CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs
Rohan Appliances applies to register a mixer-grinder jar design. The examiner finds that the design is merely a known jar shape combined with a known lid shape, with no real visual difference from the combination of those two. Which ground in the Designs Act, 2000 most directly bars registration?
The bar is Section 4(c): a design not significantly distinguishable from known designs or a combination of known designs cannot be registered. Merely combining a known jar shape and a known lid shape without a real visual difference falls within this prohibition.
- AThe design contains scandalous or obscene matter
- BThe design is not significantly distinguishable from known designs or combination of known designsCorrect
- CThe design has been registered in more than one class
- DThe application was abandoned for default
Explanation
Section 4(c) prohibits registration of a design that is not significantly distinguishable from known designs or a combination of known designs. The facts describe exactly that. No obscene matter, multi-class registration or abandonment is mentioned.
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