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CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs

Anjali Home Decor files for a lamp-shade design which differs from a widely known shade only in the colour of a tassel, a change a viewer would hardly notice. Which ground in the Designs Act, 2000 most directly supports refusal?

The most direct ground is that the design is not significantly distinguishable from known designs or a combination of known designs. Section 4(c) bars registration of such a design, and a barely noticeable change in tassel colour does not make the lamp-shade significantly different.

  1. AThe design is not significantly distinguishable from known designs or a combination of known designsCorrect
  2. BThe design contains scandalous matter
  3. CThe design has not been entered on the register under Section 10
  4. DThe design was published by the Controller after registration

Explanation

Section 4(c) prohibits registration of a design that is not significantly distinguishable from known designs or combinations of them. A trivial tassel colour change fits this. Nothing suggests scandalous matter, and the register entry and post-registration publication under Section 7 concern later stages, not grounds of refusal.

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