9911796707
TMI BlogAmendment in DESIGNS RULES, 2001X X X X Extracts X X X X X X X X Extracts X X X X ..... eby 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es 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 exce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... OLATES, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rapping 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 incorporat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, 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 MOTORCYCLE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 electri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecified 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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