I85PREP
⌘ K
TTIPAB Trade Marks Attorney study materials
TTIPAB Trade Marks Attorney study resources

TTIPAB Trade Marks Attorney practice questions

One question at a time. Build your TTIPAB Trade Marks Attorney understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Trade marks law and legal principles

Which treaty established the international registration system for trade marks administered by WIPO?

  1. The Madrid Agreement and its Protocol Correct answer.
  2. The Nice Agreement
  3. The TRIPS Agreement
  4. The Paris Convention

Explanation

The Madrid system, comprising the 1891 Agreement and the 1989 Protocol, allows applicants to seek protection in multiple jurisdictions through a single international application filed via their office of origin. The other treaties address priority rights, minimum standards, or classification rather than a central registration system.

Question 2Trade marks law and legal principles

Under the Nice Classification, what is the primary purpose of dividing goods and services into classes?

  1. To group similar goods and services for registration purposes Correct answer.
  2. To fix the amount of damages for infringement
  3. To decide which court has jurisdiction over a dispute
  4. To determine the length of the registration term

Explanation

The Nice Classification sorts goods and services into 45 classes so that applications and registrations can be organised and searched by category. It has no bearing on term length, remedies, or jurisdiction, which are governed by separate rules.

Question 3Trade marks law and legal principles

A mark consists exclusively of a sign that has become customary in the current language of the trade. On what basis is it most likely to be refused?

  1. It lacks distinctive character Correct answer.
  2. It conflicts with an earlier registration
  3. It is contrary to public order
  4. It deceives the public as to origin

Explanation

Signs that have become customary in everyday or trade language cannot distinguish one trader's goods from another's, so they are excluded for lack of distinctiveness. Deception, public order, and earlier rights are separate and independent grounds of refusal.

Question 4Trade marks law and legal principles

What does the principle of speciality mean in trade mark law?

  1. Protection applies only to famous brands
  2. Protection lasts for a special extended term
  3. Protection is tied to the goods or services specified Correct answer.
  4. Protection requires proof of actual use each year

Explanation

Speciality confines a registration's scope to the goods or services covered, so infringement generally requires similarity of those goods or services and the sign. It does not create special terms, limit protection to famous marks, or impose annual use proof.

Question 5Trade marks law and legal principles

Which right does the Paris Convention grant to an applicant who files a first application for a trade mark in a member country?

  1. A priority period of six months for later filings Correct answer.
  2. An automatic worldwide registration
  3. A perpetual monopoly in all member states
  4. A right to oppose third-party applications globally

Explanation

Article 4 of the Paris Convention gives trade mark applicants a six-month priority period, during which later applications in other member states are treated as filed on the original date. It does not create worldwide rights, perpetual monopolies, or global opposition rights.

Question 6Trade marks law and legal principles

An applicant submits a mark consisting solely of a shape that is necessary to obtain a technical result. How should the examiner treat it?

  1. Accept it if the applicant uses it widely
  2. Refuse it only if a competitor objects
  3. Refuse it as an absolute ground Correct answer.
  4. Accept it if the shape is new

Explanation

Shapes necessary to achieve a technical result are excluded from registration because granting a monopoly would improperly extend protection over functional features. Novelty, widespread use, or competitor objections do not cure this exclusion.

Question 7Trade marks law and legal principles

What is the essential function of a trade mark that courts most often protect against infringement?

  1. Guaranteeing that goods meet a quality standard
  2. Preventing all competition in a product market
  3. Guaranteeing the commercial origin of goods or services Correct answer.
  4. Recording the identity of the manufacturer with regulators

Explanation

The essential function is to identify the undertaking from which goods or services originate, allowing consumers to distinguish among traders. Quality, competition, and regulatory registration are distinct concerns not guaranteed by the mark itself.

Question 8Trade marks law and legal principles

A national register allows third parties to challenge a pending application before the mark is registered. What is this procedure called?

