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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Designs

Arjun applies to register a design for a clock face. The Controller doubts whether it belongs in the class chosen by Arjun. Under section 5 of the Designs Act, 2000, what is the correct position?

A design may be registered in not more than one class, and where there is doubt about the class, the Controller may decide it. The applicant cannot register in several classes or force their own choice.

  1. AThe design may be registered in several classes at once to remove doubt
  2. BThe Controller must reject the application automatically
  3. CThe design may be registered in not more than one class, and the Controller may decide the doubt as to classCorrect
  4. DThe applicant alone decides the class and the Controller cannot question it

Explanation

Section 5(3) says a design may be registered in not more than one class and, in case of doubt about the class, the Controller may decide the question. Multiple-class registration is not allowed, and the Controller is not bound to accept the applicant's choice.

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