Trademark law MCQ Quiz - Objective Question with Answer for Trademark law - Download Free PDF

The correct answer is '(D), (A), (E), (B), (C)'

Key Points

• Trade Marks Act, 1999:
  • The Trade Marks Act, 1999 governs the process of trademark registration in India, ensuring exclusive rights to the trademark owner and protecting their intellectual property.
  • The Act outlines the procedure for registration, grounds for refusal, and provisions for honest concurrent use, among other aspects.
• Correct order of provisions related to trademark registration process:
  • (D) Absolute grounds of refusal: This is the first step in the process, where a trademark application is examined based on absolute grounds such as whether the mark is descriptive, generic, or lacks distinctiveness.
  • (A) Relative grounds of refusal: After the absolute grounds, the application is evaluated based on relative grounds, which include potential conflicts with existing trademarks or likelihood of confusion.
  • (E) Honest concurrent use: In cases where two conflicting trademarks have been used honestly and concurrently, the registrar may allow registration of both marks under specific conditions.
  • (B) Withdrawal of acceptance: After initial acceptance, if there are errors or new facts that come to light, the registrar may withdraw the acceptance of the trademark application.
  • (C) Opposition to registration: Once the application is accepted and published, any third party can oppose the registration within the prescribed period, leading to a hearing and decision by the registrar.

Additional Information

• Option 1: (A), (B), (C), (D), (E):
  • This order incorrectly places 'Relative grounds of refusal' (A) before 'Absolute grounds of refusal' (D), which is against the logical sequence of examining a trademark application.
• Option 3: (E), (B), (C), (A), (D):
  • This order wrongly places 'Honest concurrent use' (E) at the beginning, which is a provision applicable only after relative and absolute grounds are considered.
• Option 4: (B), (C), (E), (A), (D):
  • This sequence misplaces 'Withdrawal of acceptance' (B) and 'Opposition to registration' (C), which occur later in the process.

The kind of Intellectual Property protection available for trademark is 'Both Statutory and Common law protection'

Key Points

• Both Statutory and Common law protection:
  • Trademarks in many jurisdictions, including India, are protected under both statutory laws and common law.
  • Statutory protection is provided by registering the trademark under specific trademark laws, such as the Trade Marks Act, 1999 in India.
  • Common law protection arises from the actual use of the trademark in commerce, even without registration, based on the principle of passing off.
  • This dual protection ensures a broader safeguard for the trademark owner against infringement and misuse.

Additional Information

• Statutory protection alone:
  • Statutory protection alone would not cover unregistered trademarks, limiting the protection to only those trademarks that have been officially registered under the relevant trademark laws.
• Common law protection alone:
  • Common law protection alone relies on the use of the trademark in commerce and the principle of passing off, which may not provide the same level of legal certainty and enforceability as statutory protection.
• Protection under Trade and Merchandise Act, 1958:
  • The Trade and Merchandise Act, 1958 has been repealed and replaced by the Trade Marks Act, 1999 in India, making this option outdated and incorrect.

The correct answer is 'Common law relief'

Key Points

• Passing off relief under the Indian Trade Marks Act, 1999:
  • Passing off is a common law tort used to enforce unregistered trademark rights.
  • The primary objective is to prevent one party from misrepresenting their goods or services as those of another.
  • Unlike registered trademarks, passing off relies on the reputation and goodwill established by the trademark owner.
  • The relief is granted based on the common law principles rather than statutory provisions.

Additional Information

• Statutory relief:
  • Statutory relief refers to remedies provided under specific statutes or laws.
  • In the context of trademarks, statutory relief would be available under the provisions of the Trade Marks Act, 1999 for registered trademarks.
  • Since passing off deals with unregistered trademarks, it does not fall under statutory relief.
• Conventional relief:
  • Conventional relief is not a recognized term in the context of legal remedies for trademarks.
  • This option does not apply to the context of passing off under the Indian Trade Marks Act.
• Administrative relief:
  • Administrative relief refers to remedies or actions that can be taken by administrative bodies or officials.
  • Passing off relief is provided by courts based on common law principles, not by administrative bodies.

