Rule 10 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 10 says how the article to which a design is applied is sorted into a class. Until 2021 the class came from a list set out in the Third Schedule to the Rules; since the Designs (Amendment) Rules, 2021 it comes from the current edition of the Locarno Classification published by WIPO, and the Third Schedule has been omitted. The class you choose goes on the application, so getting it right is part of any industrial design registration filing.
For registering designs and for the Rules, articles are classified as per the current edition of the "International Classification for Industrial Designs (Locarno Classification)" published by WIPO. Registration is subject to the Act, specifically section 2(a) and 2(d). If there is a doubt as to the class of an article, the Controller decides, in consultation with the applicant wherever required. The old Third Schedule was omitted in 2021.
Source note
This article gives the current rule as substituted by the Designs (Amendment) Rules, 2021 (G.S.R. 45(E)); sub-rule (2) is read as notified in 2001. The 2014 amendment (G.S.R. 925(E)) is not in the sources consulted, and later amendments should be checked. The sources do not set out the Locarno Classification itself or say which edition is current at any date, so check the WIPO publication directly.
Rule 10(1) as it was, and as it is
The 2001 text read: "For the purposes of the registration of designs and of these rules, article shall be classified as specified in the Third Schedule hereto." That Third Schedule was a long list of classes and subclasses, with explanatory notes, headed "Classification of Good" (sic) and starting with Class 01 for foodstuffs.
The 2021 amendment says that "for the sub-rule (1) the following sub-rule shall be substituted": "For the purposes of the registration of designs and of these rules, articles shall be classified as per current edition of 'International Classification for Industrial Designs (Locarno Classification)' published by World Intellectual Property Organization (WIPO)".
Then a proviso: "Provided that registration of any design would be subject to the fulfillment of provisions of the Act specifically 2(a) and 2(d)."
This substitution was made by G.S.R. 45(E) in 2021, and the same notification says that "in the principal rules, THIRD SCHEDULE shall be omitted."
| Point | 2001 text | As amended in 2021 |
|---|---|---|
| Source of classes | Third Schedule to the Rules | current edition of the Locarno Classification, published by WIPO |
| Third Schedule | in force | omitted |
| Proviso | none | registration subject to the provisions of the Act, specifically 2(a) and 2(d) |
| Doubts | decided by the Controller | decided by the Controller (unchanged) |
What the proviso refers to
Sections 2(a) and 2(d) of the Designs Act, 2000 are the definitions of "article" and "design" (clause letters as in the Act; see our article on section 2 of the Act). The proviso therefore says that putting an article in a Locarno class does not by itself make a design registrable: it must still be an "article" and a "design" as the Act defines them. Class is a filing label, not a test of registrability.
Drafting point: the amended text is printed with a closing quotation mark and a colon after "(WIPO)", and the proviso follows on a new line. The proviso is read as attached to sub-rule (1).
Rule 10(2): doubts about the class
"If any doubt arises as to the class to which any particular description of article belongs, it shall be determined by the Controller in consultation with the applicant wherever required."
Two points follow from the text:
- the decision on the class belongs to the Controller;
- consultation with the applicant is "wherever required", not in every case.
The rule does not give a time limit for the decision, a form for the consultation or a right of appeal as such. A decision refusing registration can be appealed under the Act; see our article on sections 35-36 of the Act for that.
Where the class is used
The class appears at three points that the Rules mention:
- Rule 11(2): 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".
- Rule 11(3): to register the same design in more than one class of article, a separate application is made in each class and states the numbers of registrations already effected.
- Rule 30(1): when a design is accepted, the Register records the number of the design and "the class in which it is registered".
Form 1, as substituted in 2021, has a field to "insert number of class" and a field for the name of the article or trade description of each article in a set. See our article on rules 11-13 for the application itself.
Illustrations (invented)
Straight case. Ananya Lighting Pvt. Ltd. wants to register the shape of a table lamp. It looks up the Locarno Classification for lighting apparatus, enters the class number on Form 1, and states "table lamp" as the article.
Doubtful case. Brisk Gear LLP applies for a design for a combined water bottle and phone stand. The class is doubtful, since the article might sit in more than one class. Under rule 10(2) the Controller determines the class, consulting the applicant wherever required. If Brisk Gear wants the same design protected as a different class of article, rule 11(3) calls for a separate application in that class, with the number of the registration already made.
What the rule does not say
- It does not list the classes, because the Locarno Classification is an external WIPO publication.
- It does not say how often the edition changes or from which date a new edition applies.
- It does not give a transitional rule for applications filed under the old Third Schedule.
Need help choosing the class for your design?
An application filed in the wrong class can draw an objection or need a fresh filing. Our industrial design registration team can check your article against the current Locarno Classification before filing.
Key takeaways
- Since 2021, articles are classified under the current edition of the Locarno Classification published by WIPO.
- The Third Schedule to the Rules has been omitted.
- Registration remains subject to sections 2(a) and 2(d) of the Act.
- The Controller decides doubts about the class, in consultation with the applicant wherever required.
- The class goes on the application and into the Register.
- The 2014 amendment is not in the sources consulted; check later amendments.
Read next
- Rules 6-9: forms, size of documents, signature, verification and agency
- Rules 11-13: application, statement of novelty and additional copies
- What can be registered as a design in India
Disclaimer: Based on the Designs Rules, 2001 as notified and the Designs (Amendment) Rules, 2021, as consulted on 1 October 2026. Other amendments may apply; fees and forms change from time to time. This article is general information, not legal advice; check the official text before acting.