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Classification for Filing a Design Patent in India
Industrial design patent application is drafted as per the guidelines under Indian Design Act at design office located in Kolkata. The draft of the industrial design application in India comprises of a form as per http://ipindia.nic.in/form.htm.
The draft must also comprise good resolution images of the product from a left side view, a right side, view, a top view, a bottom view, a front view, a rear view and an isometric view. India follow Locarno Classification for filing and registration of a design patent application comprising 32 classes, numbered 1 to 31 and an additional class 99 to include articles not falling under the aforesaid 31 classes.
01-01 BAKERS’ PRODUCTS, BISCUITS, PASTRY, PASTA AND OTHER CEREAL PRODUCTS, CHOCOLATES, CONFECTIONERY, ICES |
01-02 FRUIT, VEGETABLES AND PRODUCTS MADE FROM FRUITS AND VEGETABLES |
01-03 CHEESES, BUTTER AND BUTTER SUBSTITUTES, OTHER DAIRY PRODUCE |
01-04 BUTCHERS’ MEAT (INCLUDING PORK PRODUCTS), FISH |
01-05 TOFU AND TOFU PRODUCTS |
01-06 ANIMAL FOODSTUFFS |
01-99 MISCELLANEOUS |
02-01 UNDERGARMENTS, LINGERIE, CORSETS, BRASSIÈRES, NIGHTWEAR |
Note(s) |
a. Including orthopedic corsets and body linen. |
b. Not including household linen (Cl. 06-13). |
02-02 GARMENTS |
Note(s) |
a. Including all sorts of garments, and furs, bathing costumes, sports clothing and orthopedic garments, subject to the exceptions indicated under b. |
b. Not including undergarments (Cl. 02-01), or garments to be placed in Cl. 02-03, Cl. 02-04, Cl. 02-05 or Cl. 02-06. |
02-03 HEADWEAR |
Note(s) |
Including all kinds of headwear for men, women and children. |
02-04 FOOTWEAR, SOCKS AND STOCKINGS |
Note(s) |
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(s) |
Including all “flat” clothing accessories. |
02-06 GLOVES |
Note(s) |
Including surgical gloves and rubber or plastic protective gloves for household use or for various occupations or sports. |
02-07 HABERDASHERY AND CLOTHING ACCESSORIES |
Note(s) |
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 yarns or other threads (Cl. 05-01), decorative trimmings (Cl. 05-04), sewing, knitting and embroidery machines (Cl. 15-06) or sewing kits (containers) (Cl. 03-01). |
02-99 MISCELLANEOUS |
03-01 TRUNKS, SUITCASES, BRIEFCASES, HANDBAGS, KEYHOLDERS, CASES SPECIALLY DESIGNED FOR THEIR CONTENTS, WALLETS AND SIMILAR ARTICLES |
Note(s) |
Not including articles for the transport of goods (Cl. 9) or cigar cases and cigarette cases (Cl. 27-06). |
03-02 [VACANT] |
03-03 UMBRELLAS, PARASOLS, SUNSHADES AND WALKING STICKS |
03-04 FANS |
03-05 DEVICES FOR CARRYING AND WALKING WITH BABIES AND CHILDREN |
Note(s) |
Not including baby carriers in Cl. 6 and Cl. 12. |
03-99 MISCELLANEOUS |
04-01 BRUSHES AND BROOMS FOR CLEANING |
Note(s) |
Not including clothes brushes (Cl. 04-02). |
04-02 TOILET BRUSHES, CLOTHES BRUSHES AND SHOE BRUSHES |
Note(s) |
a. “Toilet brushes” means brushes for corporal use, for example, for the hair, nails or teeth. |
b. Not including electric toothbrushes [appliances] (Cl. 28-03). |
04-03 BRUSHES FOR MACHINES |
Note(s) |
“Brushes for machines” means brushes incorporated in machines or in special vehicles. |
04-04 PAINTBRUSHES, BRUSHES FOR USE IN COOKING |
04-99 MISCELLANEOUS |
05-01 SPUN ARTICLES |
Note(s) |
a. Including yarn and thread. |
