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Unlike the Law of Trade Marks that specifically permits multi class registration, Designs Law discourages Multi Class Application. Section 5 (3) provides that a Design may be registered in not more than one class.


However we are of the opinion that this is only directory and not mandatory as the Section uses the word ‘may’ instead of the word ‘shall’. Therefore it might be possible to file separate application for each classes. If the Patent and Design Office refuses, then to overcome the prohibition an appeal to the High Court against the Order of the Controller in this regard could be filed.


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