Amendment in DESIGNS RULES, 2001 - S.O. 1460(E) - Indian Law

Amendment in DESIGNS RULES, 2001 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 of the 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. And whereas objections and suggestions were invited till the 29 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 29 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: THE DESIGNS (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 force on the date of their publication in the Official Gazette. Amendments 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 (I), the following sub-rule shall be substituted, namely: "(1) Any application, notice or other document authorized or required to be filed, left, made or given at the Office, or to the Controller or to any other person under the Act or these rules, may be sent by hand or by a prepaid letter addressed to the Controller or to that person through post or courier service or by electronic transmission duly authenticated. If sent by a prepaid letter or courier service or by electronic transmission duly authenticated, it shall be deemed to have been filed, left, made or given at the time when the letter containing the same would have been delivered in the ordinary course of post or courier service or electronic transmission duly authenticated, as the case may be. In proving such sending, it shall be sufficient to prove that the letter was properly addressed and transmitted, provided that any application, notice or document sent through fax or by electronic mail shall also be deemed to have been filed, left, made or given if the same is clear and fully legible and its original or the paper copy, as the case may be, is submitted to the office within fifteen days from the date of receipt of the document so faxed or electronically mailed except where the fee is required to be accompanied with the documents." (c) in sub-rule 4; the words "along with the fees" shall be omitted. 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 has taken place or not." 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. 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 to a single article or to a set shall be on durable paper of A4 size (210mm x 296.9 mm) (and not on cardboard) and shall appear on One side only of the paper. The figure or 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 thehelp 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." 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.". 7. In rule 16 of the principal rule, in sub-rule (1), after the words, brackets 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 specified in the first schedule before the expiry of the stipulated period of six months.". 10. For rule 21 of the principal rules, the following rule shall be substituted, namely: "21. Non-completion within stipulated period- An application which owing to any negligence or default of the applicant, has not been completed so as to enable registration to be effected within six months or within extended period as specified in rule 18 from the date of application, shall be deemed to be abandoned.". 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. 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 1, after the word "statement" the words "and evidence" shall be inserted. (b) in sub-rule 2, after the word "statement" the words "and evidence" shall be inserted. (c) for sub-rules 3 and 4, the following sub-rules shall be substituted, namely: (3) "If the registered proprietor intends to oppose the application he shall within a time to be specified by the Controller, file at the office a counter statement and evidence setting out the grounds on which he intends to oppose the application and shall deliver to the applicant a copy thereof simultaneously. (4) The applicant may, after delivery to him of the copy of the registered proprietor's counter statement and evidence