the notification of the Government of India, Ministry of Commerce and Industry number S.O. 137 (E) dated 23rd January, 2008 in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii) dated 23rd January, 2008.
Andwhereas 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:-
Section 1.
1. Short title and commencement.- (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.
Amendments
Section 2.
In the Designs Rules, 2001 (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 requiredto 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 ofpost 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 documentsent 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 ~ required to be accompanied with the documents.”
{e)- in sub-rule 4, the words “along with the fees” shall be omitted.
Section 3.
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 hai taken place or not.”
Section 4.
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.
Section 5.
In rule 14 ofthe 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 (210 mm 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.”
Section 6.
In rule 15 ofthe 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.”
Section 7.
In rule 16 of the principal rule, in sub-rule (l), after the words, brackets and figures “sub section (l)”, the word, bracket and figure “and (5)” shall be inserted.
Section 8.
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”.
Section 9.
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”.
Section 10.
For rule 21 ofthe 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”.
Section 11.
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.
Section 12.
In rule 28 of the principal rules, in sub rule 2, for the word “lodge”, the word “file” shall be substituted.
Section 13.
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 thereofsimultaneously.
(4) The applicantmay, after delivery to him of the copy ofthe 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 oftime.
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.
Section 14.
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.
Section 15.
For rule 47 ofthe 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”.
Schedule 1.
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: –
“2 On claim under section 8(1) & (5) to proceed as an applicant or joint applicant 2 500.00
19 On application for extension of time for filing priority document under Rule 15 & Rule l8 18 200.00(per month)
26 On petition under rule 29, 40, 47 for enlargement of time 500.00″
Schedule 2.
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 ofcountry,
(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.
(b) at the end; after the words “THE PATENT. OFFICE” the word “CALCUTTA” shall be omitted.
(c) 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.
(d) . 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.
(e) In all forms ofthe Second Schedule the words “The Designs Act, 2000” shall be inserted at the beginning.
Schedule 3 – List of Classed and Subclasses, with Explanatory Notes
Class 1. Foodstuffs
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification of Goods
(See rule 10)
CLASS 1
Foodstuffs
Notes: (a) Including foodstuffs for human beings, foodstuffs for animals and dietetic
-foods. .
(b) Not including packages (CI. 9).
01-01 BAKERS’ PRODUCTS, BISCUITS, PASTRY, MACARONIANDOTHER 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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
CLASS 2
Articles of clothing and haberdashery
Note: Not inc;uding articles of clothing for dolls (CI. 2’1-01), special equipment for protection against fire hazards, for accident prevention and for rescue (CI. 29), and animal clothing (CI. 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 ofgarments, and furs, bathing costumes, sports clothing and orthopedic garments, subject to the exceptions indicated under (b).
(b) Not including undergarments (Cl. 2-01), or garments to be placed in Classes 2-03; 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 legwear.
02-05 NECKTIES, SCARVES, NECKERCHIEFS AND HANDKERCHIEFS
Note: Including all “flat” clothing accessories.
02-06 GLOVES
Note: Incl,uding surgical gloves and.rubber or plastic protective gloves for household use or for various occupations or sports.
I
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 clothingaccessories such as belts, suspenders, braces. .
.(b) Not including yams 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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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 (CI. 9) or cigar cases and cigarette cases (CI. 27-06).
03-02 [vacant]
03-03 UMBRELLAS, PARASOLS, SUt-JSHADES AND WALKING STICKS
03-04 FANS
03-99 MISCELLAN’EOUS
Class 4. Brushware
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
CLASS 4
Brushware
04-01 BRUSHES AND BROOMS FOR CLEANING
Note: Not including clothes brushes (CI. 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 piecegoods, artificial and natural sheet material
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
CLASS 5
Textile piecegoods, 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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
CLASS 6
Furnishing
Notes: (a) Composite furniture articles embodying components included in several subcl
(b) Sets offurniture, 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) Includirig vehicle seats.
06-02 BEDS .
Notes: (a) Including mattress supports.
(b) Notincluding seats suitable for laying eel. (Cl. 6-01), such as benches, couches, divans [sofas], ottomans, benches for saunas and sofas.
06-03 TABLES ANDISIMILAR 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).
I
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 MATERIAl-S, HOUSEHOLD LINEN AND NAPERY
Note: Including furniture covers, bedspreads and table covers.
06-99 MISCELLANEOUS.
Class 7. Household goods, not elsewhere specified
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
CLASS 7
Household goods, not elsewhere specified
Notes: (a) Including household appllanses and utensils operated by hand, even if motor driven.
(b) Not including ma~hines 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 COOKI.NG 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 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 MISCELLANE0US
Class 8. Tools and hardware
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification of Goods
(See rule 10)
CLASS 8
Tools and hardware
Notes: (a) Including hand-operated tools, even ifmechanical 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.
08-04 SCREWDRIVERS AND OTHER SIMILAR TOOLS AND IMPLEMENTS
08-05 OTHE’R TOOLS AND’IMPLEMENTS
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 Ofthe material of which they are made.