  1. Assignment
  2. Revocation
  3. Invalidation
  4. Opposition Correct answer.

Explanation

Opposition is a pre-registration procedure in which third parties object to a pending application within a set period. Revocation and invalidation operate against existing registrations, while assignment transfers ownership.

Question 9Trade marks law and legal principles

An applicant files for the word 'GOLDEN' for jewellery. Which relative ground is most directly engaged if an earlier identical registration covers jewellery?

  1. Likelihood of confusion with the earlier mark Correct answer.
  2. Breach of public morality
  3. Lack of distinctiveness of the word
  4. Deceptive geographical origin

Explanation

Where an earlier identical mark covers identical goods, there is a likelihood of confusion and the later application can be refused on relative grounds. Distinctiveness, deception, and morality are absolute grounds that operate independently of earlier rights.

Question 10Trade marks law and legal principles

What is the key difference between revocation for non-use and invalidation of a trade mark?

  1. Revocation requires bad faith; invalidation requires confusion
  2. Revocation applies only to collective marks; invalidation applies to all marks
  3. Revocation operates prospectively from the request; invalidation treats the mark as never having had effect Correct answer.
  4. Revocation is decided by the applicant; invalidation is decided by a court alone

Explanation

Revocation addresses a ground arising after registration, such as non-use, and generally removes the mark from the register from the date of the request. Invalidation addresses a defect present at registration and treats the mark as never having existed to that extent.

Question 11Trade marks law and legal principles

A trader uses a sign identical to a registered mark for identical goods but with a disclaimer that it is 'not the official brand'. Does infringement still arise?

  1. Yes, but only if actual sales were diverted
  2. No, because disclaimers are legally binding on consumers
  3. Yes, because identity of sign and goods makes confusion presumptive Correct answer.
  4. No, because the disclaimer removes all confusion

Explanation

Where the sign and the goods are identical, the law presumes a likelihood of confusion, and a disclaimer does not automatically negate that statutory presumption. Actual diversion of sales is not required to establish infringement in such cases.

Question 12Trade marks law and legal principles

What is the role of a trade mark licence registered against a mark?

  1. It extends the registration term automatically
  2. It prevents the licensor from using the mark
  3. It transfers ownership of the mark to the licensee
  4. It records that a licensee is authorised to use the mark Correct answer.

Explanation

A licence authorises another party to use the mark while ownership stays with the licensor; recording it gives notice to third parties. It does not transfer ownership, extend the term, or bar the licensor's own use.

Question 13Trade marks law and legal principles

Under the Madrid Protocol, what is the 'central attack' risk for an international registration?

  1. The holder must refile in every state after two years
  2. The international registration lapses automatically after ten years
  3. The international registration may be cancelled if the basic mark fails within five years Correct answer.
  4. A single designated state can veto all other designations

Explanation

For five years the international registration depends on the basic application or registration; if that basic mark is cancelled or invalidated, the international registration falls with it. This dependency is the central attack, and it does not affect term, allow vetoes, or require refiling.

Question 14Trade marks law and legal principles

Which condition must generally be satisfied before a registered mark can be revoked for non-use?

  1. Use of the mark only on the internet
  2. Failure to renew the registration on time
  3. A single day without use in the relevant market
  4. A continuous period of unused registration as prescribed by law Correct answer.

Explanation

Non-use revocation requires the mark to have remained unused for a continuous statutory period, commonly five years, without proper reason. A single day, a renewal failure, or online-only use does not by itself meet that threshold.

Question 15Trade marks law and legal principles

An applicant seeks to register 'PARIS' for clothing made in France. Which absolute ground is most relevant?

  1. Deceptive geographical indication Correct answer.
  2. Lack of distinctiveness
  3. Customary trade term
  4. Functional shape

Explanation

A mark naming a place may be refused if it would deceive the public about the geographical origin of the goods. Distinctiveness, functionality, and customary use are different absolute grounds that do not fit these facts.