leave at the office, evidence in reply by way of affidavits in support of his case and shall also deliver to the registered proprietor a copy of thereof simultaneously." (d) sub-rule 5 and 6 shall be omitted. (e) for sub-rule 9, the following sub-rule shall be substituted, namely,- "(9) The time allowed for filling the counter-statement and evidence or for leaving reply evidence shall ordinarily be one month which may be extended only by a special order of the Controller given on a petition with the fee specified in the fist schedule made by party seeking extension of time. Provided that the extension so granted shall in no case exceed three months in aggregate.". (f) In sub-rule (10), for the words, figures and brackets "sub rule (3) to (8)", the words, figures and brackets "sub-rules (1) to (8)" shall be substituted. 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. 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. 47 A: Digital Signature. - The signature, as required, wherein applicable, under the rules may include digital signature". 16. 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 18 18 200.00(per month) 26 On petition under rule 29, 40, 47 for enlargement of time 500.00" 17. In the THE SECOND SCHEDULE of the principal rules,- (a) in the List of Forms, under the heading 'Section or Rules' against form No. 2 for the words, figures and brackets "Section 8 (1)", the words, figures and brackets Section 8 (1) and (5)" shall be substituted, and against form No.18 for the words and figures "rule 15", the words and figures "rule 15 and rule 18" shall be substituted. (b) In Form 1, for the words, number and brackets — "(i) Name of country, (ii) Official date, (iii) Official number.", the words, numbers and brackets, "(i) Name of the country/inter governmental organization, (ii) Date of filing, (iii) Application number, (iv) Name of the applicant" shall be substituted. (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 of the Second Schedule the words "The Designs Act, 2000" shall be inserted at the beginning. 18. The THIRD SCHEDULE of the principal rules shall be substituted, namely: "THE THIRD SCHEDULE classification of Goods (See rule 10) List of Classes and Subclasses, with Explanatory Notes CLASS I Foodstuffs Notes: (a) Including foodstuffs for human beings, foodstuffs for animals and dietetic foods. (b) Not including packages (Cl.9). 01-01 BAKERS' PRODUCTS, BISCUITS, PASTRY, MACARONI AND OTHER CEREAL PRODUCTS, CHOCOLATES, CONFECTIONERY, ICES 01-02 FRUIT AND VEGETABLES 01-03 CHEESES, BUTTER AND BUTTER SUBSTITUTES, OTHER DAIRY PRODUCE 01-04 BUTCHERS' MEAT (INCLUDING PORK PRODUCTS), FISH 01-05 [vacant] 01-06 ANIMAL FOODSTUFFS 01-99 MISCELLANEOUS CLASS 2 Art of clothing and haberdashery Note: Not including articles of clothing for dolls (Cl. 21-01) special equipment for protection against fire hazards, for accident prevention and for rescue (Cl. 29) and animal clothing (Cl. 30-01) 02-01 UNDERGARMENTS, LINGERIE, CORSETS, BRASSIERES, NIGHTWEAR Notes: (a) Including orthopedic corsets and body linen. (b) Not including household linen (Cl. 6-13) 02-02 GARMENTS Notes: (a) Including all sorts of garments, and firs, 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: Including surgical gloves and rubber or plastic protective gloves for household use or for various occupations or sports. 02-07 HABERDASHERY AND CLOTHING ACCESSORIES Notes: (a) Including buttons, clasps for garments, for headwear and for footwear, laces, pins, hand sewing, knitting and embroidery equipment and clothing accessories such as belts, suspenders, braces. (b) Not including 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, KEYHOLDERS, CASES SPECIALLY DESIGNED FOR THEIR CONTENTS, WALLETS AND SIMILAR ARTICLES Note: No articles for the transport of goods (Cl. 9 ) or cigar cases and cigarette cases (Cl. 27-06) 03-02 [vacant] 03-03 UMBRELLAS, PARASOLS, SUt4SHADES AND WALKING STICKS 03-04 FANS 03-99 MISCELLANEOUS CLASS 4 Brushware 04-01 BRUSHES AND BROOMS FOR CLEANING Note: Not including clothes brushes (Cl. 4-02) 04-02 TOILET BRUSHES, CLOTHES BRUSHES AND SHOE BRUSHES Note: "Toilet brushes" means brushes for corporal use; for example, for the hair, nails or teeth. 