The correct answer is 'the whole of India.'

Key Points

• The Trade Marks Act, 1999:
  • The Trade Marks Act, 1999 is a comprehensive legislation for the registration, protection, and enforcement of trademarks in India.
  • This Act consolidates and amends the law relating to trademarks and provides for the registration and better protection of trademarks for goods and services and for the prevention of the use of fraudulent marks.
  • The Act extends to the whole of India, ensuring uniformity in trademark laws across the country.

Additional Information

• Option 1: The whole of India except Jammu and Kashmir:
  • This option is incorrect because the Trade Marks Act, 1999 extends to the entire country, including Jammu and Kashmir.
  • Post the abrogation of Article 370 in August 2019, laws enacted by Parliament are applicable to Jammu and Kashmir as well.
• Option 2: The whole of India except Jammu and Kashmir and Nagaland:
  • This option is incorrect as the Act extends to all states and union territories, including Jammu and Kashmir and Nagaland.
  • There are no specific exemptions for Nagaland under the Trade Marks Act, 1999.
• Option 4: The whole of India except Jammu and Kashmir, Nagaland and Arunachal Pradesh:
  • This option is also incorrect as the Act applies uniformly across all states and union territories, including Jammu and Kashmir, Nagaland, and Arunachal Pradesh.
  • There are no special provisions excluding these states from the application of the Act.

The correct answer is Section 5(1) of the Trade Marks Act, 1999.

Key Points

• Trade Marks Registry:
  • The Trade Marks Registry is an office established under the Trade Marks Act, 1999.
  • Its primary purpose is to provide for the registration and better protection of trademarks for goods and services in India.
  • The registry helps in maintaining the trademark records and ensures the rights of trademark holders are protected.
• Section 5(1) of the Trade Marks Act, 1999:
  • This section specifically mentions the establishment of the Trade Marks Registry.
  • It outlines the duties and responsibilities of the registry regarding the registration process and protection of trademarks.

Additional Information

• Section 5(2):
  • This section deals with the appointment of the Registrar and other officers for the Trade Marks Registry but does not establish the registry itself.
• Section 6(1):
  • This section pertains to the maintenance of the register of trademarks and not the establishment of the Trade Marks Registry.
• Section 7(1):
  • This section discusses the classification of goods and services for the purpose of trademark registration, not the establishment of the registry.

Key Points

A distinctive mark:
Distinctive marks are eligible for registration as trademarks because they possess the unique ability to distinguish the goods or services of one business from those of another. This distinctiveness is crucial for trademarks, as it helps consumers identify the source of products or services, ensuring that a trademark serves its primary purpose of indicating origin.
Mark devoid of distinctive character:
Marks that lack distinctive character are not eligible for registration as trademarks. A mark must be able to distinguish the goods or services of one enterprise from those of other enterprises. If a mark is generic, descriptive, or commonly used in the trade without having acquired a secondary meaning, it is considered devoid of distinctive character and is not registrable.
A mark causing confusion:
Marks that are likely to cause confusion or deception among the public, particularly as to the origin, nature, or quality of the goods or services, are not eligible for registration. The principle behind this exclusion is to prevent consumer confusion and to ensure fair competition by not allowing marks that are too similar to existing trademarks.
Oval shape for medicinal tablet:
The shape of products, particularly when they are functional or result from the nature of the goods themselves, may not qualify for trademark registration. In the case of an oval shape for a medicinal tablet, this shape is likely considered functional or non-distinctive, as many medicinal tablets come in this shape. Shapes that add substantial value to the goods or are necessary to achieve a technical result are generally not registrable as trademarks.

The kind of Intellectual Property protection available for trademark is 'Both Statutory and Common law protection'

Key Points

• Both Statutory and Common law protection:
  • Trademarks in many jurisdictions, including India, are protected under both statutory laws and common law.
  • Statutory protection is provided by registering the trademark under specific trademark laws, such as the Trade Marks Act, 1999 in India.
  • Common law protection arises from the actual use of the trademark in commerce, even without registration, based on the principle of passing off.
  • This dual protection ensures a broader safeguard for the trademark owner against infringement and misuse.

