I85PREP
⌘ K
IPOI Trade Mark Agent study materials
IPOI Trade Mark Agent study resources

IPOI Trade Mark Agent practice questions

One question at a time. Build your IPOI Trade Mark Agent 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 Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

Under the Trade Marks Act, 1996, which category of marks is absolutely prohibited from registration because it is incapable of distinguishing goods or services?

  1. Marks containing a geographical name
  2. Marks devoid of any distinctive character Correct answer.
  3. Marks containing a surname
  4. Marks consisting of a foreign word

Explanation

Section 9(1)(a) refuses registration to marks that are devoid of any distinctive character, because such marks cannot function as a badge of origin. Surnames, geographical names and foreign words are only refused where they fall within a specific objection and are not categorically barred.

Question 2Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

An applicant files Form TM-A for a word mark in Class 25. Which statement correctly describes the effect of registration under the Trade Marks Act, 1996?

  1. It prevents any third party from using the same word in unrelated trade
  2. It automatically extends protection to all Convention countries
  3. It grants the proprietor the exclusive right to use the mark in relation to the goods covered Correct answer.
  4. It grants a monopoly over the word in all classes of goods and services

Explanation

Section 28 confers on the registered proprietor the exclusive right to use the trade mark in relation to the goods or services in respect of which it is registered. The right is class-specific and does not extend to unrelated goods or to foreign jurisdictions automatically.

Question 3Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

What is the statutory period of validity of a trade mark registration in India, and when does it run from?

  1. Seven years from the date of application
  2. Ten years from the date of application, renewable indefinitely Correct answer.
  3. Ten years from the date of registration, renewable indefinitely
  4. Twenty years from the date of registration

Explanation

Section 25 provides that a trade mark is registered for ten years from the date of the application, not the date of registration. The registration may be renewed indefinitely for further periods of ten years on payment of the renewal fee.

Question 4Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

Which form is prescribed under the Trade Mark Rules, 1996 for making an application for registration of a trade mark?

  1. Form TM-48
  2. Form TM-1
  3. Form TM-16
  4. Form TM-A Correct answer.

Explanation

The Trade Mark Rules prescribe Form TM-A as the consolidated application form for registration of a trade mark. It replaced the earlier separate forms and covers applications across classes.

Question 5Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A registered trade mark has not been used by the proprietor for a continuous period. Under which provision may a third party seek its removal from the register?

  1. Section 47, on the ground of non-use for five years and three months from registration Correct answer.
  2. Section 9, on the ground of descriptiveness
  3. Section 35, on the ground of acquiescence
  4. Section 11, on the ground of similarity to an earlier mark

Explanation

Section 47 permits removal of a registered mark where it has not been used for a continuous period of five years and three months from the date of registration and there was no bona fide intention to use it. The remedy is removal for non-use.

Question 6Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

Which of the following is a relative ground on which registration of a trade mark may be refused under the Trade Marks Act, 1996?

  1. The mark is identical to an earlier trade mark and there exists a likelihood of confusion Correct answer.
  2. The mark is contrary to public order
  3. The mark is devoid of distinctive character
  4. The mark consists exclusively of a generic term

Explanation

Section 11 sets out relative grounds, including identity or similarity with an earlier trade mark giving rise to a likelihood of confusion. The other options are absolute grounds under Section 9.

Question 7Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

Which document must accompany an application claiming priority based on an earlier foreign application under the Paris Convention?

  1. A certified copy of the earlier application Correct answer.
  2. A power of attorney from the foreign applicant
  3. A statutory declaration of use
  4. A search report from the foreign office

Explanation

To claim convention priority, the applicant must file a certified copy of the earlier application within the prescribed period. This verifies the date and content of the priority application.

Question 8Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

Which of the following best describes the purpose of publishing an application in the Trade Marks Journal?

  1. To grant the applicant an immediate right to sue for infringement
  2. To complete the registration formalities
  3. To invite opposition from interested persons Correct answer.
  4. To transfer ownership to the Registrar

Explanation

Publication in the Trade Marks Journal opens the opposition window, allowing any person to oppose registration within the prescribed period. It does not itself confer the registered proprietor's rights, which arise on registration.