04-03 BRUSHES FOR MACHINES Note: "Brushes for machines" means brushes incorporated in machines or in special vehicles. 04-04 PAINT BRUSHES, BRUSHES FOR USE IN COOKING 04-99 MISCELLANEOUS CLASS 5 Textile 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 or (Cl.2 or 6 ). 05-01 SPUN ARTICLES Notes: (a) Including yarn and thread. (b) Not including, for instance, rope, wire rope, string, twine (Cl. 9-06) 05-02 LACE - 05-03 EMBROIDERY 05-04 RIBBONS, BRAIDS AND OTHER DECORATIVE TRIMMINGS 05-05 TEXTILE FABRICS Note: Including textile fabrics, woven, knitted or otherwise manufactured, tarpaulins, felt and loden. 05-06 ARTIFICIAL OR NATURAL SHEET MATERIAL Notes: (a) Including sheets whose only characteristic features are their surface ornamentation or their texture; in particular, covering sheets such as wallpaper, linoleum, self-adhesive plastic sheets, wrapping sheets and rolls of paper, subject to the exceptions indicated under (b). (b) Not including writing paper, even in rolls (Cl.19-01) or sheets Used as building components, such as wall panels and wainscoting (Cl. 25-01) 05-99 MISCELLANEOUS CLASS 6 Furnishing Notes: (a) Composite furniture articles embodying components included in several subclasses are classified in Class 6-05 (b) Sets of furniture, as far as they can be looked upon as one design, are classified in Class 6-05. (c) Not including textile 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) Including mattress supports. (b) Not including seats suitable for laying (Cl 6-01),. such as benches, couches, divans [sofas] ottomans, benches for saunas and sofas. 06-03 TABLES AND SIMILAR FURNITURE 06-04 STORAGE FURNITURE Note: Including cupboards, furniture with drawers or compartments, and shelves. 06-05 COMPOSITE FURNITURE 06-06 OTHER FURNITURE AND FURNITURE PARTS 06-07 MIRRORS AND FRAMES Note: Not including mirrors included in other classes (see Alphabetical List). 06-08 CLOTHES HANGERS 06-09 MATTRESSES AND CUSHIONS 06-10 CURTAINS AND INDOOR BLINDS 06-11 CARPETS, MATS AND RUGS 06-12 TAPESTRIES 06-13 BLANKETS AND OTHER COVERING MATERIALS, HOUSEHOLD LINEN AND NAPERY Note: Including furniture covers, bedspreads and table covers. 06-99 MISCELLANEOUS CLASS 7 Household goods, not elsewhere specified Notes: (a) Including household appliances and utensils operated by hand, even if motor driven. (b) Not including machines and appliances for preparing food and drink (Cl. 31) 07-01 CHINA, GLASSWARE, DISHES AND OTHER ARTICLES OF A SIMILAR NATURE Notes: (a) Including dishes and crockery in all materials; in particular, paper and cardboard dishes. (b) Not including cooking utensils and containers, such as glass and earthenware pots (Cl.7-02), or flower vases, flower pots and china and glassware of a purely ornamental nature (Cl.11-02) 07-02 COOKING APPLIANCES, UTENSILS.AND CONTAINERS 07-03 TABLE (NIVES, FORKS AND SPOONS 07-04 APPLIANCES AND UTE LS HAND 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 RECE 07-08 FIREPLACE IMPLEMENTS 07-99 MISCELLANEOUS CLASS 8 Tools and hardware Notes: (a) Including hand-operated tools, even if mechanical power takes the place of muscular force; for example, electric saws and drill (b) Not including machines or machine tools (Cl.15 or 31). 