Question 16Trade marks law and legal principles

What does the principle of territoriality mean for trade mark rights?

  1. Rights apply wherever the goods are advertised
  2. Rights are governed by the applicant's nationality alone
  3. Rights exist only in the jurisdiction that granted them Correct answer.
  4. Rights automatically extend to all treaty members

Explanation

Territoriality means a trade mark right is confined to the territory of the state or region that granted it, so use abroad generally does not infringe. Treaties facilitate filing but do not unify substantive rights, and nationality or advertising location does not determine scope.

Question 17Trade marks law and legal principles

A competitor uses a mark similar to a well-known registered mark on dissimilar goods, taking unfair advantage of its reputation. Which doctrine is engaged?

  1. The rule against restraint of trade
  2. Protection of unregistered descriptive terms
  3. The doctrine of functionality
  4. Protection for marks with a reputation Correct answer.

Explanation

Marks with a reputation can be protected against use on dissimilar goods where the use takes unfair advantage of, or is detrimental to, the mark's distinctive character or repute. Functionality, descriptive-term protection, and restraint-of-trade rules address different questions.

Question 18Trade marks law and legal principles

What is the effect of a successful invalidation on the legal position of the trade mark?

  1. The mark is converted into an unregistered mark
  2. The mark is cancelled only from the date of the decision
  3. The mark is transferred to the challenger
  4. The mark is treated as never having had legal effect Correct answer.

Explanation

Invalidation removes the registration with retrospective effect, as though the mark had never been validly registered. It is not merely prospective cancellation, and it does not convert the mark or transfer it to the challenger.

Question 19Trade marks law and legal principles

Which factor is central to assessing whether a mark has acquired distinctiveness through use?

  1. The extent to which use has taught consumers to associate the sign with one trader Correct answer.
  2. The nationality of the applicant
  3. The colour of the mark as filed
  4. The number of classes in the application

Explanation

Acquired distinctiveness depends on whether use has caused the relevant public to identify goods as coming from a particular undertaking. Class count, colour, and nationality do not determine that association.

Question 20Trade marks law and legal principles

What is the primary function of a trade mark search before filing?

  1. To identify earlier rights that could block registration Correct answer.
  2. To guarantee that registration will be granted
  3. To determine the damages recoverable for infringement
  4. To set the renewal date of the mark

Explanation

A clearance search reveals earlier identical or similar marks that might support an opposition or refusal. It cannot guarantee registration, and it has no effect on renewal dates or damages.

Question 21Trade marks law and legal principles

Under the TRIPS Agreement, what minimum term of protection must WTO members provide for an initial trade mark registration?

  1. Seven years, renewable indefinitely Correct answer.
  2. Twenty years, non-renewable
  3. Five years, renewable once
  4. Ten years, renewable indefinitely

Explanation

Article 18 of TRIPS requires an initial registration term of at least seven years, with renewals available indefinitely. Twenty years is the patent term, and the other options misstate the minimum or renewal rule.

Question 22Trade marks law and legal principles

A company uses another's registered mark in a comparative advertisement that is accurate and not misleading. How is this generally treated?

  1. It is always infringement regardless of accuracy
  2. It may be permitted as honest use where no confusion arises Correct answer.
  3. It automatically invalidates the registered mark
  4. It transfers the mark to the advertiser

Explanation

Accurate, non-misleading comparative use that does not create confusion may fall within honest-use or comparative-advertising exceptions. Infringement is not automatic, and such use neither invalidates nor transfers the mark.

Question 23Trade marks law and legal principles

An applicant applies to register a mark identical to an earlier mark for identical goods, but the earlier mark has not been used for six years and is vulnerable to revocation. What is the best procedural response for the applicant?

  1. File the same mark as an unregistered trade mark instead
  2. Request that the examiner ignore the earlier mark
  3. Wait for the earlier mark to expire through non-renewal
  4. Apply to revoke the earlier mark for non-use and rely on that in the opposition Correct answer.