Question 9Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

An applicant's mark is refused registration by the Registrar. Within what period may the applicant apply for review of that decision?

  1. One month from the date of the decision Correct answer.
  2. Three months from the date of the decision
  3. Six months from the date of the decision
  4. Two months from the date of the decision

Explanation

Under the Trade Marks Act and Rules, an applicant may apply for review of a refusal within one month of the decision. The period is short and strict, so diaries must be set immediately.

Question 10Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A third party wishes to oppose a published application. Which statement correctly describes the opposition procedure under the Trade Marks Act, 1996?

  1. The Registrar decides the opposition without any evidence stage
  2. The opponent files evidence first, and no counter-statement is required
  3. A notice of opposition is filed, followed by a counter-statement, and evidence is led by both sides Correct answer.
  4. The applicant files a counter-statement, and the opponent's evidence is optional

Explanation

Opposition proceedings begin with a notice of opposition, to which the applicant files a counter-statement. The parties then lead evidence in support, evidence in reply, and the matter proceeds to hearing.

Question 11Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

What is the consequence of failing to file a counter-statement to a notice of opposition within the prescribed time?

  1. The opposition is automatically dismissed
  2. The application proceeds with a warning
  3. The Registrar refers the matter to a court
  4. The application is deemed to have been abandoned Correct answer.

Explanation

Where the applicant fails to file a counter-statement within the prescribed period, the application is deemed to have been abandoned. This is a harsh consequence, so deadlines in opposition proceedings must be strictly monitored.

Question 12Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

Which provision of the Trade Marks Act, 1996 deals with the concept of 'well-known trade marks'?

  1. Section 9(2)
  2. Section 39
  3. Section 27
  4. Section 11(6) Correct answer.

Explanation

Section 11(6) directs the Registrar to protect well-known trade marks and sets out the factors for determining whether a mark is well known. It is part of the relative grounds framework.

Question 13Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

An applicant applies to register a collective mark. Which statement correctly identifies a feature of a collective mark under the Trade Marks Act, 1996?

  1. It cannot be registered without prior use
  2. It is limited to services and not goods
  3. It distinguishes goods or services of members of an association from those of others Correct answer.
  4. It is owned by a single trader for individual use only

Explanation

A collective mark is a mark distinguishing the goods or services of members of an association from those of other undertakings. It is governed by a regulation governing use and is not confined to services.

Question 14Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

Which of the following is a function of a certification trade mark?

  1. To indicate the geographical source of goods only
  2. To indicate membership of an association
  3. To indicate the commercial origin of goods
  4. To indicate that goods or services meet a defined standard Correct answer.

Explanation

A certification trade mark indicates that goods or services have been certified as to origin, material, mode of manufacture, quality or other characteristics. It does not indicate commercial origin or association membership.

Question 15Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A registered proprietor wishes to assign a trade mark without the goodwill of the business. What is the position under the Trade Marks Act, 1996?

  1. An assignment without goodwill is permitted only for services
  2. An assignment without goodwill is permitted only with the Registrar's prior permission
  3. An assignment without goodwill is permitted, subject to advertisement and prescribed conditions Correct answer.
  4. An assignment without goodwill is void

Explanation

The Act permits assignment of a trade mark with or without the goodwill of the business, but an assignment without goodwill must be advertised as prescribed and is subject to conditions to protect the public.

Question 16Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

What is the effect of a registered trade mark being used by an unregistered licensee without recordal of the licence?

  1. The licence automatically becomes a registered assignment
  2. The licence may not be effective against third parties unless recorded Correct answer.
  3. The licensee acquires ownership of the mark
  4. The licensor loses all rights in the mark

Explanation

The Act requires licensing arrangements to be recorded so they are effective against third parties. An unrecorded licence does not bind third parties and is not treated as an assignment.

Question 17Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

Which of the following is a valid ground for rectification of the register under the Trade Marks Act, 1996?

  1. The proprietor has changed its business address
  2. An entry made without sufficient cause or wrongly remaining on the register Correct answer.
  3. The mark is registered in more than one class
  4. The proprietor has not advertised the mark

Explanation

Section 57 permits rectification where an entry was made without sufficient cause or wrongly remains on the register. Changes in address, lack of advertisement or multiple class registrations are not grounds for rectification.