b. Not including, for instance, rope, wire rope, string, twine (Cl. 09-06). |
05-02 LACE |
05-03 EMBROIDERY |
05-04 RIBBONS, BRAIDS AND OTHER DECORATIVE TRIMMINGS |
05-05 TEXTILE FABRICS |
Note(s) |
Including textile fabrics, woven, knitted or otherwise manufactured, tarpaulins, felt and loden. |
05-06 ARTIFICIAL OR NATURAL SHEET MATERIAL |
Note(s) |
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 |
06-01 SEATS |
Note(s) |
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 |
Note(s) |
a. Including mattress supports. |
b. Not including seats suitable for laying (Cl. 06-01), such as benches, couches, divans [sofas], ottomans, benches for saunas and sofas. |
06-03 TABLES AND SIMILAR FURNITURE |
06-04 STORAGE FURNITURE |
Note(s) |
a. Including cupboards, furniture with drawers or compartments, and shelves. |
b. Including coffins, coffin linings and crematory urns. |
06-05 COMPOSITE FURNITURE |
06-06 OTHER FURNITURE AND FURNITURE PARTS |
06-07 MIRRORS AND FRAMES |
Note(s) |
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(s) |
Including furniture covers, bedspreads and table covers. |
06-99 MISCELLANEOUS |
07-01 CHINA, GLASSWARE, DISHES AND OTHER ARTICLES OF A SIMILAR NATURE |
Note(s) |
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. 07-02), 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 CUTLERY |
07-04 APPLIANCES AND UTENSILS, HAND-OPERATED, FOR PREPARING FOOD OR DRINK |
Note(s) |
a. Not including appliances and utensils classified in Cl. 07-02 and in Cl. 31. |
b. Not including kitchen knives, knives for boning meat (Cl. 08-03). |
07-05 FLAT-IRONS, AND WASHING, CLEANING AND DRYING EQUIPMENT |
Note(s) |
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 |
07-09 STANDS AND HOLDERS FOR HOUSEHOLD APPLIANCES AND UTENSILS |
07-10 COOLING AND FREEZING DEVICES AND ISOTHERMAL CONTAINERS |
07-99 MISCELLANEOUS |
08-01 TOOLS AND IMPLEMENTS FOR DRILLING, MILLING OR DIGGING |
08-02 HAMMERS AND OTHER SIMILAR TOOLS AND IMPLEMENTS |
08-03 CUTTING TOOLS AND IMPLEMENTS |
Note(s) |
a. Including tools and instruments for sawing. |
b. Not including table knives (Cl. 07-03), cutting tools and implements for kitchen use (Cl. 31), or knives used in surgery (Cl. 24-02). |
08-04 SCREWDRIVERS AND OTHER SIMILAR TOOLS AND IMPLEMENTS |
08-05 OTHER TOOLS AND IMPLEMENTS |
Note(s) |
a. Including tools which are not classified, or not to be placed, in other subclasses or classes. |
b. Including sanding blocks and discs for sanding machines. |
c. Not including sandpaper (Cl. 05-06). |
08-06 HANDLES, KNOBS AND HINGES |
08-07 LOCKING OR CLOSING DEVICES |
Note(s) |
Not including buckles [haberdashery] (Cl. 02-07) and key rings (Cl. 03-01). |
08-08 FASTENING, SUPPORTING OR MOUNTING DEVICES NOT INCLUDED IN OTHER CLASSES |
Note(s) |
a. Including nails, screws, nuts and bolts. |
b. Not including fastening devices for clothing (Cl. 02-07), for adornment (Cl. 11-01), or for office use (Cl. 19-02). |
08-09 METAL FITTINGS AND MOUNTINGS FOR DOORS, WINDOWS AND FURNITURE, AND SIMILAR ARTICLES, NOT INCLUDED IN OTHER CLASSES OR SUBCLASSES |
08-10 BICYCLE AND MOTORCYCLE RACKS |
Note(s) |
a. Including repair stands or stands for parking cycles. |
b. Not including retractable stands that are parts of cycles (Cl. 12-11). |
08-11 HARDWARE FOR CURTAINS |
08-99 MISCELLANEOUS |
Note(s) |
Including non-electric cables, regardless of the material of which they are made. |
