Every design application in India names the article the design is applied to and the class that article falls in. The class is not an administrative label. It defines the articles the registration covers, and a design registered for one class of article does not stop the same design being used on another.
Quick reference
| System | Locarno Classification, as currently published by WIPO |
| Structure | 32 classes of articles, each divided into subclasses, plus a miscellaneous class |
| Per application | One design, one class |
| Scope | The registration covers articles in the class registered, not the design in the abstract |
| Logos, icons, surface patterns | Class 32 |
| Search | The Indian register and WIPO’s database are both searched by class |
The system
India formally adopted the Locarno Classification in 2021, replacing a national schedule that had followed Locarno loosely. The Rules now apply the current edition as WIPO publishes it, so new editions take effect in India without a further amendment.
Locarno sorts articles by what they are, not by what they look like. Class 1 is foodstuffs; class 2 clothing; class 6 furnishing; class 9 packaging and containers; class 12 vehicles; class 14 recording and communication equipment; class 23 fluid distribution and sanitary equipment; class 26 lighting; class 28 pharmaceutical and cosmetic products and toilet articles; and so on to class 32, for graphic symbols, logos, surface patterns and ornamentation, and class 99 for anything that fits nowhere else. Each class has subclasses, and the subclass is recorded too.
Why class matters
Scope of protection. A registered design gives the proprietor the exclusive right to apply the design to articles in the class in which it is registered. A bottle shape registered in class 9 for containers is not infringed by the same shape used as a lamp base in class 26. Where a design will be used across product categories — a pattern on textiles, wallpaper and packaging — it needs a registration in each class, and the Act expressly allows the same proprietor to register the same design in more than one class, though the later registrations run out with the first.
Novelty search. Examiners search within the class. So do competitors looking to cancel. A design filed in the wrong class may sail through examination and then be found, on a cancellation petition, to be anticipated by something in the right one.
Piracy. Infringement is applying the design, or an obvious or fraudulent imitation, to any article in any class in which the design is registered. The class defines the field.
One design, one class
An application covers one design applied to one article in one class. Variants — the same chair in three colourways, a bottle with two cap options — are separate designs and need separate applications, or the examiner will object. Sets of articles are a narrow exception where the articles are of the same general character, ordinarily sold together, and carry the same design; a cutlery set is the classic case.
The article must be named accurately. “Bottle” in class 9 for a perfume bottle; “chair” in class 6; “mobile phone” in class 14. The Office objects where the article name and the representations do not match, or where the name is a description of function rather than a thing.
Class 32
Class 32 was the significant addition when India adopted Locarno. It covers graphic symbols and logos, surface patterns, and ornamentation — designs that are two-dimensional and not tied to a particular product. Logos, icons, screen layouts and repeating patterns are filed here.
Two cautions. A registration in class 32 protects the pattern or symbol as a design; it does not make it a trademark, and does not give the indefinite protection a trademark would. And the Office still expects a design in class 32 to be shown applied to something — a pattern on a sheet, an icon on a screen — rather than floating.
Choosing the class
Start from what the product is and find it in the Locarno list, then check the subclass. Where the product genuinely straddles classes — a wearable device that is both jewellery and electronics — file in the class that matches the article as sold, and consider a second application in the other. Where the value is in a pattern that will go on many things, class 32 plus the main product classes.
The choice cannot be changed after registration. It can be corrected during examination, which is another reason to get it right at filing.
Frequently asked questions
What classification system does India use for designs? The Locarno Classification, adopted formally in 2021 and applied in the current edition as WIPO publishes it. Articles are sorted into 32 classes by what they are, plus a miscellaneous class, each with subclasses.
Does a design registration cover all products? No. It covers articles in the class in which the design is registered. The same design used on an article in a different class is not infringement, so designs used across product categories need registrations in each relevant class.
Can I register more than one design in one application? No. One application covers one design applied to one article in one class. Variants need separate applications. A set of articles ordinarily sold together and carrying the same design can be registered as a set.
What is class 32? The class for graphic symbols and logos, surface patterns and ornamentation — two-dimensional designs not tied to one product. Logos, icons, screen layouts and repeating patterns are filed here.
Can I register the same design in several classes? Yes. The Act allows the same proprietor to register the same design in more than one class, though the later registrations expire with the first.
Can the class be changed after filing? It can be corrected during examination if the examiner or applicant identifies an error. After registration it cannot be changed; a new application would be needed, and would face the novelty problem.
Useful official resources
- WIPO — Locarno Classification — the current edition, searchable
- IP India — designs — the Rules and the register
See our related notes on the design registration process and what can be registered as a design.
A design that spans product categories, or a pattern that needs class 32 and more? Talk to us.