Article 40 - Classification and product indications

1. Products in which an EU design is intended to be incorporated or to which it is intended to be applied shall be classified in accordance with the Locarno Classification, as amended and in force at the date of filing of the application. 

2. The product indication, as referred to in Article 36(2), shall identify clearly and precisely the nature of the products and shall enable each product to be classified in only one class and subclass of the Locarno Classification, if possible using the harmonised database of product indications made available by the Office. The product indication shall accord with the representation of the design. 

3. The products shall be grouped according to the classes of the Locarno Classification, each group being preceded by the number of the class to which that group of products belongs and presented in the order of the classes and subclasses under that classification. 

4. When the applicant uses product indications which are not contained in the database referred to in paragraph 2, or which do not accord with the representation of the design, the Office may propose product indications from that database. Where the applicant does not reply within the time limit specified by the Office, it may proceed with the examination based on the proposed product indications.