Question 18Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A person is aggrieved by the registration of a trade mark and wishes to challenge it. Which forum has jurisdiction to entertain a rectification application?

  1. Only the District Court
  2. The Registrar or the High Court, depending on the nature of the relief sought Correct answer.
  3. Only the High Court
  4. Only the Registrar

Explanation

Rectification proceedings may be brought before the Registrar or the High Court, depending on the relief and the statutory scheme. The District Court does not have jurisdiction for rectification under the Act.

Question 19Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

Which statement correctly describes the requirement of bona fide intention to use under the Trade Marks Act, 1996?

  1. An applicant must prove use within one year of filing
  2. An applicant must have a bona fide intention to use the mark, and registration may be challenged for lack of it Correct answer.
  3. An applicant must prove actual use before filing
  4. An applicant need not have any intention to use the mark

Explanation

The Act requires a bona fide intention to use the mark as at the date of application, and a registration obtained without such intention may be removed. Actual use before filing is not required.

Question 20Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

Which of the following is a recognised limitation on the rights of a registered proprietor under the Trade Marks Act, 1996?

  1. Use of the mark by others in accordance with honest practices in industrial or commercial matters Correct answer.
  2. Use of the mark by others in any manner whatsoever
  3. Use of the mark by others after expiry of the registration
  4. Use of the mark by others to indicate origin of unrelated goods

Explanation

The Act preserves the right of third parties to use a mark in accordance with honest practices, for example where it is used to indicate the purpose of goods. This is a limitation on the proprietor's exclusive right.

Question 21Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

An applicant files an application for a mark that is descriptive of the goods. Which course of action is most consistent with the Trade Marks Act, 1996?

  1. The applicant may rely on acquired distinctiveness through prior use to overcome the objection Correct answer.
  2. The applicant must abandon the application
  3. The applicant must register the mark as a certification mark
  4. The applicant must amend the goods to unrelated items

Explanation

Section 9(1) proviso allows a mark that is otherwise descriptive to be registered if it has acquired a distinctive character through use before the date of application. Abandonment, amendment to unrelated goods or conversion to a certification mark are not the natural remedies.

Question 22Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A proprietor's mark is similar to an earlier well-known mark but is registered for dissimilar goods. Which principle is most relevant to determining whether registration should be refused?

  1. Whether the applicant has used the mark for five years
  2. Whether the earlier mark is registered in the same class
  3. Whether the earlier mark is a collective mark
  4. Whether use of the mark would take unfair advantage of, or be detrimental to, the distinctive character of the earlier mark Correct answer.

Explanation

Section 11(2) protects well-known marks against use for dissimilar goods where the use would take unfair advantage of, or be detrimental to, the distinctive character or repute of the earlier mark. Class identity is not the decisive test in this situation.

Question 23Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

Two parties claim the same trade mark. The first applicant has filed but not yet registered, and the second has used the mark for several years. Which factor is most significant in resolving the conflict under the Trade Marks Act, 1996?

  1. The nationality of the applicants
  2. The size of the applicant's business
  3. The priority of the application and any earlier rights, including use, that may give rise to a relative ground Correct answer.
  4. The number of classes applied for

Explanation

Priority of filing, together with earlier rights such as prior use giving rise to a relative ground, determines entitlement in a conflict over the same mark. Business size, number of classes and nationality are not the governing factors.

Question 24Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A registered trade mark is challenged on the ground that it was registered in breach of a relative ground. Which statement best describes the effect of acquiescence by the earlier mark's proprietor?

  1. Acquiescence for a continuous period of five years may bar the proprietor from seeking a declaration of invalidity Correct answer.
  2. Acquiescence has no effect on the validity of the registration
  3. Acquiescence automatically transfers ownership to the later proprietor
  4. Acquiescence requires the consent of the Registrar

Explanation

Section 35 provides that where the proprietor of an earlier mark has acquiesced in the use of a later registered mark for a continuous period of five years, the proprietor is barred from applying for a declaration of invalidity, subject to the statutory exceptions.