Class 9. Packages and containers for the transport or handling of goods
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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
09-07CLOSING 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 PLATFORM~4 FOR FORKLIFTS
09-09 REFUSE AND TRASH CONTAINERS AND STANDS THEREFOR
09-99 M~SCELLANEOUS
Class 10. Clocks and watches and other measuring instruments, checking and signalling
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
CLASS 10
Clocks and watches and other measuring instruments, checking and signalling 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
.10-06 SIGNALLING APPARATUS AND DEVICES
Note: Not including lighting or signalling devices for vehicles (CL.26-06).
10.07 CASINGS, CASES, DIALS, HANDS AND ALLOTHER PARTS AND ACCESSORIES OF INSTRUMENTS FOR MEASURING, CHECKING AND SIGNALLING
Note: “Casings” means watch and clock casings and aU ,Gilsings,being integral parts of instruments of which they protect the mechanism, with the exception of cases specially designed for their contents (CI. 3-01) or for packaging (CI. 9-03).
10-99 MISCELLANEOUS
Class 11. Articles of adornment
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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-O5 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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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 c.ommon to several vehicles included in different subclasses. .
(c) Not including, in principle, parts, components and accessories ofvehicles 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 ofvehicles (Cl. 21-01).
12-01 VEHICLES DRAWN BY ANIMALS
12-02 HANDCARTS, WHEELBARROWS
12-03 LOCOMOTIVES AND ROLLING STOCK FOR RAILWAYS AND ALL OTHER RAIL VEHICLES
12-04TELPHER 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
12-13 SPECIAL PURPOSE VEHICLES
Notes: (a) Including only vehicles not specifically intended for transport, such asstreet-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 ANQ ACCESSORIES FOR VEHICLES, NOT INCLUDED IN OTHER CLASSES OR SUBCLASSES
12-99 MISCELLANEOUS
Class 13. Equipment for production, distribution or transformation of electricity
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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 {or the measurement of electric current (CI. 10-04).
13-01GENERATORS 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.. I
13-99 MISCELLANEOUS
Class 14. Recording, communication or information retrieval equipment
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
CLASS 14
Recording, communication or information retrieval equipment
14-01 EQUIPMENT FOR THE RECORDING OR REPRODUCTION OF SOUNDS OR PICTURES
Note: Not including photographic or cinematographic apparatus (CI. 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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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) (CI. 12-08).
15-08 [vacant]
15-09 MACHlNE 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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
CLASS 17
Musical instruments
Note: Not including cases for musical instruments (CI. 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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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.
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 (C1. 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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
CLASS 19
Stationery and office equipment, artists and teaching materials
19-61 WRITING PAPER, CARDS FOR CORRESPONDENCE AND ANNOUNCEMENTS
Note: Including all paper, in the widest sense ofthe term, which.is used for writing, drawing, painting or printing, such as tracing paper, carbon paper, newsprint, envelopes, greetings cards and-illustrated postcards, even ifthey 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 FORWRITING 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 ofall kinds, globes and planetariums.
(b) Not including audio-visual teaching aids (CI. 14-01).
19-08 OTHER PRINTED MATTER
Note: Including printed advertising materials.
19-99 MISCELLANEOUS
Class 20. Sales and advertising equipment, signs
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
CLASS 21
Games, toys, tents and sports goods
21-01 GAMES AND TOYS
Notes: (a) Including scale models.
(b) Not including toys for animals (CI. 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 (CI. 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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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 (CI. 2), or weapons (CI. 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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification of Goods
(See rule 10)
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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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 MEOfCAL1NSTRUMENTS, 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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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, LADDERS AND SCAFFOLDS
25-99 MISCELLANEOUS
Class 26. Lighting apparatus
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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 search light 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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
CLASS 27
Tobacco and smokers supplies
27-01 TOBACCO, OIGARS 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 (CI. 9).
27-99 MISCELLANEOUS
Class 28. Pharmaceutical and cosmetic products, toilet articles and apparatus
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification of Goods
(See rule 10)
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 (CI. 4-02), or articles and equipment for animals (Cl. 30-99).
28-04 W, 3 FALSE HAIRPIECES
28-99 MISCELLANEOUS
Class 29. Devices and equipment against fire hazards, for accident prevention and for rescue
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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 (CI. 2-03) and garments for protection against accidents (CI. 2-02; 2-04 or 2-06).
29-99 MISCELLANEOUS
Class 30. Articles for the care and handling of animals
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
CLASS 30
Articles for the care and handling of animals
Note: Not including animal foodstuffs (CI. 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 (CI. 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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
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
The THIRD SCHEDULE of the principal rules shall be substituted, namely.-
“THE THIRD SCHEDULE
Classification ofGoods
(See rule 10)
CLASS 99
Miscellaneous
Note: Including all the products not included in the preceding classes.
99-00 MISCELLANEOUS
Schedule 4.
In the THE FOURTH SCHEDULE of the principal niles, :-
(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 evidenceurider rules 29(3) and 40(4) 200:00″
Schedule 5.
After fourth Schedule ofthe 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”
[F. No. S/32/2007-IPR-V]
N. N. PRASAD, Jt. Secy.
Note : The principal rules were published in the Gazette of India vide number S.O. 414(E) dated the 11th May, .2001.
________________________________________________________
Printed by the Manager, Govt. of India Press, Ring Road. Mayapuri, New Delhi-110064 and Published by the Controller of Publications. Delhi-110054.

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