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CS Professional · Intellectual Property Rights - Law and Practice · Copyrights

Rohan Designs applies to register a logo, an artistic work that it uses on its garments. Under section 45 of the Copyright Act, 1957, what must the application include for this artistic work?

The application must state that the artistic work is used or capable of being used in relation to goods or services and be accompanied by a Registrar of Trade Marks certificate that no identical or deceptively similar trade mark is registered or applied for by any person other than the applicant.

  1. AA statement that the work is used or capable of being used in relation to goods or services, with a certificate from the Registrar of Trade Marks that no identical or deceptively similar trade mark is registered or applied for by another personCorrect
  2. BOnly a declaration that the logo is original, with no trade mark certificate
  3. CA certificate from the Registrar of Trade Marks that the logo is registered as a trade mark in the applicant's name
  4. DA no-objection letter from the Central Government

Explanation

The proviso to section 45(1) requires a statement of such use and a certificate from the Registrar of Trade Marks that no identical or deceptively similar mark is registered, or applied for, by anyone other than the applicant. Option 2 reverses this: the certificate speaks of no one else holding the mark, not of the applicant's own registration.

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