Controller General of Patents, Designs & Trademarks, via
circular No. 1 of 2015 dated 18.08.2015 declared a clarification on
Section 5(3) of the Designs Act, 2000. As per Section 5 (3) of the
Act, "a design may be registered in not more than one
class". Section 6(1) of the Act, reads as "A design may
be registered in respect of any or all of the articles comprised in
a prescribed class of articles"
Rule 11(2) of the Design Rules 2001 reads as "The
application shall state the class in which the design is to be
registered, and the article or articles to which the design is to
be applied." The Third Schedule of the Design Rules, 2001
provides for the classification of goods in which classes and
sub-classes are listed.
Upon reading of above mentioned Section and
Rules, it clearly shows that one application can be made for any
one or more or all of the articles comprised in a class. Thus,
these articles may come under any one or more sub-classes under the
It is clarified by Controller that an application under Section
5 of the Act for Registration of Design can be made for any one or
all the articles in that particular class, irrespective of the
It was further clarified, as provided for in Rule 11(3), that
"If it is desired to register the same design in more than one
class of article, a separate application shall be made in each
class of article and the application shall contain the number or
numbers of the registration or registrations already
As regards above clarification, applicants can apply for design
registration in one class or more class, or in respect of one
article or more articles of single class or more than one
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