Question 25Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

An applicant seeks registration of a shape mark consisting exclusively of the shape which results from the nature of the goods. Which statement correctly reflects the Trade Marks Act, 1996?

  1. The mark is registrable if it has acquired distinctiveness
  2. The mark is registrable only as a collective mark
  3. The mark is absolutely excluded from registration Correct answer.
  4. The mark is registrable only for services

Explanation

Section 9(1)(b) absolutely excludes shapes that result from the nature of the goods, that are necessary to obtain a technical result, or that give substantial value to the goods. Acquired distinctiveness cannot cure this exclusion.

Question 26Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

Under the Trade Marks Act, 1996, which category of trade mark may be registered by a person who does not carry on business in the relevant goods or services but instead licenses the mark to others for use under the proprietor's control?

  1. Defensive trade mark
  2. Series mark
  3. Certification trade mark Correct answer.
  4. Collective mark

Explanation

A certification trade mark is registered by a proprietor who certifies that goods or services meet defined standards, and the proprietor does not itself trade in those goods or services but licenses authorised users to apply the mark. The proprietor controls and regulates use of the mark rather than exploiting it in its own business. A collective mark, by contrast, is for members of an association.

Question 27Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

An applicant wishes to register a trade mark consisting of a distinctive three-dimensional shape. Under the Trade Marks Act, 1996, which statement correctly reflects the treatment of shape marks?

  1. Shape marks are excluded from registration in all circumstances
  2. Shape marks are registrable only for goods and never for services
  3. Shape marks are registrable if they are capable of distinguishing the applicant's goods and do not consist exclusively of functional or generic shapes Correct answer.
  4. Shape marks are registrable only if they are accompanied by a word element

Explanation

The Act permits registration of any sign capable of being represented graphically and capable of distinguishing goods or services, which includes shapes. However, a shape is refused if it consists exclusively of the shape resulting from the nature of the goods, a shape necessary to obtain a technical result, or a shape giving substantial value to the goods.

Question 28Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A registered proprietor has not used its trade mark for a continuous period exceeding five years from the date of registration. Which remedy is available to a person aggrieved under the Trade Marks Act, 1996?

  1. Application for rectification of the register on the ground of non-use Correct answer.
  2. Application to the Registrar for automatic cancellation without notice
  3. Application to convert the registration into a collective mark
  4. Application for an injunction restraining the proprietor from using the mark

Explanation

Where a registered trade mark has not been used for a continuous period of five years or more, a person aggrieved may apply for rectification of the register, and the mark may be removed for non-use. The remedy lies in rectification proceedings, not in automatic cancellation or conversion.

Question 29Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

An applicant files a trade mark application on 1 March and later files a second application for a different mark for related goods. Which statement correctly describes the effect of the first filing date under the Trade Marks Act, 1996?

  1. The first filing date has no effect on any later application
  2. The first filing date secures priority only if the second application is for identical goods and the identical mark
  3. The first filing date gives the applicant priority only if the second application is filed within six months and claims priority Correct answer.
  4. The first filing date automatically secures priority for all later applications by the same applicant

Explanation

Priority based on an earlier application arises only where the later application is filed within the prescribed convention period, generally six months, and expressly claims priority. Without a timely claim, the later application takes its own filing date.

Question 30Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

During examination, the Registrar finds that an applied-for word is a common surname with no other distinctive feature and is sought for clothing. Which objection is most likely to be raised?

  1. The mark is contrary to public policy
  2. The mark is devoid of distinctive character and consists exclusively of a sign customary in the trade Correct answer.
  3. The mark is a well-known trade mark belonging to another
  4. The mark is a certification mark used without authorisation

Explanation

A surname that is common in the relevant market and lacks any additional distinctive element is treated as non-distinctive and as a sign customary in the trade, attracting an absolute ground of refusal. The objection is based on lack of distinctiveness, not on public policy or third-party rights.

Question 31Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

An applicant receives a report from the Registrar raising objections and requiring a response. Which step is most consistent with the Trade Marks Rules, 1996?