09-01 BOTTLES, FLASKS, POTS, CARBOYS, DEMIJOHNS, AND CONTAINERS WITH DYNAMIC DISPENSING MEANS |
Note(s) |
a. “Pots” means those serving as containers. |
b. Not including pots regarded as crockery (Cl. 07-01), or flower pots (Cl. 11-02). |
09-02 STORAGE CANS, DRUMS AND CASKS |
09-03 BOXES, CASES, CONTAINERS, (PRESERVE) TINS OR CANS |
Note(s) |
Including freight containers. |
09-04 HAMPERS, CRATES AND BASKETS |
09-05 BAGS, SACHETS, TUBES AND CAPSULES |
Note(s) |
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 |
Note(s) |
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 PLATFORMS FOR FORKLIFTS |
09-09 REFUSE AND TRASH CONTAINERS AND STANDS THEREFOR |
09-10 HANDLES AND GRIPS FOR THE TRANSPORT OR HANDLING OF PACKAGES AND CONTAINERS |
09-99 MISCELLANEOUS |
10-01 CLOCKS AND ALARM CLOCKS |
10-02 WATCHES AND WRIST WATCHES |
10-03 OTHER TIME-MEASURING INSTRUMENTS |
Note(s) |
Including time-measuring apparatus such as parking meters, timers for kitchen use and similar instruments. |
10-04 OTHER MEASURING INSTRUMENTS, APPARATUS AND DEVICES |
Note(s) |
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(s) |
Including fire and burglar alarms, and detectors of various types. |
10-06 SIGNALLING APPARATUS AND DEVICES |
Note(s) |
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(s) |
“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. 03-01) or for packaging (Cl. 09-03). |
11-01 JEWELLERY |
Note(s) |
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(s) |
Including sculptures, mobiles and statues. |
11-03 MEDALS AND BADGES |
11-04 ARTIFICIAL FLOWERS, FRUIT AND PLANTS |
11-05 FLAGS, FESTIVE DECORATIONS |
Note(s) |
a. Including garlands, streamers and Christmas tree decorations. |
b. Not including candles (Cl. 26-04). |
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(s) |
Including passenger lifts, goods lifts, cranes, forklift trucks and conveyor belts. |
12-06 SHIPS AND BOATS |
12-07 AIRCRAFT AND SPACE VEHICLES |
12-08 MOTOR CARS, BUSES AND LORRIES |
Note(s) |
Including ambulances and refrigerator vans (road). |
12-09 TRACTORS |
12-10 ROAD VEHICLE TRAILERS |
Note(s) |
Including caravans. |
12-11 CYCLES AND MOTORCYCLES |
12-12 PERAMBULATORS, INVALID CHAIRS, STRETCHERS |
Note(s) |
a. “Perambulators” means hand carriages for infants. |
b. Not including toy perambulators (Cl. 21-01). |
12-13 SPECIAL-PURPOSE VEHICLES |
Note(s) |
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(s) |
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 |
Note(s) |
a. Not including safety belts for the seats of vehicles (Cl. 29-02), door handles for vehicles (Cl. 08-06). |
b. Not including pantographs for electric locomotives or trams (Cl. 13-03). |
12-17 RAILWAY INFRASTRUCTURE COMPONENTS |
Note(s) |
Not including railway rails and sleepers (Cl. 25-01), buffers for railway terminals (Cl. 25-99) and railway signals (Cl. 10-06). |
12-99 MISCELLANEOUS |
13-01 GENERATORS AND MOTORS |
Note(s) |
Including electric motors for vehicles. |
13-02 POWER TRANSFORMERS, RECTIFIERS, BATTERIES AND ACCUMULATORS |
13-03 EQUIPMENT FOR DISTRIBUTION OR CONTROL OF ELECTRIC POWER |
Note(s) |
Including conductors, switches and switchboards. |
13-04 SOLAR EQUIPMENT |
Note(s) |
Not including solar heat collectors (Cl. 23-03). |
13-99 MISCELLANEOUS |
14-01 EQUIPMENT FOR THE RECORDING OR REPRODUCTION OF SOUNDS OR PICTURES |
Note(s) |
Not including photographic or cinematographic apparatus (Cl. 16). |
