LL.B. (Semester IV) (CBCS) Examination Nov/Dec-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 term certification Trade Marks was defined in Trade Marks Act under section:
Section:
Section:
Section:
None of above
Assignment and Transmission of trade mark was defined in Trade Marks Act under section:
Section: 37 to 45
Section: 46 to 60
Section: 79 to 82
None of above
The effect of registration of parts of a mark was provided in the Trade Marks Act under section:
Section: 17
Section: 18
Section: 19
None of above
The Lacarno Agreement establishing an international classification of Industrial Design was signed in the year:
1968
1978
1958
None of above
Paris convention for the protection of industrial property was introduced in the year:
1967
1977
1957
None of above
A design is prohibited to register under the Designs Act if it is:
Not new or original
Not significantly distinguished from known design
Contain obscene matter
All of the above
Identify the remedy available for passing-off action under the Trade Marks Act:
Injunction
Damages
Accounts of profits
None of the above
Hague agreement of Industrial deposit of Industrial Design is passed in the year:
1962
1960
1961
None of the above
The remedy available for an action for passing-off is considered as:
Common law remedy
Statutory remedy
Either common law or statutory remedy
None of the above
Page 2 of 2
SLR-HJ-56
10) Identify the section which provides for rectification and correction of register under the Trade Marks Act:
Section 79 to 82
Section: 57 to 60
Section 69 to 78
None of the above
11) The term Collective Mark was defined in the Trade Marks Act under section
Section:
Section:
Section:
None of the above
12) The term was defined in the Trade Marks Act under section
Section:
Section:
Section
None of the above
13) The term package was defined in the Trade Marks Act under section
Section:
Section:
Section:
None of the above
14) The term well known Trade Mark was defined in the Trade Marks Act under section:
Section:
Section:
Section:
None of the above
Q.2
Define the term Trade Mark. Discuss in detail the absolute and relative grounds for Registration of Trade Mark and procedure, duration and effect of registration under Trade Marks Act.
14
Q.3
Explain the classical and modern classification of term passing-off and make out the Distinction between passing-off and infringement of trade mark. Discuss in detail the relief and defences available in passing-off action.
14
OR
Define the term Design. Explain the procedure for registration, cancellation and restoration of lapsed design under the Design Act.
Q.4

Write short answer on any two
08
Paris convention for the protection of industrial property.
Madrid agreement concerning the international registration of marks.
Hague agreement of Industrial deposit of Industrial Design.

Powers and Duties of controller under the Designs Act.
06
Q.5
Write short notes on any seven:-
Collective Mark
Certification trade mark
Associated trade mark
Agency under the Designs Act
Well known trade mark
Piracy of Registered Design
Assignment and Transmission under the Trade Marks Act
Industrial and International Exhibition under Designs Act
False trade description under trade marks Act
Rectification and correction of register under the Trade Marks Act