08-01 TOOLS AND IMPLEMENTS FOR DRILLING, MILLING OR DIGGING 08-02 HAMMERS AND OTHER SIMILAR TOOLS AND IMPLEMENTS 08-03 CUTTING TOOLS AND IMPLEMENTS Notes: (a) Including tools and instruments for sawing. (b) Not including table knives (Cl. 7-03) cutting tools and implements for kitchen use (Cl 31), or knives used in surgery (Cl. 24-02) 08-04 SCREWDRIVERS AND OTHER SIMILAR TOOLS AND IMPLEMENTS 08-05 OTHER TOOLS 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 of the material of which they are made. CLASS 9 Packages and containers for the transport or handling of goods 09-01 BOTTLES, FLASKS, POTS, CARBOYS, DEMIJOHNS, AND CONTAINERS WITH DYNAMIC DISPENSING MEANS Notes: (a) "Pots" means those serving as containers. (b) Not including pots regarded as (Cl. 7-01) or flower pots ( Cl. 11-02) 09-02 STORAGE CANS, DRUMS AND CASKS 09-03 BOXES, CASES, CONTAINERS, (PRESERVE) TINS OR CANS Note: Including freight containers. 09-04 HAMPERS, CRATES AND BASKETS 09-05 BAGS, SACHETS, TUBES AND CAPSULES Notes: (a) Including plastic bags or sachets, with or without handle or means of closing. (b) "Capsules" means those used for packaging. 09-06 ROPES AND HOOPING MATERIALS 09-07 CLOSING MEANS AND ATTACHMENTS' Notes: (a) Including only closing means for packages. (b) "Attachments" means, for example, dispensing and dosing devices incorporated in containers and detachable atomizers. 09-08 PALLETS AND PLATFORM: FOR FORKLIFTS 09-09 REFUSE AND TRASH CONTAINERS AND STANDS THEREFOR 09-99 MISCELLANEOUS CLASS 10 Clocks and watches and other measuring instruments, checking and signalling instruments Note: Including electrically-driven instruments. 10-01 CLOCKS AND ALARM CLOCKS 10-02 WATCHES AND WRIST WATCHES 10-03 OTHER TIME-MEASURING INSTRUMENTS Note: Including time-measuring apparatus such as parking meters, timers for kitchen use and similar instruments. 10-04 OTHER MEASURING INSTRUMENTS, APPARATUS AND DEVICES Notes: (a) Including instruments, apparatus and devices for measuring temperature, pressure, weight, length, volume and electricity. (b) Not including exposure meters (Cl. 16-05) 10-05 INSTRUMENTS, APPARATUS AND DEVICES FOR CHECKING, SECURITY OR TESTING Note: Including fire and burglar alarms, and detectors of various types. 10-06 SIGNALLING APPARATUS AND DEVICES Note: Not including lighting or signalling devices for vehicles (Cl. 26-06) 10.07 CASINGS, CASES, DIALS, HANDS AND ALL OTHER PARTS AND ACCESSORIES OF INSTRUMENTS FOR MEASURING, CHECKING AND SIGNALLING' Note: "Casings" means watch and clock casings and all casings being integral parts of instruments of which they protect the mechanism, with the exception of cases specially designed for their contents (Cl.3-01) or for packaging (Cl. 9-03) 10-99 MISCELLANEOUS CLASS 11 Articles of adornment 11-01-JEWELLERY Notes: (a) Including fancy and imitation jewellery. (b) Not including watches (Cl. 10-02) 11-02 TRINKETS, TABLE, MANTEL AND WALL ORNAMENTS, FLOWER VASES AND POTS Note: Including sculptures, mobiles and statues. 11-03 MEDALS AND BADGES 11-04 ARTIFICIAL FLOWERS, FRUIT AND PLANTS 11-05 FLAGS, FESTIVE DECORATIONS Notes: (a) Including garlands, streamers and Christmas tree decorations. (b) Not including candles (Cl. 26-04) 11-99 MISCELLANEOUS CLASS 12 Means of transport or hoisting Notes: (a) Including all vehicles: land, sea, air, space and others. (b) Including parts, components and accessories which exist only in connection with a vehicle and cannot be placed in another class; these parts, components and accessories of vehicles are to be placed in the subclass of the vehicle included in Class 12-16 if they are common to several vehicles included in different subclasses. (c) Not including, in principle, parts, components and accessories of vehicles which can be placed in another class; these parts, components and accessories are to be placed in the same class as articles of the same type, in other words, having the same function. Thus, carpets or mats for automobiles are to be placed with carpets (Cl. 6-11) electric motors for vehicles are to be placed in Class 13-01 and non-electric motors for vehicles in Class 15-01 (the same applies to the components of such motors); automobile headlamps are to be placed with lighting apparatus (Cl. 26-06) (d) Not including scale models of vehicles (Cl. 21-01) 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 Note: Including caravans. 