Rule, 2008

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

M~ISTRY OF COMMERCE AND INDUSTR~ · (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 47ofthe Designs Act, 2000 (16 of2000), by the notification ofthe Government of India, Miriistry of Commerce and Industry number

S.O. 137(E) dated 23rd January, 2008 in the Gazette oflndia, 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 ofth~'Designs Act, 2000 (16 of 2000), the Central 6overninent hereby makes the following rules, namely:- THE D~SIGNS (AMENDMENT) RULES, 2008

PRELIMINARY

· 1. Short title and commencement:~ (1) These rules may be_·, called the Designs (Amendment) Rules, 2008.

(2) · They shall come into for~e on the date of their publication in the Official Gazette. "Manner for leaving and serving documents."

(b) for sub-rule (1), the following sub-rule shaii'b~ 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 pe~sofiFtlnaer ;t!1~t~ChOJ0~1Jese 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, 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 proJ'erly 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 ~ required to be accompanied with the documents." · {e)- in s~b-rule 4, the words "along with the fees~• shall be omitted.

3. In rule 5 of tlie principal ruies, irt 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 ofwheth~ the proceeding hu taken place or not."

4. In rule 7 of the principle rules, in sub-rule (1), for the letter, figure arid words "A4 size with a margin of at least one ifi6b and a half or", the words, brackets, figures and letters "A4 size (210 mm x 296.9 mm) with a marglft of" shall be substituted.

5. 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 tu 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 figure~ 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. (1 0) 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."

6. 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.". 2S 26, THE GAZETTE OF INDIA : EXTRAORDINARY [PARr n-soc: 3(ii)J

7. In rule 16 of the principal rule, in sub-rule {1-), after the·words, braqkets and figures "sub- section (1)", the word, bracket and figure "and (5)" shall be inserted.

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". : . . .

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 specifiec!.in..Jhe....firSt schedule before the expiry ofthe stipulated period of six months.".

10. For rule 21 of the principal rules, the following rule shall be s~bstituted, namely:- "21. Non-completion within stipulated period.- An application which owjng 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 deeme~ to be abandoned.".

11. In rule 22, 25, 27, 39 of the principal rules, the word "Gazette" wherever it occills,- the words, figures and brackets "Journal referred to in section 145 of the Patents Act 1970 (39 of 1970)" shall be substituted.

12. In rule 28 of the principal rules, in sub rule 2, for the word "lodge", the word "file" shall be substituted. · · .

13. · In rule 29 of the principal rules,

(a) in sub-rule I, after the word "statement" the woi'ds "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 shal{ 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 applicanfmay, 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 all()wed 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.". · · I

(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 (8Y' shall be substituted.

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 'twritt€m 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.

15. 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.

4 7 A. Digital Signature, - The signature, as required, wherein applicable, under the rules may include digital signature".

16. In the THE FIRST SCHEDULE ofthe principal rules,-

(a) for items numbers 2,19,26 and entries relating thereto, the following items and entries shall respectively, be substituted, namely:- On claim under section 8( 1) & ( 5) to proceed as an applicant or joint applicant On application for extension of time for filing priority document under Rule 15 & Rule/18 On petitionunder rule 29, 40, 47 for enufrgement of time (per month)

17. In the THE SECOND SCHEDULE of the principal rules,-

(a) /jn the List of Forms, under the heading 'Section or Rules' against form No. 2 for ·~ words, figures and brackets "Section 8 (1)", the words, figures and brackets SectionS (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.

28 THE GAZEITE OF INDIA: EXTRAORDINARY

(b) In Form 1, for the words,. number and brackets- "(i) Name of country,

(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 ofthe 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 arid .. brackets "[see rule 15 and rule 18]" shall be substituted.

(b) In paragraph 2, forthe 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 of the Second Schedule the words ~The Designs 'Act, ·2000" shall ,be inserted at the beginning. . . .

18. The THIRD SCHEDULE ofthe principal rules shall be substit~ted, naineiy:- "THE THIRD SCHEDULE· Classification of Goods (See rule 10) · List of Classe$ and Subclasses, with Explanatory Notes

CLASS 1

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, MACARONIAND OTHER CEREAL Q}-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 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 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 includipg undergarments (Cl. 2-01), or garments to be placed in Classes 2-03; 2- 04; 2-05 or 2-1>6.