Additional Information

• Statutory protection alone:
  • Statutory protection alone would not cover unregistered trademarks, limiting the protection to only those trademarks that have been officially registered under the relevant trademark laws.
• Common law protection alone:
  • Common law protection alone relies on the use of the trademark in commerce and the principle of passing off, which may not provide the same level of legal certainty and enforceability as statutory protection.
• Protection under Trade and Merchandise Act, 1958:
  • The Trade and Merchandise Act, 1958 has been repealed and replaced by the Trade Marks Act, 1999 in India, making this option outdated and incorrect.

Key Points

Statement A: RASOI for hydrogenated oil  
This statement is incorrect as "RASOI" is a generic term used in Hindi for kitchen, and generic terms cannot be trademarked for products they directly describe. The purpose of a trademark is to identify and distinguish goods or services of one seller from those of others.
Statement B: JHOOMRITALAIA for pens  
This statement is correct. "JHOOMRITALAIA" is a distinctive and nongeneric term. It does not directly describe the pens or their qualities, characteristics, or intended purpose. Therefore, it can serve the primary function of a trademark, which is to identify the source of the goods and distinguish them from the goods of others.
Statement C: BANK for banking service  
This statement is incorrect. The term "BANK" is a generic term for the services it describes, and generic terms cannot be registered as trademarks because they fail to distinguish the services of one provider from those of another.
Statement D: Square shape for tyres  
This statement is correct. Shapes can be registered as trademarks if they are distinctive and can distinguish goods or services of one business from those of another. The square shape for tyres is unusual and distinctive enough to function as a trademark.
Statement E: Obscene matters (things)  
This statement is incorrect. Obscene matters or things are not registrable as trademarks under the Trade Marks Act, 1999. The Act prohibits the registration of trademarks that are likely to hurt religious sentiments, are obscene, or scandalous.
Hence, the correct answer is option 3: B and D only.

The correct answer is '(D), (A), (E), (B), (C)'

Key Points

• Trade Marks Act, 1999:
  • The Trade Marks Act, 1999 governs the process of trademark registration in India, ensuring exclusive rights to the trademark owner and protecting their intellectual property.
  • The Act outlines the procedure for registration, grounds for refusal, and provisions for honest concurrent use, among other aspects.
• Correct order of provisions related to trademark registration process:
  • (D) Absolute grounds of refusal: This is the first step in the process, where a trademark application is examined based on absolute grounds such as whether the mark is descriptive, generic, or lacks distinctiveness.
  • (A) Relative grounds of refusal: After the absolute grounds, the application is evaluated based on relative grounds, which include potential conflicts with existing trademarks or likelihood of confusion.
  • (E) Honest concurrent use: In cases where two conflicting trademarks have been used honestly and concurrently, the registrar may allow registration of both marks under specific conditions.
  • (B) Withdrawal of acceptance: After initial acceptance, if there are errors or new facts that come to light, the registrar may withdraw the acceptance of the trademark application.
  • (C) Opposition to registration: Once the application is accepted and published, any third party can oppose the registration within the prescribed period, leading to a hearing and decision by the registrar.

Additional Information

• Option 1: (A), (B), (C), (D), (E):
  • This order incorrectly places 'Relative grounds of refusal' (A) before 'Absolute grounds of refusal' (D), which is against the logical sequence of examining a trademark application.
• Option 3: (E), (B), (C), (A), (D):
  • This order wrongly places 'Honest concurrent use' (E) at the beginning, which is a provision applicable only after relative and absolute grounds are considered.
• Option 4: (B), (C), (E), (A), (D):
  • This sequence misplaces 'Withdrawal of acceptance' (B) and 'Opposition to registration' (C), which occur later in the process.

The correct answer is 'Common law relief'

Key Points

• Passing off relief under the Indian Trade Marks Act, 1999:
  • Passing off is a common law tort used to enforce unregistered trademark rights.
  • The primary objective is to prevent one party from misrepresenting their goods or services as those of another.
  • Unlike registered trademarks, passing off relies on the reputation and goodwill established by the trademark owner.
  • The relief is granted based on the common law principles rather than statutory provisions.