12-11 CYCLES AND MOTORCYCLES 12-12 PERAMBULATORS, INVALID CHAIRS, STRETCHERS Notes: (a.) "Perambulators" means hand carriages for infants. (b) Not including toy perambulators (Cl.21-01) 12-13 SPECIAL-PURPOSE VEHICLES Notes: (a) Including only vehicles not specifically intended for transport, such as street-cleaning vehicles, watering lorries, fire engines, snow ploughs and breakdown lorries. (b) Not including mixed-purpose agricultural machines (Cl. 15-03) 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 Notes: (a) Including only apparatus which produces, distributes or transforms electric current. (b) Including electric motors, however. (c) Not including electrically-driven apparatus, such as electric watches (Cl. 10-02) or apparatus for the measurement of electric current (Cl. 10-04) 13-01 GENERATORS AND MOTORS Note: Including electric motors for vehicles. 13-02 POWER TRANSFORMERS, RECTIFIERS, BATTERIES AND ACCUMULATORS 13-03 EQUIPMENT FOR DISTRIBUTION OR CONTROL OF ELECTRIC POWER Note: Including conductors, switches and switchboards. 13-99 MISCELLANEOUS CLASS 14 Recording, communication or information retrieval equipment 14-01 EQUIPMENT FOR THE RECORDING OR REPRODUCTION OF SOUNDS OR PICTURES Note: Not including 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 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 l5-07 REFRIGERATION MACHINERY AND APPARATUS Notes: (a) Including household refrigeration apparatus. (b) Not including refrigerator wagons (rail) (Cl. 12-03) or refrigerator vans (road) (Cl.12-08) 15-08 [vacant] 15-09 MACHINE TOOLS, ABRADING AND FOUNDING MACHINERY Note: Not including earth working machinery and material separators (Cl. 15-99) 15-99 MISCELLANEOUS CLASS 16 Photographic, cinematographic and optical apparatus Note: Not including lamps for photography or filming (Cl. 26-05) 16-01 PHOTOGRAPHIC CAMERAS AND FILM CAMERAS 16-02 PROJECTORS AND VIEWERS 16-03 PHOTOCOPYING APPARATUS AND ENLARGERS Note: Including microfilming equipment and apparatus for viewing microfilms, as well as office machines known as "photocopying" apparatus which use other than photographic processes (in particular, thermal or magnetic processes). 16-04 DEVELOPING APPARATUS AND EQUIPMENT 16-05 ACCESSORIES Note: Including filters for photographic cameras, exposure meters, tripods and photographic flashlight apparatus. 16-06 OPTICAL ARTICLES Notes (a) Including spectacles and microscopes. (b) Not including measuring instruments embodying optical devices (Cl. 10-04) 16-99 MISCELLANEOUS CLASS 17 Musical instruments Note: Not including cases for musical instruments (Cl.3-01) or equipment for the recording or reproduction of sounds (Cl.14-01) 17-01 KEYBOARD INSTRUMENTS Note: Including electronic and other organs, accordions, and mechanical and other pianos. 17-02 WIND INSTRUMENTS Note: Not including organs, harmoniums and accordions (Cl. 17-01) 17-03 STRINGED INSTRUMENTS 17-04 PERCUSSION INSTRUMENTS 17-05 MECHANICAL INSTRUMENTS Notes: (a) including music boxes. (b) Not including mechanical keyboard instruments (Cl. 17-01) 17-99 MISCELLANEOUS CLASS 18 Printing and office machinery 18-01 TYPEWRITERS AND CALCULATING MACHINES Note: Not including computers and other apparatus to be placed in class 14-02 18-02 PRINTING MACHINES Notes: (a) Including typesetting machines, stereotype machines and apparatus, typographic machines and other reproducing machines such as duplicators and offset equipment, as well as addressing machines, franking and cancelling machines. (b) Not including photocopying machinery (Cl. 16-03) 18-03 TYPE AND TYPE FACES 18-04 BOOKBINDING MACHINES, PRINTERS' STAPLING MACHINES, GUILLOTINES AND TRIMMERS (FOR BOOKBINDING) Note: Including machines and similar devices for cutting analogous to guillotines and trimmers. 