02-03 HEADWEAR <- ~ote: Including all kinds of headwear for men, women and c;hildren. 02-04 FOOTWEAR, SOCKS AND STOCKINGS Note: Including special boots for sports such as football, skiing and ice hockey, footwear and socks, as well as tights, gaiters and other legwear. 02-05 NECKTIES, SCARVES, NECKERCHIEFS AND HANDKERCHIEFS Note: Including all "flat" clothing accessories.

orthopedic 30 THE GAZETIE OF INDIA : EXTRAORDINARY (PART II-SEC. 3(ii)] 02-06 GLOVES Note: Including 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 clothing access~ries 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 03-01 TRUNKS, SUITCASES, BRIEFCASES, HANDBAGS, KE:YHOLDERS, CASES . -

SPECIALLY DESIGNED FOR THEIR CONTENTS, WALLETS AND SIMILAR

I

ARTICLES

Note: N(it1riCluding ~icles for the transport ofgoods (Cl. 9) or cigar cases and cigarette cases · (Cl. 27-06).

03-02 [vacant] 03-03 UMBRELLAS, PARASOLS, SUI\ISHADES AND WALKING STICKS 03-04 FANS

CLASS 4

Brushware 04-01 BRUSHE~ AND BROOMS FOR CLEANIN~ 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 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 Q).

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 Ioden.

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. 19-0 1), or sheets used as building components, such ~s wall panels and wainscoting (Cl. 25-01). · 05-99 MISCELLANEOUS 32' THE GAZ~TTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(ii)]

CLASS 6

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 .

(c) Not including textile piece goods (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) Inclu~ing mattress supports.

(b) Not' including seats suitable for laying (Cl. 6-0l),,suchas benches, couches, divans· . . [sofas], ott?mans, benches for saunas and sofas.

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 fn 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 furnitt.Jre covers, bedspreads and taqle covers. 06-99 MISCELLANEOUS .

CLASS 7

Household goods, not elsewhere specified Notes: (a) Including household applianGes and utensils operated by hand, even if motor driven.

(b) Not including ma~hin~s 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 uten~ils and containers, such as glass and earthenware pots (Cl. 7-Q2}, or flower vases, flower pots and china and glassware.ofa pureiy ornamental nature (Ct.. n -02). , 07-02 COOKI.NG APPLIANCES, UTENSILS.AND CONTAINERS 07-03 TABLE KNIVES,.FORKS AND !iPOONS 07-04 APPLIANCES AND UTENSILS, HAND .. MANIPULATED, FOR PREPARING

FOOD OR DRINK

Ne>te: 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 dry!ng (Cl. 15-05). 07-06 OTHER TABLE UTENSILS 07-07 OTHER HOUSEHOLD RECEPTACLES 07-08 FIREPLACE IMPLEMENTS

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 .ll.). 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) Includin~ tools and instruments for sawing.

(b) Not including table knives (Cl. 7-03), cutting tools and implements for kitchen use (Cl. .ll); or knives used in surgery (Cl. 24-02).

08-04 SCREWDRIVERS AND OTHER SIMILAR TOOLS AND IMPLEMENTS 08-05 OTHE-R TOOLS AND-IMPLEMENTS Note: Including tools which are not c1as~ified, or not to be placed, in other subclasses or Classes. 08-06 HANDLE$, 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 clothin~ (Cl. 2-07), for adbrnment (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 handting ofgoods 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 exarnple, dispensing and dosing devices incorporated in containers and detachable atomizers. · 09-08 PALLETS.AND PLATFORM~< FOR FORKLIFTS 09-09 REFUSE AND TRASH CONTAINERS AND STANDS THEREFOR

CLASS 10

Clocks and watches and other measuring instruments, checking and signalling instruments Note: Including electrically-driven instruments.

10-01 CLOCKS AND ALARM CLOCKS 10-02 WATCHES AND WRIST WATGHES 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

36 THE GAZETTE OF INDIA: EXTRAOIWINARY [PARr II-SEC. 3(ii)] . Note: Including fire and burglar alarms, and detectors of various types . 10-06 SIGNALLING APPARATUS AND DEVICES Note: Not in~luding lighting or signalling devices for vehicles (CL 2~~06). 10.07 CASINGS, CASES, DIALS, HANDS AND ALL OTHER PARTS AND • ACCESSORIES OF INSTRUMENTS FOR MEASURING, CHE(;KING AND

SIGNALLING

Note: "Casings" means watch and clock casings and al) ,Gr:tsings.being integ.rafparts 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 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 Notes: (a) inCluding garlands, streamers and. Christmas tree decorations. N:99 MISCELLANEOUS Means of transport or hoisting Notes: (a) Including all vehicles: land, sea, air, space and others.