14-02 DATA PROCESSING EQUIPMENT AS WELL AS PERIPHERAL APPARATUS AND DEVICES |
14-03 TELECOMMUNICATIONS EQUIPMENT, WIRELESS REMOTE CONTROLS AND RADIO AMPLIFIERS |
Note(s) |
Including telephone and television apparatus, as well as radio sets. |
14-04 SCREEN DISPLAYS AND ICONS |
Note(s) |
Including those for goods belonging to other classes. |
14-05 RECORDING AND DATA STORAGE MEDIA |
14-06 HOLDERS, STANDS AND SUPPORTS FOR ELECTRONIC EQUIPMENT, NOT INCLUDED IN OTHER CLASSES |
14-99 MISCELLANEOUS |
15-01 ENGINES |
Note(s) |
a. Including non-electric engines for vehicles. |
b. Not including electric motors (Cl. 13). |
15-02 PUMPS AND COMPRESSORS |
Note(s) |
Not including hand or foot pumps (Cl. 08-05), or fire extinguishing pumps (Cl. 29-01). |
15-03 AGRICULTURAL AND FORESTRY MACHINERY |
Note(s) |
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 AND MINING MACHINERY |
Note(s) |
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 |
Note(s) |
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 |
Note(s) |
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(s) |
a. Including 3D printers. |
b. Not including earth working machinery and material separators (Cl. 15-99). |
15-10 MACHINERY FOR FILLING, PACKING OR PACKAGING |
15-99 MISCELLANEOUS |
16-01 PHOTOGRAPHIC CAMERAS AND FILM CAMERAS |
16-02 PROJECTORS AND VIEWERS |
16-03 PHOTOCOPYING APPARATUS AND ENLARGERS |
Note(s) |
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(s) |
Including filters for photographic cameras, exposure meters, tripods and photographic flashlight apparatus. |
16-06 OPTICAL ARTICLES |
Note(s) |
a. Including spectacles and microscopes. |
b. Not including measuring instruments embodying optical devices (Cl. 10-04). |
17-01 KEYBOARD INSTRUMENTS |
Note(s) |
Including electronic and other organs, accordions, and mechanical and other pianos. |
17-02 WIND INSTRUMENTS |
Note(s) |
Not including organs, harmoniums and accordions (Cl. 17-01). |
17-03 STRINGED INSTRUMENTS |
17-04 PERCUSSION INSTRUMENTS |
17-05 MECHANICAL INSTRUMENTS |
Note(s) |
a. Including music boxes. |
b. Not including mechanical keyboard instruments (Cl. 17-01). |
17-99 MISCELLANEOUS |
18-01 TYPEWRITERS AND CALCULATING MACHINES |
Note(s) |
Not including computers and other apparatus to be placed in Cl. 14-02. |
18-02 PRINTING MACHINES |
Note(s) |
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 computer printers (Cl. 14-02) and photocopying machinery (Cl. 16-03). |
18-03 TYPE AND TYPE FACES |
18-04 BOOKBINDING MACHINES, PRINTERS’ STAPLING MACHINES, GUILLOTINES AND TRIMMERS (FOR BOOKBINDING) |
Note(s) |
Including machines and similar devices for cutting paper, analogous to guillotines and trimmers. |
18-99 MISCELLANEOUS |
19-01 WRITING PAPER, CARDS FOR CORRESPONDENCE AND ANNOUNCEMENTS |
Note(s) |
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 |
Note(s) |
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 Cl. 6, office machines and equipment in Cl. 14-02, Cl. 16-03, Cl. 18-01, Cl. 18-02 or Cl. 18-04, and writing materials in Cl. 19-01 or Cl. 19-06 (see Alphabetical List). |
19-03 CALENDARS |
Note(s) |
Not including diaries (Cl. 19-04). |
19-04 BOOKS AND OTHER OBJECTS OF SIMILAR OUTWARD APPEARANCE |
Note(s) |
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(s) |
Not including paintbrushes (Cl. 04-04), drawing tables and attached equipment (Cl. 06-03), or writing paper (Cl. 19-01). |
