Skip to content

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

Nisha Toys applied to register a design for a toy and was unsure which class applied. Which statement matches the Designs Act, 2000 on classification and the effect of registration date?

A design can be registered in only one class, and where the class is doubtful the Controller decides it. Once registered, the design is treated as registered from the date of the application, not the grant date.

  1. AA design may be registered in not more than one class, the Controller may decide a doubt on class, and the registration is as of the date of the applicationCorrect
  2. BA design may be registered in several classes at the applicant's choice, as of the date of grant
  3. CThe applicant alone decides the class, and registration dates from publication
  4. DA design must be registered in two classes, as of the date of the Controller's order

Explanation

Section 5(3) permits registration in not more than one class and lets the Controller decide in case of doubt. Section 5(6) provides that a registered design is registered as of the date of the application. The other options contradict one or both.

Did you get it right without looking?

One question tells you little. A timed set on Industrial Designs shows your real accuracy, how long you take and where you lose marks.

Practise Industrial DesignsFree diagnostic mock

More Industrial Designs questions