(b) Including parts, components and acc~ssories 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 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

12-04 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 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 specifical.ly intended for transport~ such as street-cleaning vehicles, watering ·lorries, fire engines, snow ploughs and breakdown lorri~s.

(b) Not including mixed-purpose agricultural machines (Cl. 15-03), or self-propell~d 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 IN9LUDED

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. 1 0-04). 13-01 GENERATORS AND MOTORS Note: Including electric motors for vehicles.

13-02 POWER TRANSFORMERS, .RECTIFIERS; BATTERIES ANO 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 14-01 EQUIPMENT FOR THE RECORDING OR REPRODUCTION OF SOUNDS OR

PICTURES

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

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 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 puJ:I?.ps (Cl. 8-05), or fire extinguishing pumps (Cl. 29-01). 15-03 AGRICULTURAL MAQHINERY Notes:· (a) Including ploughs and combined machinery, i.e., both machines and vehicles: for eJU'!lllple, reaping and binding machinec::.

(b) Not includin~ hand tools (Cl. 8).

15-04 CONSTRUCTION MACHINERY Notes: (a) Including machines used in _civil engineering and self-propelled machines such as 1 excavators, concrete mixers and dredgers.

(b) Not including hoists and cranes (Cl. 12-05).

15-05.WASHING, CLEANING AND DRYING MACHINES Notes: (a) Indl~ding appliances and machines for treating linen and clothes, such as ironing machines and wringers.

(b) Including dish washing 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 ihl;luding refrigerator wagons (rail) (Cl. 12-03) or refrigerator vans (road) (CI. 12-08).

15-08 [vacant] 15-09 MACH_INE TOOLS, ABRADING AND FOUNDING MACHINERY - Note: Not including earth ·working machinery and material separators (Cl. 15-99). 15-99 MISCELLANEOUS

CLASS 16

Photographic,· cine111atographic 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 ~s 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. 1 0-04). 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 (01. 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 ~illotines and trimmers.

18-99 MISCELLANEOUS

CLASS 19

Stati.one,.Y and office equipment, artists' and teaching materials 19-61 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 19-0i 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 of all kinds, globes and planetariums.

(b) Not including audio-visual teaching aids (Cl. 14-01 ).

No~: Ittelllding ~nted advertising materials.

19-99 MISCELLANEOUS Sales and adve~ising equipment, signs 20-02 DISPLAY AND SALES EQUIPMENT Note: Not including articles of furniture ~· 20-03 SIGNS, SIGNBOARDS AND AOVERTISINCi OEVICES Notes: (a) lncludtng luminous ad..vertising devices and mobile advertising devices.

(b) Not including packages~' or aipalling devict:s (Cl. 10-06). 20-99 MISCELLANEOUS Games, toys, tents and sports goods 21-01 GAMES AND TOYS Notes: (a) Including scale models.

(b) Not including toys for animals (Ct. 30-99).

21-02 GYMNASTIC~ AND SPORTS APPARATUS AND EQUIPMENT Notes: (a) Including, as sports equipment: apparatus and equipment necessary for ~e 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) ~luding, subject to the reservation mentioned under (a), training equipment and apparatus and equipment necessary for outdoor games. · (c)Not including sports clothing (CI. 2), toboggans or sleiglis (Cl. 12-14). 21-03 OTHER AMUSEMENT AND ENTERTAINMENT ARTICLES Notes: (a) Including fairground roundabouts and automatic machines· for games ofchance.

(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 incJuding other camping articles to be placed in othet classes according to their · nature, such as chairs (Cl. 6-01), tables (Cl. 6-03), plates (CL 7-01), and caravans (CL 12- JlO. . .

21-99 MISCELLANEOUS Arms, pyrotechnic articles, articles for hunting, ·fishing a~d pest killing 22-01 PROJECTILE WEAPONS 22-02 OTHER WEAPONS 22-03 AMMUNITION, ROCKETS AND PYROTECHNIC ARTICLES 22-04 TARGETS 'AND ACCESSORIE~ 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, ARTICLI:S FOR PEST KILLING 22-99 MISCELLANEOUS

CLASS 23

Fluid distribution equipment, sanitary, heating, ventilation. and air-conditioning eq~ipmen~, solid fuer 23-01 FLUID DISTRIBUTION EQUIPMENT ..

Note: Including pipes and pipe fittings.