Explanation

Where the earlier mark is vulnerable for non-use, the applicant can seek revocation so that it no longer constitutes a barrier, a defence commonly available in opposition proceedings. Expiry, unregistered filing, or asking the examiner to disregard the mark are not effective responses.

Question 24Trade marks law and legal principles

A shape mark consists of the appearance of packaging that gives substantial value to the goods. Which absolute ground applies?

  1. The shape is customary in the trade
  2. The shape gives substantial value to the goods Correct answer.
  3. The shape is deceptive as to quality
  4. The shape lacks a graphical representation

Explanation

Signs consisting exclusively of a shape that gives substantial value to the goods are excluded, because the mark would protect the product's appeal rather than its origin. Customary shape, deception, and representation requirements are separate grounds.

Question 25Trade marks law and legal principles

Two parties independently adopt confusingly similar marks in different regions of the same country. Which principle best explains how the conflict is resolved?

  1. Priority goes to the earlier filing or earlier acquired goodwill, depending on the system Correct answer.
  2. Both parties must share the mark equally by law
  3. The later user always prevails if it sells more
  4. Neither party can enforce the mark against the other

Explanation

In registered systems, the earlier filing date generally prevails, while in unregistered or mixed systems the earlier goodwill may prevail in a passing-off or prior-use action. Sales volume alone does not determine priority, and the law does not compel co-ownership or bar all enforcement.

Question 26Trade marks law and legal principles

Which body administers the international registration system for trade marks known as the Madrid System?

  1. The World Trade Organization
  2. The Paris Convention Assembly
  3. The European Union Intellectual Property Office
  4. The World Intellectual Property Organization Correct answer.

Explanation

The Madrid System is administered by the International Bureau of the World Intellectual Property Organization, which maintains the International Register and processes international applications and subsequent designations. The WTO administers TRIPS but does not run any registration system, and the EUIPO is a regional office rather than the international administrator.

Question 27Trade marks law and legal principles

What does the Nice Classification organise for trade mark purposes?

  1. Goods and services into classes for registration Correct answer.
  2. Marks into degrees of distinctiveness
  3. Opposition deadlines into procedural bands
  4. Member states into priority tiers

Explanation

The Nice Classification divides goods and services into classes so that applications can specify the scope of protection in a standardised way. It has no role in ranking countries, grading distinctiveness, or setting procedural time limits.

Question 28Trade marks law and legal principles

Which term describes the exclusive legal right of a registered proprietor to prevent others from using the mark in the course of trade?

  1. The goodwill attached to a business
  2. The copyright in a logo
  3. The design right in packaging
  4. The monopoly conferred by registration Correct answer.

Explanation

Registration confers a statutory exclusive right, often described as a limited monopoly, allowing the proprietor to prohibit unauthorised use in the course of trade. Goodwill is an asset protected by passing off, while copyright and design rights are separate intellectual property rights that may coexist but do not arise from trade mark registration.

Question 29Trade marks law and legal principles

An applicant wants to claim the filing date of an earlier foreign application for the same mark. Which mechanism achieves this?

  1. A priority claim under the Paris Convention Correct answer.
  2. A licence recorded against the application
  3. A declaration of honest concurrent use
  4. An assignment of the earlier application

Explanation

The Paris Convention allows an applicant to claim priority from an earlier application filed in another member state within the prescribed period, so the later filing is treated as having the earlier date for novelty purposes. Licences, assignments and concurrent use declarations affect ownership or registrability but do not shift the effective filing date.

Question 30Trade marks law and legal principles

What is the essential purpose of publishing a trade mark application in an official gazette?

  1. To transfer ownership of the mark to the public
  2. To allow third parties to oppose or inspect the application Correct answer.
  3. To set the renewal date of the registration
  4. To guarantee the mark will be registered

Explanation

Publication gives notice to the market so that interested parties can inspect the application and, where the law allows, file an opposition before registration. It does not transfer rights, guarantee registration, or determine renewal dates, which are calculated from the filing or registration date under the applicable rules.

