Rules 38-40 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 38 opens the Register of Designs to public inspection during office hours. Rules 39 and 40 deal with an application to rectify the Register under section 31 of the Designs Act, 2000: the Controller notifies the people named in the Register and advertises the application, anyone may oppose within three months of the advertisement, and the opponent must file a written statement within fourteen days of giving notice. If you are asked to defend or challenge an entry, our design objection reply team can act on either side.
The Register may be inspected by the public whenever the Office is open to the public, except when needed for official use. On an application to rectify the Register under section 31, the Controller notifies all persons on the Register claiming an interest and advertises the application in the Official Gazette. A notice of opposition may be given within three months of the advertisement; the opponent leaves a written statement in duplicate within fourteen days of giving notice. Evidence and hearing follow rule 29.
Source note
Rules 38 to 40 are read as notified in 2001; the Designs (Amendment) Rules, 2021 (G.S.R. 45(E)) did not change them, but substituted the First Schedule with their fees. The 2014 amendment (G.S.R. 925(E)) is not in the sources consulted, and later amendments should be checked. Rectification is governed by section 31 of the Designs Act, 2000.
Rule 38: hours of inspection of the Register
"The Register of Designs shall be open to the inspection of the public at all times on which the Office is open to the public, except at times when they are required for actual official use."
- Who: the public.
- When: at all times the Office is open to the public.
- Exception: times when the Register is "required for actual official use".
As per the Schedule as substituted in 2021 (entry 27), "Inspection of Register of Design under rule 38 (in respect of each design)" carries Rs 250 in the first column (natural persons, startups, small entities) and Rs 1000 in the second column (others). No form number is printed. Check the current Schedule before paying. Do not confuse this inspection of the Register with inspection of a registered design on Form 5 under rule 27 (see our article on rules 27-28).
Rule 39: rectification of the Register
"If an application is made for the rectification of the Register of Design under section 31 of the Act, the Controller shall notify all persons whose names, at the time of the application are entered on the Register as claiming an interest in the design, and shall advertise the application in the Official Gazette."
Two duties fall on the Controller:
- notify every person who, at the time of the application, is on the Register as claiming an interest in the design; and
- advertise the application in the Official Gazette.
The application itself is made in Form 17, "Application for rectification of Register", under section 31. As per the Schedule as substituted in 2021 (entry 18), the fee is Rs 500 (first column) or Rs 2000 (second column). The rule does not say who may apply; section 31 deals with that.
Rule 40: opposition to rectification
Rule 40(1): three months
"Notice of opposition to any rectification of the Register of Design may be given within three months of the advertisement of the application for rectification." The period is counted from the advertisement, not from the notice to persons on the Register. The notice is in Form 19. As per the Schedule as substituted in 2021 (entry 20), Rs 100 (first column) or Rs 400 (second column), on notice of opposition under rule 40.
Rule 40(2): the written statement
"The opponent shall, within fourteen days of giving notice of opposition, leave at the office his written statement in duplicate setting out the nature of his interest, the facts upon which he bases his opposition and the relief, which he seeks."
The statement has three parts: the nature of the opponent's interest, the facts relied on, and the relief sought. It is in duplicate and is due within fourteen days of giving notice of opposition.
Rule 40(3): copies to the applicant
"The Controller shall furnish the applicant with a copy each of the notice of opposition and the written statement." The applicant is the person who applied for rectification.
Rule 40(4): procedure follows rule 29
"The procedure specified in sub-rules (4) to (13) for rule 29 relating to leaving evidence and hearing shall, so far as may be, apply to the hearing of the application under section 31 as they apply to the hearing of a petition under section 19." That brings in the rounds of affidavit evidence, the translation rule, the one-month ordinary time (extendable by special order, never beyond three months in aggregate), the hearing notice of not less than ten days, Form 20 for intention to attend, and the decision. See our article on rule 29. The words "so far as may be" mean the sub-rules apply with the changes the context needs, such as reading "opponent" and "applicant" for the parties in a cancellation petition.
| Step | Rule | Period |
|---|---|---|
| Application to rectify | s.31 (Form 17) | none stated in the rules |
| Notice to persons on the Register; advertisement | 39 | no period stated |
| Notice of opposition (Form 19) | 40(1) | within three months of the advertisement |
| Written statement in duplicate | 40(2) | within fourteen days of giving notice |
| Copies to the applicant | 40(3) | no period stated |
| Evidence and hearing | 40(4) and rule 29(4) to (13) | as in rule 29 |
Drafting slips: "sub-rules (4) to (13) for rule 29" for "of rule 29". Also the Fourth Schedule speaks of a statement under rule 40(2) and a counter-statement under rule 40(4), but rule 40(4) as printed does not itself mention a counter-statement; the text does not explain this (see our article on rule 43).
Illustration (invented)
Rao Textiles applies under section 31 to rectify the Register by removing an entry in the name of Delta Prints. The Controller notifies Delta Prints and every other person on the Register as claiming an interest, and advertises the application. Sunita Sharma, a licensee named on the Register, gives notice of opposition on the 80th day after the advertisement, which is within three months. Within fourteen days she leaves a written statement in duplicate setting out her interest, the facts and the relief she seeks. The Controller gives Rao a copy of each. Evidence and hearing follow the rule 29 procedure.
What the rules do not say
- They do not give a time for the Controller to notify or advertise.
- Rule 40 does not say what happens if the written statement is not filed within fourteen days.
- Rule 38 does not say who is the public official in charge of the Register.
- Rule 38 does not describe online inspection.
Need help with rectification or opposition?
The three-month and fourteen-day periods are short, and a late written statement may weaken your case. Our design objection reply team can file the application, notice of opposition and statement within time.
Key takeaways
- The public may inspect the Register whenever the Office is open to the public, except for actual official use.
- On a rectification application, the Controller notifies the persons on the Register and advertises it in the Gazette.
- Opposition notice: within three months of the advertisement.
- Written statement in duplicate: within fourteen days of giving the notice.
- Evidence and hearing follow rule 29, so far as may be.
- The 2014 amendment is not in the sources consulted; check later amendments.
Read next
- Rules 32-37: registration of documents, assignment, licence and mortgage entries
- Rules 41-42: certified copies and form of affidavits
- Cancellation of design registration: grounds and process
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.