23-02 SANITARY APPLIANCES · Notes: (a) Including batlis,. showers, washbasins, saunas, water closets, sanitary units and sanitary accessories not included in other classes.

23.:04 VENTILATION AND AIR-CONDITIONING EQUIPMENT .

23-05 SOLID FUEL 23-99 MISCELLANEOUS -Medical and laboratory e~uipment I Note: The term "~edical equipment" covers also surgical, dental and v~terinary equipment. 2+01 APPARATUS AND EQUIPMENT FOR DOCTORS, HOSPITALS AND

LABORATORIES

24-02 MEOfCAL lNSTRUMENTS, 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 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 Lighting apparatus 26-01 CANDLESTICKS AND CANDELABRA 26-02 TORCHES AND HAND LAMPS AND LANTERNS 26-0l 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, CHANDEUERS, WALL AND CEILING FIXTURES,

LAMPSHADES, REFLECTORS, PHOTOGRAPHIC AND CINEMATOGRAPHIC

PROJECTOR LAMPS

26-06 LUMINOUS DEVICES FOR VEHICLES 26-99 MISCELLANEOUS

CLASS 27

Tobacco and smok~rs' suppl!es ~7-01 TOBACCO, OIGARS AND CIGARETTES 27-02 PIPES, .CIGAR AND CIGARETTE HOLDERS 27-04 MATCHES.

27-05 LIGHTERS 27-06 CIGAR CASES, CIGA~ETTE 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 (01. 24;..04). 28-02 COSMETIC PRODUCTS Note: Including for animals.

l8-p3 T'OH-FT ARTICLES AND BEAUTY PARLOR EQUIPMENT l '' ,. . . ' ' Notes: (a) Including razors, apparatus and appliances for massaging, hair removing or hair

(n) N~~ including toilel iltld make-up brushes (Cl. 4-02), or arti~les and equipment for animals (Cl. 30-99).

28-99 MIUCELLANEOUS Devices and equipment against fire hazar~s. for accident p~eyention and for rescue 29-01 DEVICES AND EQUIPMENT AGAINS'f Fi"Ei H~RPS, 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 ACCIOENT PREVENTION AND FOR RESCUE, NOT ELSEWHERE SPEetJ;JJ;p Notes: (a) Including devices and eq"pipment for animals.

(b) Not including helmets (Cl. 2-03) aad g~ for protecti<;>n against accidents (Cl. 2- ~; 2-04 or 4~06).

29-99 MISCELLANEOUS

CLASS 30

Articles for ttle care and handling of animals Note: Not including animal foo(lstuffs (Cl. 1), or pharmaceutical and'cosmetic products for animals (Cl.}8-'0l or 28-02).

30-01 ANIMAL CLOTHING .

30-02 PENS, CAGES, KENNELS AND SIMILAR SHELTERS 48 THE GAZEITE OF INDIA : EXTRAORDINARY [PART 11-'-SEC. 3(ii)] ·Note: Not including buildings (CI. 25).

30-03 FEEDERS AND WATERERS 30-04 SADDLERY Note: Including col.lars 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

"" ' ·-, I . :

l # f :

Machines and appliances for preparing food or drink·, not el~ewhere specified . Note: Not in~luding hand-manipulated utensils, instruments and appliances for serving or . preparing food ordrink (Cl. 7). · :. ) 31-00 MACHINES AND APPLIANCES.FOR PREPARING FOOD OR DRI~K, Nor ELSEWHERE SPECIFIED ~" ..

--- Miscellaneous Note: Including all the products not included in the preceding classes. 99-00 MISCELLANEOUS.".

In the THE FOURTH SCHEDULE of the principal niles,:- II,

(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 urider f4les 29(3) and 40(4) 200:00" .t l' I I I ' I I

20. After fourth Schedule of the principal rules, the following Schedule shall be inserted, namely:- "THE FIFTH SCHEDULE (See Rule 1 7)

OOVERNMENT OF INDIA

THE PATENT OFFICE·

CERTIFICATE OF REGISTRATION OF DESIGN

Date ................................... .

Reciprocity date• ................... .

Country .............................. .

ORIGINAL

No.

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 ............................................................................................ in the name of . in pursuance of and subject to the provisions of the Designs Act, 2000 and the Designs Rules, 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" Note : The principal rules were published in the Gazette oflndia vide number S.O. 4I4(E) dated the II th May, Printed by the Manager, Govt. of India Press, Ring Road, Mayapuri, New Delhi- II 0064 and Published by the Controller of Publications, Delhi-110054.

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Designs Act, 2000