IMPORTANT NOTES for filing Form D1
Classification of articles - Class 32 sub-class 01
- For the purposes of the registration of designs, you must include the article(s) to which the design is intended to be applied and state the class number of the article(s) in Application Form D1. Please note that the article(s) shall be classified in accordance with the Locarno Classification of the World Intellectual Property Organisation ( http://www.wipo.int/classifications/locarno/en/).
- According to the Locarno Classification, Class 32 sub-class 01 is the class to which the items “graphic symbols and logos, surface patterns, ornamentation” belong. Under section 2 of the Registered Designs Ordinance (Cap. 522), “design” is defined as “features of shape, configuration, pattern or ornament applied to an article by any industrial process …” and “article” means "any article of manufacture and includes any part of an article if that part is made and sold separately".
- Accordingly, if you wish to apply for registration of a design in respect of “graphic symbols and logos, surface patterns, ornamentation” (or any of the above items), you need to specify the article(s) to which the relevant Class 32 sub-class 01 items are to be applied and state the class and sub-class of the article(s) in accordance with the Locarno Classification. For example, if you wish to seek registration of a design in respect of an “ornamentation” and the ornamentation is to be applied to handbags, the article and the classification may be stated as “ornamentation for handbags” and “3-01” respectively in Application Form D1 instead of “ornamentation” and “32-01” respectively.
- If you file an application for registration of design and wish to claim priority in your application based on a previous application for registration of the same design filed in a Paris Convention country or a World Trade Organization member, you are required to specify the article and the class in your application form as mentioned in paragraph 3 even if such previous application is classified in Class 32 sub-class 01.
Important Notes for filing Form D1