B.A. LL.B. (Semester VIII) (CGPA) Examination Mar/Apr-2018
TRADE MARK AND DESIGN
Time: 2½ Hours
Max. Marks: 70
Instructions: All questions are compulsory. Figures to the right indicate full marks.
Q.1
Multiple choice questions:
14
The certification of Trade Marks was provided in the Trade Marks Act under section:
Section 69-78
Section 83-100
Section 61-68
None of these
The absolute grounds for refusal of Registration of Trade Marks was provided in the Trade Marks under Section:
Section 09
Section 10
Section 11
None of the above
The first registration of Trade Marks under Trade Marks Act is valid for the period of
10 years
15 years
5 years
None of the above
Madrid Agreement concerning International Registration of Trade Marks was introduced in the year
1979
1969
1989
None of the above
Associated Trade Marks was defined in the Trade Marks Act under Section
Section 2
Section 2
Section 2
None of the above
Paris Convention for the Protection of Industrial Property was introduced in the year
1967
1957
1997
None of the above
Relative grounds for refusal of Registration was provided in the Trade Marks Act under section
Section 11
Section 12
Section :09
None of the above
The term well known Trade Mark was defined in the Trade Marks Act under section:
Sec 2
Sec 2
Sec 2
None of the above
Identify the grounds on which plaintiff has to establish to bring an action in passing-off claims
The plaintiff acquired sufficient good will and reputation
The plaintiff suffered damages or injury
Action of the dependant has caused deception
All of the above
Page 2 of 2
SLR-HF-65
10) The term goods was defined in the Trade Marks Act under section:
Section 2
Section 2
Section 2
None of the above
11) The term Collective Mark was defined in the Trade Marks Act under section
Section 2
Section 2
Section 2
None of the above
12) The term Trade Mark was defined in the Trade Marks Act under section:
Sec 2
Sec 2
Sec 2
None of the above
13) The term service was defined in the Trade Marks Act under section
Section 2
Section 2
Section 2
None of the above
14) The term was defined in the Trade Marks Act under section
Section 2
Section 2
Section 2
None of the above
Q.2
Define the term Trade Mark. Discuss in detail procedure for registration, renewal and restoration of Trade Marks under Trade Marks Act.
14
Q.3
Define the term Design and explain the grounds for prohibition of Registration of design. Elucidate the powers and duties of controller under the Designs Act.
14
OR
Critically examine the provisions under Paris Convention for the protection of Industrial Property. Discuss in detail how for the convention was considered in formulation of laws on Trade Marks.
Q.4

Write short notes of any
08
Absolute grounds for refusal of Registration of Trade Marks
Collective Marks
Associated Trade Marks

Assignment and Transmission of Trade Marks.
06
Q.5
Write short notes on any seven:-
14
Distinction between infringement of Trade Mark and passing-off action
Restoration of lapsed design
Trips agreement of the WTO and Trade Marks
Industrial and International Exhibition under Design Act
Condition for good Trade Mark
Certification Trade Marks
Relative grounds for refused of registration of Trade Marks
False Trade Description under Trade Marks Act
Well known Trade Marks
Trips agreement of the WTO and Industrial Design