19-07 TEACHING MATERIALS AND APPARATUS |
Note(s) |
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(s) |
Including printed advertising materials. |
19-99 MISCELLANEOUS |
20-01 AUTOMATIC VENDING MACHINES |
20-02 DISPLAY AND SALES EQUIPMENT |
Note(s) |
Not including articles of furniture (Cl. 6). |
20-03 SIGNS, SIGNBOARDS AND ADVERTISING DEVICES |
Note(s) |
a. Including luminous advertising devices and mobile advertising devices. |
b. Not including packages (Cl. 9), or signalling devices (Cl. 10-06). |
20-99 MISCELLANEOUS |
21-01 GAMES AND TOYS |
Note(s) |
a. Including scale models. |
b. Not including toys for animals (Cl. 30-99). |
21-02 GYMNASTICS AND SPORTS APPARATUS AND EQUIPMENT |
Note(s) |
a. Including sports apparatus and equipment that are necessary for the practice of various sports and which normally have no other specific purpose, such as footballs, skis and tennis rackets, excluding all other sporting objects classified in other classes and subclasses according to other functions (for example, canoes, boats (Cl. 12-06), air guns (Cl. 22-01), mats for sports (Cl. 06-11)). |
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 |
Note(s) |
a. Including fairground roundabouts and automatic machines for games of chance. |
b. Not including games and toys (Cl. 21-01), or other articles to be placed in Cl. 21-01 or Cl. 21-02. |
21-04 TENTS AND ACCESSORIES THEREOF |
Note(s) |
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. 06-01), tables (Cl. 06-03), plates (Cl. 07-01), and caravans (Cl. 12-10). |
21-99 MISCELLANEOUS |
22-01 PROJECTILE WEAPONS |
22-02 OTHER WEAPONS |
22-03 AMMUNITION, ROCKETS AND PYROTECHNIC ARTICLES |
22-04 TARGETS AND ACCESSORIES |
Note(s) |
Including the special device for actuating mobile targets. |
22-05 HUNTING AND FISHING EQUIPMENT |
Note(s) |
Not including articles of clothing (Cl. 2), or weapons (Cl. 22-01 or Cl. 22-02). |
22-06 TRAPS, ARTICLES FOR PEST KILLING |
22-99 MISCELLANEOUS |
23-01 FLUID DISTRIBUTION EQUIPMENT |
Note(s) |
Including pipes and pipe fittings. |
23-02 [VACANT] |
23-03 HEATING EQUIPMENT |
23-04 VENTILATION AND AIR-CONDITIONING EQUIPMENT |
23-05 SOLID FUEL |
23-06 SANITARY APPLIANCES FOR PERSONAL HYGIENE |
23-07 EQUIPMENT FOR URINATION AND DEFECATION |
23-08 OTHER SANITARY EQUIPMENT AND ACCESSORIES, NOT INCLUDED IN OTHER CLASSES OR SUBCLASSES |
23-99 MISCELLANEOUS |
24-01 APPARATUS AND EQUIPMENT FOR DOCTORS, HOSPITALS AND LABORATORIES |
24-02 MEDICAL INSTRUMENTS, INSTRUMENTS AND TOOLS FOR LABORATORY USE |
Note(s) |
Including only hand-operated instruments. |
24-03 PROSTHETIC ARTICLES |
24-04 MATERIALS FOR DRESSING WOUNDS, NURSING AND MEDICAL CARE |
Note(s) |
Including absorbent dressings. |
24-99 MISCELLANEOUS |
25-01 BUILDING MATERIALS |
Note(s) |
Including bricks, beams, pre-shaped strips, tiles, slates and panels. |
25-02 PREFABRICATED OR PRE-ASSEMBLED BUILDING PARTS |
Note(s) |
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 |
26-01 CANDLESTICKS AND CANDELABRA |
26-02 TORCHES AND HAND LAMPS AND LANTERNS |
26-03 PUBLIC LIGHTING FIXTURES |
Note(s) |
Including outside lamps, stage lighting and searchlight projectors. |
26-04 LUMINOUS SOURCES, ELECTRICAL OR NOT |
Note(s) |
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 |
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(s) |
Not including packages (Cl. 9). |
27-07 ELECTRONIC CIGARETTES |