18-99 MISCELLANEOUS CLASS 19 Stationary and office equipment, artists' and teaching materials 19-01 WRITING PAPER, CARDS FOR CORRESPONDENCE AND ANNOUNCEMENTS Note: Including all paper, in the widest sense of the term, which is used for writing, drawing, painting or printing, such as tracing paper, carbon paper, newsprint, envelopes, greetings cards and illustrated postcards, even if they embody a sound recording. 19-02 OFFICE EQUIPMENT Notes: (a) Including equipment used at cash desks, such as change sorters. (b) Some office equipment is to be placed in other subclasses or classes; for example, office furniture in Class 6 office machines and equipment in Classes 14-02; 16-03; 18-01; 18-02 or 18-04 and writing materials in Class 19-01 or 19-06 (see Alphabetical List). 19-03 CALENDARS Note: Not including- (Cl.19-04) 19-04 BOOKS AND OTHER OBJECTS OF SIMILAR OUTWARD APPEARANCE Note: Including covers of books, bindings, albums, diaries and similar objects. 19-05 [vacant] 19-06 MATERIALS AND INSTRUMENTS FOR WRITING BY HAND, FOR DRAWING, FOR PAINTING, FOR SCULPTURE, FOR ENGRAVING AND FOR OTHER ARTISTIC TECHNIQUES Note: Not including paintbrushes ( Cl. 4-04) drawing tables and attached equipment (Cl.6-03) or writing paper (Cl. 19-01) 19-07 TEACHING MATERIALS Notes: (a) Including maps of all kinds, globes and planetariums. (b) Not including audio-visual teaching aids (Cl. 14-01) 19-08 OTHER PRINTED MATTER Note Including printed advertising materials 19-99 MISCELLANEOUS CLASS 20 Sales and advertising equipment, signs 20-0 1 AUTOMATIC VENDING MACHINS 20-02 DISPLAY AND SALES EQUIPMENT . Note: Not including articles of furniture (Cl. 6) 20-03 SIGNS, SIGNBOARDS AND ADVERTISING DEVICES Notes: (a) Including luminous advertising devices and mobile advertising devices.. (b) Not including packages (Cl. 9) or signalling devices (Cl. 10-06) 20-99 MISCELLANEOUS CLASS 21 Games, toys, tents and sports goods 21-01 GAMES AND TOYS Notes: (a) Including scale models. (b) Not including toys for animals (Cl. 30-99) 21-02 GYMNASTICS AND SPORTS APPARATUS AND EQUIPMENT.. Notes: (a) Including, as sports equipment: apparatus and equipment necessary for the various sports which have no other specific purpose, such as footballs, skis and tennis rackets, to the exclusion of all other objects which may also be used in practicing 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. l2-14) 21-03 OTHER AMUSEMENT AND ENTERTAINMENT ARTICLES Notes: (a) Including fairground roundabouts and automatic machine for games of chance. (b) Not including games and toys (Cl. 21-01) or other articles to be placed in Class 21-01 or 21-02. 21-04 TENTS AND ACCESSORIES THEREOF Notes: (a) including poles, pegs and other similar articles. (b) Not including other camping articles to be placed in other classes according to their nature, such as chairs (Cl. 6-01) tables (Cl. 6-01) plates (Cl. 7-01) and caravans (Cl.12-10). 2 1-99 MISCELLANEOUS CLASS 22 Arms, pyrotechnic articles, articles for hunting, fishing and pest killing 22-01 PROJECTILE WEAPONS - 22-02 OTHER WEAPONS 22-03 AMMUNITION, ROCKETS AND PYROTECHNIC ARTICLES 22-04 TARGETS AND ACCESSORIES Note: Including the special device for actuating mobile targets. 22-05 HUNTING AND FISHING EQUIPMENT Notes Not including articles of clothing (Cl. 2), or weapons (Cl. 22-01 or 22-02) 22-06 TRAPS, ARTICLES FOR PEST KILUNG 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 APPLIAN 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 equipments Note: The term "medical equipment" covers a surgical, dental, and veterinary equipment. 24-01 APPARATUS AND EQUIPMENT FOR DOCTORS, HOSIPITAL AND LABROTRIES 24- MEDICAL INSTRUMENTS, INSTRUMENTS AND TOOLS FOR LABORATORY USE Note: Including only hand-operated instruments. 24-03 PROSTHETIC ARTICLES 24.04 MATERIALS FOR DRESSING WOUNDS, NURSING AND MEDICAL CARE Note' Including absorbent dressings. ' 24-99 MISCELLANEOUS CLASS 25 Building units and construction elements -. 