Rule 26 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 26 tells the proprietor of a registered design how to mark the articles before they are delivered on sale: with the word REGISTERED, or the abbreviation REGD. or RD, and the number on the certificate of registration. It also lists two exceptions. It carries out section 15 of the Designs Act, 2000, which sets requirements before delivery on sale. Anyone who has obtained an industrial design registration and is about to ship product should read it.
Before delivery on sale, the proprietor must cause each article to which a registered design has been applied to be marked with REGISTERED, REGD. or RD (his choice) and the registration number on the certificate, except for soft or brittle articles carrying designs registered in different classes, where the number need not be added. The marking requirement is dispensed with for printed or woven textile goods (other than handkerchiefs) and for brittle articles of charcoal dust not sold in single pieces.
Source note
Rule 26 is read as notified in 2001; the Designs (Amendment) Rules, 2021 (G.S.R. 45(E)) did not change it. The 2014 amendment (G.S.R. 925(E)) is not in the sources consulted, and later amendments should be checked. The rule works with section 15 of the Designs Act, 2000. The rule itself does not state what follows from a failure to mark; that is a matter for the Act and is not set out in the Rule.
Who must mark, and when
"Before delivery on sale of any article to which a registered design has been applied, the proprietor of such design shall cause each such article to be marked."
- Who: the proprietor of the registered design.
- What: each article to which the registered design has been applied.
- When: before delivery on sale.
The words "cause each such article to be marked" mean the proprietor is responsible even if a manufacturer or a printer does the marking. The rule does not speak of articles that are not sold, such as a sample or a gift.
What the mark must say
| Part of the mark | Text of rule 26 |
|---|---|
| The word or abbreviation | "the word REGISTERED or with the abbreviation REGD., or with the abbreviation RD, as he may choose" |
| The number | "also ... with the number appearing on the certificate of registration" |
Three options are allowed for the word; the proprietor chooses. The number is required in addition, unless the exception applies.
The exception on the number
The number is required "except in the case of articles made of soft or brittle in nature to which have been applied designs registered in different classes of articles". The sentence is badly drafted ("made of soft or brittle in nature"), and the text does not define "soft" or "brittle". Read literally, the exception is limited to articles that are soft or brittle in nature and to which designs registered in different classes have been applied; for those, the word or abbreviation is still needed but the number is not. Because the wording is unclear, a proprietor who is unsure should mark the number anyway.
The proviso: where marking is not required
"Provided that the requirements of this rule and clause (b) of sub-section (1) of section 15 of the Act shall be dispensed with as regards-
- (i) textile goods in which the design is printed or woven, other than handkerchiefs; and
- (ii) articles made of charcoal dust, which are brittle and which are not sold in single pieces."
So the rule and section 15(1)(b) of the Act are dispensed with for:
| Category | Condition |
|---|---|
| Textile goods | the design is printed or woven; handkerchiefs are not covered by the exemption |
| Articles of charcoal dust | brittle, and not sold in single pieces |
Handkerchiefs with a printed or woven design therefore must still be marked. The proviso names section 15(1)(b); it does not mention section 15(1)(a) or other clauses, and the Rule does not describe what they require.
Marking in practice
Rule 26 does not say where on the article the mark must go, how large it must be or whether a label is enough. It only says each article must be "marked". Those are matters the Rule leaves open. For what the Act says about infringement of a registered design, see our article on piracy of registered designs.
A short checklist from the text:
- Is a registered design applied to the article?
- Is delivery on sale about to happen?
- Mark REGISTERED, REGD. or RD.
- Add the registration number from the certificate.
- Check whether the article is a printed or woven textile (not a handkerchief) or a brittle charcoal-dust article not sold singly; if so, the requirement is dispensed with.
Illustrations (invented)
Ceramics. Kaveri Ceramics registers a design for a mug. Before it delivers the mugs to a retailer on sale, it causes each mug to be marked with "REGD." and the registration number from its certificate.
Textile. Indigo Looms prints a registered pattern on bed sheets. The sheets are textile goods in which the design is printed, so the marking requirement is dispensed with. If the same pattern is printed on handkerchiefs, the exemption does not apply to them and each handkerchief must be marked.
Charcoal. Ember Works sells brittle charcoal-dust incense holders in packs of ten, not in single pieces. The proviso exempts such articles.
What the rule does not say
- It does not state the consequence of failing to mark.
- It does not say where or how large the mark must be.
- It does not define "soft", "brittle" or "delivery on sale".
- It does not say whether packaging may carry the mark instead of the article.
Need help with design marking?
Marking is a simple step that is easy to forget when production moves fast. Our industrial design registration team can advise your packaging and production teams on the marking that matches your certificate.
Key takeaways
- The proprietor must have each article marked before delivery on sale.
- The mark is REGISTERED, REGD. or RD, plus the registration number on the certificate.
- Soft or brittle articles with designs registered in different classes are excepted from the number.
- Printed or woven textiles (not handkerchiefs) and brittle charcoal-dust articles not sold in single pieces are dispensed with.
- The rule is silent on consequences, placement and size.
- The 2014 amendment is not in the sources consulted; check later amendments.
Read next
- Rules 24-25: restoration of designs and payment of unpaid fee
- Rules 27-28: inspection of designs and search under section 18
- Piracy of registered design: infringement and penalties
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.