27-99 MISCELLANEOUS |
28-01 PHARMACEUTICAL PRODUCTS |
Note(s) |
a. Including for animals. |
b. Including chemicals in cachet, capsule, lozenge, pill and tablet forms, also for plants. |
c. Not including materials for dressing wounds and nursing (Cl. 24-04). |
28-02 COSMETIC PRODUCTS |
Note(s) |
Including for animals. |
28-03 TOILET ARTICLES AND BEAUTY PARLOR EQUIPMENT |
Note(s) |
a. Including razors, apparatus and appliances for massaging, hair removing or hair dressing. |
b. Not including toilet and make-up brushes (Cl. 04-02), or articles and equipment for animals (Cl. 30-99). |
28-04 WIGS AND FALSE BEAUTY ARTICLES |
28-05 AIR FRESHENERS |
28-99 MISCELLANEOUS |
29-01 DEVICES AND EQUIPMENT AGAINST FIRE HAZARDS |
Note(s) |
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 |
Note(s) |
a. Including devices and equipment for animals. |
b. Not including helmets (Cl. 02-03) and garments for protection against accidents (Cl. 02-02, Cl. 02-04 or Cl. 02-06). |
29-99 MISCELLANEOUS |
Machines and appliances for preparing food or drink, not elsewhere specified.
These classes are used for filing a design patent application in India and also decides a course of action during an examination of filed design patent.
Rules for Filing a Design in India
For filing a design patent in India, few set of rules has to be bear in mind. The set of rules are given below:
- Novelty – The design of the product should be new and original i.e. the look of the product for which the design patent is sought should not be copied or anticipated from a product prevent in a public domain.
- Should not have Prior Publication – The design of a product should not be available in the public domain in India which shall lead to an objectionable overlapping over the competitor design and may result in disapproval of registration of the design patent in India for the article.
- Utility – A product for which the design registration is sought should be capable of being manufactured and sold in Indian Geography to fulfil the utility criterion i.e. and end user should be able to use the product in commercial, research and social applications.
- Aesthetic is Focus – The design of the product should not involve any mode or principle of construction which is a mere mechanical process i.e., the shape in which all the features of design are dictated solely by the function it performs. For example – if an inventor files a design patent application for a clock whose needles are moving visibly in novel manner to provide the same time is not grantable in India, while in other case, if an inventor files a design patent of a clock with visibly distinct looking needles that does not appear commonly can be granted as it is aesthetically appealing and also serving the purpose.
- Aesthetic Appeal Should Also Be Considered – The design of the product in its finished state should have aesthetic appeal and judged solely by the eye.
- Design Should Lead to Improvement – The design of the product so applied should be used for commercial purposes and increase the marketable value of the article. The design patent of the product should result in enhancement of the marketability or profitability of the product.
- Design Should Not Be Dissent-able or Offendable – The design of the product should not be against the morality and public order of the country. It should not contain any scandalous or obscene matter.