Question 31Trade marks law and legal principles

Which of these marks is most likely to be refused as devoid of distinctive character?

  1. 'ADIDAS' for sportswear
  2. 'OREO' for biscuits
  3. 'KODAK' for cameras
  4. 'PREMIUM' for coffee Correct answer.

Explanation

A word that merely describes a desirable quality of the goods, such as 'premium' for coffee, is prima facie non-distinctive and likely to be refused. Invented or arbitrary words like the other examples do not describe the goods and normally possess inherent distinctiveness.

Question 32Trade marks law and legal principles

A registered proprietor discovers that a competitor is using an identical sign for identical goods. Which ground of infringement is most directly engaged?

  1. Use of the mark after expiry of the registration
  2. Use of an identical sign for identical goods Correct answer.
  3. Use of a dissimilar sign for unrelated services
  4. Use of the mark in private, non-commercial correspondence

Explanation

Where the sign and the mark are identical and the goods are identical, infringement is established without proof of likelihood of confusion because the risk is presumed. Private non-commercial use falls outside the course of trade, and use after expiry concerns a mark no longer protected.

Question 33Trade marks law and legal principles

What is the standard duration of an initial registered trade mark under the TRIPS Agreement?

  1. At least ten years Correct answer.
  2. At least twenty years
  3. At least seven years
  4. At least fifty years

Explanation

Article 18 of TRIPS requires an initial term of protection of no less than seven years, but in practice most systems provide ten years, renewable indefinitely. Twenty years is the typical patent term and fifty years resembles copyright terms in some jurisdictions.

Question 34Trade marks law and legal principles

Which of the following is an absolute ground for refusal of registration?

  1. The mark is the subject of an earlier priority claim
  2. The mark is confusingly similar to an earlier registered mark
  3. The mark consists exclusively of a generic name for the goods Correct answer.
  4. The mark conflicts with an earlier unregistered right

Explanation

Absolute grounds concern the mark itself and its inherent capacity to distinguish, such as descriptiveness, genericness, or lack of distinctiveness. Conflicts with earlier registered or unregistered rights are relative grounds that depend on third-party rights and are typically raised in opposition or invalidity proceedings.

Question 35Trade marks law and legal principles

A trader uses a competitor's registered mark in a way that takes unfair advantage of its distinctive character without causing confusion. Which doctrine is engaged?

  1. The rule against double patenting
  2. Protection against dilution and free-riding Correct answer.
  3. The doctrine of exhaustion of rights
  4. The principle of honest concurrent use

Explanation

Where a mark has a reputation, extended protection can prevent use that takes unfair advantage of, or is detrimental to, its distinctive character even absent confusion, often called dilution or free-riding. Exhaustion concerns goods placed on the market by the proprietor, and concurrent use relates to co-existence of similar marks.

Question 36Trade marks law and legal principles

What is the principal effect of a successful opposition to a trade mark application?

  1. The application is refused and does not proceed to registration Correct answer.
  2. The application is suspended indefinitely pending negotiation
  3. The mark is registered but limited to the opponent's goods
  4. The application is automatically assigned to the opponent

Explanation

A successful opposition results in refusal of the application, so the mark does not proceed to registration in the absence of a successful appeal. The opponent does not acquire the application by opposing it, and the office does not automatically convert the application into a coexistence arrangement.

Question 37Trade marks law and legal principles

A proprietor has not used its registered mark for five years and has no proper reason. What is the most likely consequence if a third party applies for revocation?

  1. The registration is automatically invalid from the filing date
  2. The registration is converted into a pending application
  3. The registration is transferred to the applicant for revocation
  4. The registration may be revoked for the affected goods and services Correct answer.