  1. File a written reply addressing each objection within the period specified, failing which the application may be treated as abandoned Correct answer.
  2. File a notice of opposition against the Registrar's report
  3. Request the Registrar to register the mark subject to the objections being recorded on the register
  4. File a fresh application and abandon the pending one without any reply

Explanation

The applicant must respond to the examination report within the time allowed, usually by a written reply or by amending the application. If no response is filed, the application is liable to be treated as abandoned.

Question 32Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A registered trade mark is used by a third party in relation to goods for which the mark is not registered, but the use takes unfair advantage of the distinctive character of the earlier mark. Which condition must the proprietor establish to succeed in infringement proceedings?

  1. That the mark is well known in India and the use is without due cause and takes unfair advantage of or is detrimental to the distinctive character or repute of the mark Correct answer.
  2. That the mark has been used continuously for at least ten years
  3. That the third party's goods are identical to the registered goods
  4. That the third party has applied for registration of its own mark

Explanation

For dissimilar goods, the proprietor of a well-known mark may restrain use that, without due cause, takes unfair advantage of or is detrimental to the distinctive character or repute of the mark. The protection is not limited to identical or similar goods.

Question 33Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

Which document is required to be filed to support a claim that a trade mark has acquired distinctiveness through use before the date of application?

  1. A certified copy of the applicant's income tax return
  2. A copy of the applicant's certificate of incorporation only
  3. A statutory declaration or affidavit with supporting evidence of use Correct answer.
  4. A no-objection certificate from the Registrar of Companies

Explanation

Acquired distinctiveness is proved by evidence of use, typically in the form of an affidavit or statutory declaration exhibiting sales figures, invoices, advertisements and other material. Incorporation or tax documents alone do not establish use of the mark.

Question 34Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A registered trade mark has been assigned along with the goodwill of the business concerned. Which statement correctly describes the procedural requirement under the Trade Marks Act, 1996?

  1. The assignment takes effect only after publication in the Trade Marks Journal
  2. The assignment is void unless the assignee also acquires the registered proprietor's other marks
  3. The assignment must be recorded by filing an application for registration of the assignment with the Registrar Correct answer.
  4. The assignment requires the approval of the Registrar before it is valid

Explanation

Assignments may be made with or without goodwill, but the assignee should apply to the Registrar to record the assignment so that the register reflects the change in proprietorship. Recordal affects the ability to enforce and to deal with the mark, though the assignment itself operates between the parties.

Question 35Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A proprietor of an earlier registered trade mark learns that a later application has been published and wishes to challenge it. Which statement correctly describes the ground available at the opposition stage?

  1. The opponent may rely on the earlier registration as a relative ground under the Act Correct answer.
  2. The opponent may rely only on absolute grounds, since relative grounds are decided solely at examination
  3. The opponent may oppose only if the later mark is identical to the earlier mark
  4. The opponent must first obtain a declaration of invalidity before opposing

Explanation

Opposition may be founded on relative grounds, including an earlier registered trade mark that is identical or similar and covers identical or similar goods or services. The opponent is not restricted to absolute grounds or to cases of identical marks.

Question 36Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

An applicant's mark is identical to an earlier registered mark for identical goods, and the applicant has no consent from the earlier proprietor. Which relative ground is directly engaged?

  1. The mark is excluded because it is identical to an earlier trade mark for identical goods and there is a likelihood of confusion Correct answer.
  2. The mark is excluded because it is incapable of graphical representation
  3. The mark is excluded because it contains a geographical name
  4. The mark is excluded because it was not used before filing

Explanation

Where the marks and the goods or services are identical, the likelihood of confusion is presumed and the relative ground applies unless the earlier proprietor consents. The objection is based on the earlier right, not on representation or use.

Question 37Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A trade mark application is filed by two individuals as joint proprietors. Which statement correctly describes the position under the Trade Marks Act, 1996?

  1. Joint proprietors must each file a separate application
  2. Joint proprietors may be registered, and each is entitled to use the mark only with the consent of the other unless otherwise agreed Correct answer.
  3. Joint proprietorship is not permitted for trade marks
  4. Joint proprietors must appoint the Registrar as trustee of the mark

Explanation

The Act permits registration of two or more persons as joint proprietors of a trade mark. In the absence of an agreement to the contrary, each joint proprietor may not use the mark independently without the consent of the others.