- Design Should Bear Mark – The design of the product should not contain any property mark as defined under IPC, any trademark as defined under Trade and Merchandise Marks Act, 1958 or any artistic work as defined under Indian Copyright Act, 1957.
- Design Should Serve a Purpose – The design of the product should not be merely a mechanical contrivance and meets the criterion for registration apart from functionality may qualify for design registration.
- Significance in Aesthetic Improvement – The design of the product should not be a simple modification made to an already existing design will not be granted any design registration. To obtain a design registration, the modifications should be substantial and not minimal.
Process for Filing a Design Patent in India
A design patent application in India should be drafted as per Indian Design Act rules. The design patent application should contain a Title to suitable represent the product for which design application is being filed. The design patent application should include high quality images with white background (preferably) in various perspective views – front view, back view, right side view, left side view, top view, bottom view and perspective or isometric view.
The design patent application should be attached with a general form for design filing and has to be submitted along with the design application draft in Indian design office, Kolkata.
Process for Prosecution and Grant of a Filed Design Patent in India
The industrial design application can get a grant within as less as 4 months if there are no objections. In case of an objection of the industrial design, a reply has to be prepared and submitted in Design office which shall be further examined by the examiner. The design of the product must fulfill all the criteria set forth by the Indian Design Act 2000. The examiner examines the filed design application on each of the criteria and if found raises a set of questionnaires that can be regarded as objection points.
The inventor has to reply and clarify to the Examiner that the objections are not valid and on the basis of argument of the inventor, the filed design application shall be proceeded for grant.
Process for Litigation of Filed/Granted Design Patent in India
ANS IP Management Services assists its clients to watch a competitor market and take an appropriate action when necessary. Our attorneys strategically sound in handling even cumbersome and sophisticated matters. If an aesthetic look of a product is overlapping with a competitors product then the competitor or the present invention’s owner can seek a design attorney’s assistance to file an infringement suit after the design application is granted.
Also, an invalidity of an granted design application can be sought by the competitor by claiming that the filed design is anticipated from the product being already manufactured or sold or published in public domain by a competitor.
Process of Commercializing a Filed/Granted Design Patent in India
Commercialization of a product design is the process of bringing new products or services to market. The broader act of commercialization entails production, distribution, marketing, sales, customer support, and other key functions critical to achieving the commercial success of the new product or service.
ANS IP Team has rich experience in getting a design commercialized at good monetary value. Although ANS suggest to avail the services in this field from initial phase which allows us to increase the chances of commercializing or monetizing it because our team closely take a look over the competitive design and their market strength before moving for registration.
Frequently Asked Questions
(1) The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter.
(2) The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article. Thus, designs of industrial plans, layouts and installations are not registrable under the Act.
(3) The design should be applied or applicable to any article by any industrial process. Normally, designs of artistic nature like painting, sculptures and the like which are not produced in bulk by any industrial process are excluded from registration under the Act.
(4) The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant. Thus, any design in the inside arrangement of a box, money purse or almirah may not be considered for showing such articles in the open state, as those articles are generally put in the market in the closed state.
(5) Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be registrable design. For instance a key having its novelty only in the shape of its corrugation or bend at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act. However, when any design suggests any mode or principle of construction or mechanical or other action of a mechanism, a suitable disclaimer in respect there of is required to be inserted on its representation, provided there are other registrable features in the design.
(6) The design should not include any Trade Mark or property mark or artistic works as define under the Copyright Act, 1957.
1) Stamps, Labels, tokens, cards, cannot be considered as an article for the purpose of registration of Design in India.
2) A painting, a sculpture, a drawing (including a diagram, map, chart or plan) on engraving or a photograph, whether or not such work possesses artistic quality.
3) An work of architecture and
4) Any other work of artistic craftsmanship.
The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by a fee of Rs. 2,000/- to the Controller before the expiry of the said initial period of Copyright. The proprietor of a design may make application for such extension even as soon as the design is registered.
No, although The Hague Agreement is there under WIPO through a person can register design various countries but India is not a part of the same so far.