HIGHER JUDICIAL SERVICE EXAMINATIONIntellectual Property

OBJECTIVE SAMPLE QUESTIONS(MCQs) ON Trade Marks Act 1999-1st Set

1-A document can be filed by a person or his duly authorized agent at the appropriate office of the Trade Marks Registry U/s 18

a. Yes
b. no
c. yes but under sec 18 Rules 4, 8 & 15

2-A legal practitioner or a registered trade mark agent or a person in the sole and regular employment of the principal can sign on behalf of a person making an application, notice or request u/s 145.

a. true
b. false
c. can not be said.

3- A document on behalf of a body corporate shall be signed before filing for Registration by a special officer appointed under the Companies Act.

a. Yes
b. No
c. yes but the special officer must be authorised by the board meeting

4-For the purpose of making an application of Trademarks, “Person” includes:

A Natural Person,
A Body Incorporate,
A Partnership Firm, HUF, Association of Persons (in case of collective Trademarks), Joint Proprietor
A Trust,
A Society, or
A Government Authority/Undertaking

Answers

a. a society can not ask for Registration
b. a Trust can not ask for registration
c. A govt Can not ask for registration
d. All a-b-c are false
e. All a-b-c are Right

5- Two or more persons may apply for registration of a trade mark are set out in Section 24 (2) of the Act

a. Yes
b. The correct section is 25
c. The cottect section is 23
d. The correct sentence is 26
6-The Trade Mark being applied for registration may be:

Suggestions

i. already not in use or
ii. proposed to be used or intended to be used
or
iii. intended to be assigned to a company that is about to be formed and registered under Companies Act 1956 with a view to use thereof in relation to those goods and services by the company.

Answers

a. all are correct
b. all are false
c. suggestion(i) is wrong only

6- As a trade mark must be able to be represented graphically for registration. The Registrar will, as a
matter of practice, require that the representation of the trade mark that is included in the application
must be a graphical representation.
a. Graphic representation is mandatory for all registration
b. Graphic representation is not mandatory for all registration
c. In special cases Graphic representation is mandatory, otherwise normal registration is required.

7. The applicant should specify the goods and/or services for which registration is sought in terms appearing in the Classification as published by the Registrar.

a. Yes
b.no
c. The is no classification for Trademark registration

8. The Trade Marks Act states that ‘any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark…”

a. U/S 19
b. U/S 17
c.U/S 18

9- The collective mark is owned by an association of persons not being a partnership. It belongs to a group and its use therefore is reserved for members of the group. The primary function of a collective mark is to indicate a trade connection with the association or organization who is the proprietor of the mark.

a. True
b. False
c. A collective mark can be owned even by an Individual

10- The purpose of a certification trade mark is to show that the goods or services in respect of which the mark is used have been certified by some competent person in respect of certain characteristics such as Origin, mode of manufacture, quality etc.

It is written in

a. S 74
b. S 47
c.S 75
d.S 72

11. India has never ratified the Paris Convention for Protection of Industrial Property.
1998.

a. India is a Convention Country
b. The proposition is false
c. India Partially accepted the convention

12- The terms similarity of trademarks is to be construed as “deceptively similar” which expression has been defined “as so nearly resembling that other mark as to be likely to deceive or cause confusion”.

Which is the nearest of the proposition

a. Prima facie similarity is enough for prosecution
b. No deceptively similar, i.e similar product mark produced for deception only
c. A product is not deceptively similar if it is not creating Confusing


Refer: The Trade Marks Act, 1999

Categories: Intellectual Property

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