Additional Information

• Statutory relief:
  • Statutory relief refers to remedies provided under specific statutes or laws.
  • In the context of trademarks, statutory relief would be available under the provisions of the Trade Marks Act, 1999 for registered trademarks.
  • Since passing off deals with unregistered trademarks, it does not fall under statutory relief.
• Conventional relief:
  • Conventional relief is not a recognized term in the context of legal remedies for trademarks.
  • This option does not apply to the context of passing off under the Indian Trade Marks Act.
• Administrative relief:
  • Administrative relief refers to remedies or actions that can be taken by administrative bodies or officials.
  • Passing off relief is provided by courts based on common law principles, not by administrative bodies.

The correct answer is Section 5(1) of the Trade Marks Act, 1999.

Key Points

• Trade Marks Registry:
  • The Trade Marks Registry is an office established under the Trade Marks Act, 1999.
  • Its primary purpose is to provide for the registration and better protection of trademarks for goods and services in India.
  • The registry helps in maintaining the trademark records and ensures the rights of trademark holders are protected.
• Section 5(1) of the Trade Marks Act, 1999:
  • This section specifically mentions the establishment of the Trade Marks Registry.
  • It outlines the duties and responsibilities of the registry regarding the registration process and protection of trademarks.

Additional Information

• Section 5(2):
  • This section deals with the appointment of the Registrar and other officers for the Trade Marks Registry but does not establish the registry itself.
• Section 6(1):
  • This section pertains to the maintenance of the register of trademarks and not the establishment of the Trade Marks Registry.
• Section 7(1):
  • This section discusses the classification of goods and services for the purpose of trademark registration, not the establishment of the registry.

The correct answer is 'An average man of ordinary intelligence with imperfect recollection'

Key Points

• Deceptive similarity in trademarks:
  • Determining deceptive similarity involves assessing whether one trademark is so similar to another that it is likely to cause confusion among the public.
  • The court evaluates this from the perspective of an average person with ordinary intelligence and imperfect recollection.
  • This standard helps to ensure that the trademarks are evaluated in a practical and realistic manner, reflecting the likely perception of the general public.

Additional Information

• Incorrect Options:
  • The person ordinarily skilled in Art: This standard is typically used in patent law to assess obviousness, not in trademark law for similarity.
  • Lay observer: While a lay observer's perspective might be relevant in some contexts, trademark law specifically uses the "average man of ordinary intelligence with imperfect recollection" standard.
  • A reasonable and prudence man: This standard is often used in negligence law to determine if someone acted reasonably; it is not specific to trademark similarity cases.

The correct answer is '(D), (A), (E), (B), (C)'

Key Points

• Trade Marks Act, 1999:
  • The Trade Marks Act, 1999 governs the process of trademark registration in India, ensuring exclusive rights to the trademark owner and protecting their intellectual property.
  • The Act outlines the procedure for registration, grounds for refusal, and provisions for honest concurrent use, among other aspects.
• Correct order of provisions related to trademark registration process:
  • (D) Absolute grounds of refusal: This is the first step in the process, where a trademark application is examined based on absolute grounds such as whether the mark is descriptive, generic, or lacks distinctiveness.
  • (A) Relative grounds of refusal: After the absolute grounds, the application is evaluated based on relative grounds, which include potential conflicts with existing trademarks or likelihood of confusion.
  • (E) Honest concurrent use: In cases where two conflicting trademarks have been used honestly and concurrently, the registrar may allow registration of both marks under specific conditions.
  • (B) Withdrawal of acceptance: After initial acceptance, if there are errors or new facts that come to light, the registrar may withdraw the acceptance of the trademark application.
  • (C) Opposition to registration: Once the application is accepted and published, any third party can oppose the registration within the prescribed period, leading to a hearing and decision by the registrar.