Question 38Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A registered trade mark consists of a word that has become the common name for the goods in the market. Which remedy is available under the Trade Marks Act, 1996?

  1. Conversion of the mark into a series mark
  2. Automatic lapse of the registration without any proceeding
  3. Rectification of the register on the ground that the mark has become generic Correct answer.
  4. Renewal of the mark for a further ten years without scrutiny

Explanation

If a registered mark has become the common name for the goods or services for which it is registered, a person aggrieved may apply for rectification and the mark may be removed. The ground arises from loss of distinctiveness after registration.

Question 39Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

An applicant claims that its mark has acquired a secondary meaning through use. The Registrar is not satisfied with the evidence. Which course of action is most appropriate for the applicant?

  1. File additional evidence by way of a supplementary affidavit and request a hearing Correct answer.
  2. File a notice of opposition against the Registrar's decision
  3. Withdraw the application and refile it with the same evidence
  4. Request the Registrar to decide the case without considering the evidence

Explanation

Where the evidence of acquired distinctiveness is found insufficient, the applicant may strengthen its case with further evidence and seek a hearing before a final decision. Refiling with identical evidence would not improve the position.

Question 40Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A proprietor wishes to license its registered trade mark to a manufacturer. Which statement correctly describes the position regarding recordal of the licence under the Trade Marks Act, 1996?

  1. A licence must be recorded to be effective against third parties, and the licensee may use the mark only if the proprietor controls the use Correct answer.
  2. A licence cannot be granted for part of the goods for which the mark is registered
  3. A licence is void unless it is registered within thirty days of execution
  4. A licensee automatically becomes a joint proprietor on recordal

Explanation

Licensing is permitted, and recordal of the licence is necessary for it to be effective against third parties and for the licensee to be treated as a registered user. The proprietor must exercise control over the licensee's use to preserve the mark's distinctiveness.

Question 41Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

An applicant seeks registration of a mark that is similar to an earlier mark but for goods of a different description, and the earlier mark is well known. Which factor is most important in determining whether registration should be refused?

  1. Whether use of the later mark would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier well-known mark Correct answer.
  2. Whether the later applicant has filed the application in good faith
  3. Whether the later mark contains a device element
  4. Whether the earlier mark has been registered for more than ten years

Explanation

Well-known marks receive protection beyond the goods or services for which they are registered where use of the later mark, without due cause, would take unfair advantage of or be detrimental to their distinctive character or repute. Good faith and the age of the registration are not the operative test.

Question 42Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A person applies to register a trade mark that consists exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade. Which statement correctly describes the treatment of such a mark?

  1. It is registrable only as a collective mark
  2. It is registrable if it is used for at least one year
  3. It is automatically registrable because customary signs are freely available
  4. It is liable to be refused as devoid of distinctive character unless it has acquired distinctiveness through use Correct answer.

Explanation

Signs customary in the current language or in established trade practices are excluded from registration because they cannot distinguish the applicant's goods. The exclusion can be overcome only by evidence that the mark has acquired a distinctive character through use.

Question 43Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A registered proprietor discovers that an identical mark has been registered for the same goods by another person. Which forum has jurisdiction to rectify the register under the Trade Marks Act, 1996?

  1. Only the District Court
  2. Only the Supreme Court
  3. The Competition Commission of India
  4. The Registrar or the High Court, depending on the nature of the proceedings Correct answer.

Explanation

Rectification of the register may be sought before the Registrar or before the High Court, depending on the forum chosen by the applicant and the nature of the relief sought. The Act confers jurisdiction on these authorities, not on the Supreme Court at first instance or on the competition regulator.

Question 44Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

An applicant files an application for a mark containing the word 'premium' together with a distinctive device. The Registrar objects that the word is laudatory. Which response is most likely to succeed?