Explanation

Revocation for non-use removes the registration, typically with effect from the date of the revocation application, and only for the goods and services affected by the lack of use. It differs from invalidation, which addresses defects existing at the time of registration and can operate retroactively.

Question 38Trade marks law and legal principles

Which principle allows a later mark to be registered despite similarity to an earlier mark where the parties have coexisted without confusion for many years?

  1. Prior user priority
  2. Honest concurrent use Correct answer.
  3. Compulsory licensing
  4. Exhaustion of rights

Explanation

Honest concurrent use recognises that long, honest coexistence in the market without actual confusion may justify registration notwithstanding an earlier similar mark. Prior user priority concerns who filed or used first, exhaustion concerns resale of genuine goods, and compulsory licensing is not a feature of ordinary trade mark registration.

Question 39Trade marks law and legal principles

What does the requirement that a mark be 'capable of distinguishing' address?

  1. The mark's availability as a domain name
  2. The mark's compliance with advertising standards
  3. The mark's visual attractiveness to consumers
  4. The mark's inherent or acquired ability to identify commercial origin Correct answer.

Explanation

Capability of distinguishing concerns whether the sign can function as a badge of origin, either inherently or through acquired distinctiveness from use. Aesthetic appeal, advertising regulation and domain availability are separate matters that do not determine registrability.

Question 40Trade marks law and legal principles

Which of the following uses of a registered mark would generally be permitted as a defence?

  1. Use of the mark on counterfeit goods
  2. Use of a party's own name in accordance with honest practices Correct answer.
  3. Use of the mark to suggest endorsement where none exists
  4. Use of the mark on unrelated luxury goods to trade on its image

Explanation

Many systems provide a defence for honest use of one's own name or address, provided the use is in accordance with honest practices in commercial matters. Counterfeiting, false endorsement and image transfer are precisely the kinds of conduct infringement law targets.

Question 41Trade marks law and legal principles

A company registers a mark but never uses it, while a competitor builds substantial goodwill under a similar unregistered sign. What risk does the registered proprietor face?

  1. Automatic loss of the mark to the competitor on filing
  2. Criminal liability for registering without intent to use
  3. Forfeiture of the mark to the national office
  4. Vulnerability to revocation for non-use and to passing off claims Correct answer.

Explanation

An unused registration is exposed to revocation after the statutory grace period, and the proprietor may also face a passing off claim if the competitor has built goodwill and confusion arises. Registration without immediate use is not itself criminal, and rights are not automatically forfeited to a competitor or the office.

Question 42Trade marks law and legal principles

What is the function of a trade mark opposition procedure?

  1. To allow third parties to challenge registrability before the mark is registered Correct answer.
  2. To determine criminal penalties for counterfeiting
  3. To set the royalty rate for licences
  4. To allow the applicant to amend the mark after registration

Explanation

Opposition provides a pre-registration administrative forum in which third parties may object to the application on specified grounds. It does not deal with post-registration amendment, licence royalties or criminal sanctions, which are handled by other procedures and courts.

Question 43Trade marks law and legal principles

A proprietor licenses its mark to a manufacturer without controlling the quality of the goods. What is the main legal risk?

  1. The licence automatically becomes a perpetual transfer of ownership
  2. The licensee acquires the right to oppose future applications
  3. The licence may be treated as a disguised assignment or the mark may lose its distinctive function Correct answer.
  4. The mark is automatically invalidated in all countries

Explanation

Trade marks indicate a consistent source, so uncontrolled licensing can undermine that function and, in some systems, be treated as an assignment or expose the mark to attack. A licence is not automatically a transfer, invalidation is not automatic, and licensees do not thereby gain opposition rights beyond those the law gives them.

Question 44Trade marks law and legal principles

Which of the following best describes the 'own name' defence to infringement?