Additional Information

• Option 1: (A), (B), (C), (D), (E):
  • This order incorrectly places 'Relative grounds of refusal' (A) before 'Absolute grounds of refusal' (D), which is against the logical sequence of examining a trademark application.
• Option 3: (E), (B), (C), (A), (D):
  • This order wrongly places 'Honest concurrent use' (E) at the beginning, which is a provision applicable only after relative and absolute grounds are considered.
• Option 4: (B), (C), (E), (A), (D):
  • This sequence misplaces 'Withdrawal of acceptance' (B) and 'Opposition to registration' (C), which occur later in the process.

The correct answer is Option 3.

Key Points

Classification of Goods and Services: This is covered under Section 7 of the Trade Marks Act, 1999. It outlines the classification into which goods and services fall for the purpose of trade mark registration.

Absolute Grounds for Refusal of Registration: This topic is addressed in Section 9 of the Trade Marks Act, 1999. It enumerates the conditions under which a trademark cannot be registered, based on the nature of the mark itself, such as if it is devoid of any distinctive character or is likely to deceive the public or cause confusion.

Limitation as to Colour: Found in Section 10 of the Trade Marks Act, 1999, it discusses conditions regarding the registration of trademarks in relation to colors, stating that if a trademark is registered without limitations to color, it is registered for all colors.

Regulation in Case of Honest Concurrent Use Etc.: This is elaborated in Section 12 of the Trade Marks Act, 1999. This section provides for the registration of trademarks by more than one proprietor in the case of honest concurrent use or other special circumstances.

Now, arranging these provisions in chronological order as per their sections in the Act:

• Classification of Goods and Services (Section 7)
• Absolute Grounds for Refusal of Registration (Section 9)
• Limitation as to Colour (Section 10)
• Regulation in Case of Honest Concurrent Use Etc. (Section 12)

Given the above explanation and the options provided:

(a) Classification of Goods and Services
(d) Absolute Grounds for Refusal of Registration
(c) Limitation as to Colour
(b) Regulation in Case of Honest Concurrent Use Etc.
The correct option is Option 3:

(a), (d), (c), (b)
Solution Explanation:

Classification of Goods and Services (Section 7) is the foundation, laying out the categories for which trademarks can be registered.
This is followed by Absolute Grounds for Refusal of Registration (Section 9), which sets the limitations on what cannot be registered as a trademark based purely on the characteristics of the mark itself.
The Limitation as to Colour (Section 10) adds specificity to trademarks related to color schemes and their registration.
Finally, Regulation in Case of Honest Concurrent Use Etc. (Section 12) addresses the more nuanced scenarios where multiple parties may have rights to similar trademarks, based on honest, concurrent use.
This chronological arrangement aligns with the structural organization and logical progression of the provisions within the Trade Marks Act, 1999.

The correct answer is 'the whole of India.'

Key Points

• The Trade Marks Act, 1999:
  • The Trade Marks Act, 1999 is a comprehensive legislation for the registration, protection, and enforcement of trademarks in India.
  • This Act consolidates and amends the law relating to trademarks and provides for the registration and better protection of trademarks for goods and services and for the prevention of the use of fraudulent marks.
  • The Act extends to the whole of India, ensuring uniformity in trademark laws across the country.

Additional Information

• Option 1: The whole of India except Jammu and Kashmir:
  • This option is incorrect because the Trade Marks Act, 1999 extends to the entire country, including Jammu and Kashmir.
  • Post the abrogation of Article 370 in August 2019, laws enacted by Parliament are applicable to Jammu and Kashmir as well.
• Option 2: The whole of India except Jammu and Kashmir and Nagaland:
  • This option is incorrect as the Act extends to all states and union territories, including Jammu and Kashmir and Nagaland.
  • There are no specific exemptions for Nagaland under the Trade Marks Act, 1999.
• Option 4: The whole of India except Jammu and Kashmir, Nagaland and Arunachal Pradesh:
  • This option is also incorrect as the Act applies uniformly across all states and union territories, including Jammu and Kashmir, Nagaland, and Arunachal Pradesh.
  • There are no special provisions excluding these states from the application of the Act.