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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.