25 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, outdoors shutters partition walls and gratings (b) Not including staircases (Cl.25-04). 25-03 HOUSES, GARAGES AND OTHER BUILDINGS 25 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 Notes Including bulbs for electrics lamps luminous plaques and tubes, and candles. 26-05 LAMPS, STANDADLAMPS, CHANDELIERS WALL AND CEILING FIXTURES, LAMPSHADES, REFLECTORS, PHOTOGRAPHIC AND CINEMATOGRAPHIC PROJECTOR LAMPS . 26-06 LUMINOUS DEVICES FOR VEHICLES 26-99 MISCELLANEOUS CLASS 27 Tobacco and smokers'. supplies.. 27-01 TOBACCO, CIGARS AND CIGARETTES 27-02 PIPES, CIGAR AND CIGARETTE HOLDERS 27-03 ASHTRAYS 27-04 MATCHES 27-05 LIGHTERS 27-06 CIGAR CASES, CIGARETTE CASES, TOBACCO JARS AND POUCHES Note: Not including packages (Cl. 9). 27-99 MISCELLANEOUS CLASS 28 Pharmaceutical and cosmetic products; toilet articles and, apparatus 28-01 PHARMACEUTICAL PRODUCTS Notes: (a)Including for animals. (b) Including chemicals in cachet, capsule, lozenge, pill and tablet forms. (c)Not including materials for dressing wounds and nursing (Cl. 24-04) 28-02 COSMETIC PRODUCTS Note: Including for animals. 28-03 TOILET ARTICLES AND BEAUTY PARLOR EQUIPMENT Notes: (a) Including razors, apparatus and appliances for massaging, hair removing or' hair dressing. (b) Not including toilet and make-up brushes (Cl. 4-02) or articles and equipment for animals (Cl. 30-99) 28-04 WIGS, FALSE HAIRPIECES 28-99 MISCELLANEOUS CLASS 29 Devices and equipment against fire hazards, for accident prevention and for' rescue 29-01 DEVICES AND EQUIPMENT AGAINST FIRE HAZARDS Notes: (a) Including fire extinguishers. (b) Not including fire engines (vehicles) (Cl.12-13) fire-hoses' and nozzles for fire-hoses (Cl. 23-01) 29-02 DEVICES AND EQUIPMENT FOR ACCIDENT PREVENTION AND FOR RESCUE, NOT ELSEWHERE SPECIFIED Notes: (a) Including 'devices and equipment for animals (b) Not including helmets (Cl. 2-03 ) and garments for protection against accidents (Cl. 2-02; 2-04 or 2-06). 29-99 MISCELLANEOUS CLASS 30 Articles for the care and handling of animals Note: Not including animal foodstuff's (Cl. 1) or pharmaceutical and cosmetic products for animals (Cl. 28-01 or 28-02) ' 30-01 ANIMAL CLOTHING 30-02 PENS, CAGES, KENNELS AND SIMILAR SHELTERS Note: Not including buildings (Cl. 25) 30-03 FEEDERS AND WATERERS 30-04 SADDLERY Note: Including collars for animals. 30-05 WHIPS AND PRODS 30-06 BEDS AND NESTS 30-07 PERCHES AND OTHER CAGE ATTACHMENTS 30-08 MARKERS. MARKS AND SHACKLES 30-09 HITCHING POSTS 30-99 MISCELLANEOUS CLASS 31 Machines and appliances for preparing food or drink, not elsewhere specified Note: Not including hand-manipulated utensils, instruments and appliances for s or preparing food or drink (Cl.7) 31-00 MACHINES AND APPLIANCES FOR PREPARING FOOD OR DRINKS NOT ELSEWHERE SPECIFIED CLASS 99 Miscellaneous Note: Including all the products not included in the preceding classes. 99-00 MISCELLANEOUS.". 19. In the THE FOURTH SCHEDULE of the principal rules:- (a) for items number 6 and 7 and entries relating thereto, the following item and entries shall be substituted namely. "6 For statement and evidence under Rules 29(1) and 40(2) 200.00 7 Counter statement and evidence under rules 29(3) and 40(4) 200.00" 20. After fourth Schedule of the principal rules, the following Schedule shall be inserted, namely: "THE FIFTH SCHEDULE (See Rule 17) ORIGINAL No. GOVERNMENT OF INDIA THE PATENT OFFICE CERTIFICATE OF REGISTRATION OF DESIGN Design No……………………………………… Date………………………………………….. Reciprocity date*………………………………. Country…………………………………………. Certified that the Design of which a copy is annexed hereto has been registered as of the number and date given above in class……………… in respect of the application of such designbto…………………………….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 proc or for obtaining registration abroad. Date of issue" [F. No. 5/32/2007-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.