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 same class.
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 sub-classes therein.
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 effected".
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 class.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