  1. Argue that the mark as a whole is distinctive because of the device element and disclaim the exclusive right to the word 'premium' Correct answer.
  2. Argue that the mark should be registered because the applicant is a large company
  3. Argue that the objection is invalid because the mark is used on the internet
  4. Argue that laudatory words are always registrable if they are in English

Explanation

A composite mark is assessed as a whole, and a distinctive device element may give the mark overall distinctiveness even if a word element is laudatory. A disclaimer of the exclusive right to the descriptive or laudatory word is a common way to address the objection.

Question 45Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A trade mark is registered subject to a condition that it be used only in a particular colour. Which statement correctly describes the effect of such a condition?

  1. The condition limits the rights of the proprietor, and use in a different colour may fall outside the protection Correct answer.
  2. The condition has no legal effect and is merely advisory
  3. The condition automatically converts the mark into a series mark
  4. The condition prevents the proprietor from renewing the registration

Explanation

The Registrar may register a mark subject to conditions or limitations, and these define the scope of the rights conferred. Use outside the condition may not be protected as use of the registered mark.

Question 46Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

An applicant files a trade mark application for services, and the specification is worded in broad class headings. Which practice is most consistent with the Trade Marks Rules, 1996?

  1. The Registrar will accept the class heading as covering all services in the class without further specification
  2. The applicant should specify the particular services within the class to ensure clarity and proper scope of protection Correct answer.
  3. The applicant must limit the application to goods only
  4. The applicant must file a separate application for each service

Explanation

Specifications should identify the particular goods or services with clarity, and broad class headings may be objected to as unclear or as claiming too widely. A precise specification helps define the scope of the monopoly and avoids uncertainty.

Question 47Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A registered trade mark is the subject of an application for rectification on the ground that it was registered without the proprietor's bona fide intention to use it. Which statement correctly describes the relevant date for assessing intention?

  1. The date of the first renewal
  2. The date of publication in the Trade Marks Journal
  3. The date of the rectification application
  4. The date of the application for registration Correct answer.

Explanation

The requirement of bona fide intention to use is assessed as at the date of the application for registration. Subsequent events do not cure a lack of intention at that time, although evidence of later use may be relevant to the overall picture.

Question 48Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

Two competing applications are filed for confusingly similar marks for identical goods. The first application is pending, and the second applicant has used its mark extensively. Which approach best reflects the scheme of the Trade Marks Act, 1996?

  1. The Registrar will determine priority on the basis of the filing date, subject to the other provisions of the Act, and may allow the applications to proceed subject to opposition Correct answer.
  2. The Registrar will decide the dispute by conducting a market survey
  3. Both applications must be refused without any further consideration
  4. The second applicant automatically prevails because of its use

Explanation

The Act gives priority to the earlier application, subject to the relative grounds and opposition procedure. Extensive use by a later applicant may be relevant to distinctiveness and to honest concurrent use, but it does not automatically displace the earlier filing date.

Question 49Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

A proprietor's mark is removed from the register for non-use. Which statement correctly describes the position regarding the same mark if the proprietor later seeks to re-register it?

  1. The proprietor may apply afresh, but the earlier removal does not bar the new application and the new filing date governs Correct answer.
  2. The proprietor must obtain the consent of the person who applied for removal
  3. The proprietor automatically regains the original registration date
  4. The proprietor is permanently barred from registering the same mark

Explanation

Removal for non-use ends the registration but does not create a permanent bar on a fresh application. A new application is examined on its own merits and takes the new filing date, so the proprietor loses the benefit of the original priority.

Question 50Trade Mark law and practice (Trade Marks Act, 1996 and Trade Mark Rules, 1996)

An applicant seeks registration of a mark that is identical to a well-known mark for dissimilar goods, and the applicant argues that there is no likelihood of confusion because the goods are different. Which principle is most relevant to the Registrar's decision?

  1. The principle that registration is automatic once the application is filed
  2. The principle that dissimilar goods can never infringe a trade mark
  3. The extended protection of well-known marks against dilution, independent of confusion as to goods Correct answer.
  4. The principle that well-known status is relevant only to passing off

Explanation

Well-known marks are protected against use on dissimilar goods where the use takes unfair advantage of or is detrimental to their distinctive character or repute, without the need to prove confusion as to the goods. The protection is broader than the ordinary likelihood-of-confusion test.