  1. Use of a pseudonym chosen to resemble the registered mark
  2. Honest use by a natural person of their own name Correct answer.
  3. Use of a company name to suggest a connection with the proprietor
  4. Use of a name that is confusingly similar to the registered mark

Explanation

The defence typically permits a person to use their own name honestly in the course of trade, but it does not extend to misleading use or to names adopted specifically to trade on another's mark. Deliberately similar names or suggestions of connection fall outside honest practice.

Question 45Trade marks law and legal principles

What is the primary purpose of a trade mark register?

  1. To record the tax liabilities of brand owners
  2. To provide public notice of registered rights and their scope Correct answer.
  3. To prevent all competition in a product category
  4. To guarantee product quality to consumers

Explanation

A register is a public record that gives notice of the existence, ownership and scope of registered rights so that third parties can order their affairs accordingly. It does not certify quality, suppress competition generally, or serve tax administration purposes.

Question 46Trade marks law and legal principles

An applicant seeks to register a sign that is descriptive in one language but meaningless in the language of the relevant market. How is distinctiveness generally assessed?

  1. By reference to the number of letters in the sign
  2. By reference to the applicant's intention at filing
  3. By reference to the perception of the relevant public in the territory Correct answer.
  4. By reference to the language of the applicant's home country

Explanation

Distinctiveness is judged from the perspective of the relevant consumers in the territory concerned, so a meaning understood by those consumers may render the sign descriptive even if it is foreign to others. The applicant's home language, letter count and subjective intention are not the governing criteria.

Question 47Trade marks law and legal principles

A defendant argues that its use of another's mark is purely descriptive of its own goods. What must generally be shown for this defence to succeed?

  1. The defendant's goods are cheaper than the proprietor's
  2. The use is necessary to describe characteristics and is in accordance with honest practices Correct answer.
  3. The defendant has used the sign for more than ten years
  4. The defendant has filed its own application for the same sign

Explanation

Descriptive use defences protect indications concerning kind, quality, quantity, intended purpose and similar characteristics, but only where the use is honest and does not go beyond what is necessary to describe the goods. Filing an application, pricing differences or long use do not by themselves establish the defence.

Question 48Trade marks law and legal principles

How does the concept of 'bad faith' operate as an absolute ground in trade mark law?

  1. Bad faith is a relative ground requiring an earlier registered mark
  2. An application filed to block or extract value from another may be refused as made in bad faith Correct answer.
  3. Any application by a large company is presumed to be in bad faith
  4. Bad faith applies only after registration and never at filing

Explanation

Bad faith targets dishonest intent at the time of filing, such as applications made to obstruct competitors or to appropriate a mark the applicant knows belongs to another. It is assessed objectively from the circumstances, is not tied to the size of the applicant, and does not require an earlier registered right.

Question 49Trade marks law and legal principles

A proprietor's mark has a reputation in one member state, and a third party uses a similar sign in another member state for dissimilar goods. What additional factor is most important for extended protection?

  1. Whether the use takes unfair advantage of or is detrimental to the reputed mark Correct answer.
  2. Whether the proprietor has registered in every member state
  3. Whether the third party's goods are more expensive
  4. Whether the third party advertises online

Explanation

Extended protection for reputed marks requires a link between the signs and a risk of unfair advantage, dilution or tarnishment, even without confusion. Price differences, the extent of the proprietor's portfolio and the medium of advertising are not the decisive criteria, though they may inform the analysis.

Question 50Trade marks law and legal principles

Which statement best explains why a mark consisting solely of a shape that gives substantial value to the goods is excluded from registration?

  1. Consumers cannot recognise shapes as trade marks
  2. The exclusion applies only to three-dimensional word marks
  3. Registration would unduly restrict competitors from using an attractive product form Correct answer.
  4. The shape is automatically protected by patent law

Explanation

The exclusion prevents trade mark law from being used to monopolise product features whose value lies in their aesthetic appeal, which would unfairly restrict competition. It is not because shapes can never be distinctive, nor because patent law necessarily protects the shape, and the exclusion is not limited to word marks.