9911796707
TMI BlogAmendment in DESIGNS RULES, 2001X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide 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 sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dstuffs 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. 0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting 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 STOR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CORATIONS 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) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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) In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dressing 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- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 equ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 appl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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