LL.B. II (Semester IV) (CGPA) Examination, 2017
Trade Mark and Design
Day Date: Wednesday, 03-05-2017 Max. Marks: 70
Time: 02.30 PM to 05.00 PM
N.B.: All questions are compulsory.
Figures to the right indicate full marks.
Q.1 Multiple choice questions: 14
Passing off is a form of
Tort Contract
Crime None of these
which one of the following design is prohibited from
Registration.
A design which is not new
Which has been disclosed to the public
Which is contrary to Public order or morality
All of these.
Sec of the 'The Design 2000 provides for the
definition of 'Design'.
Sec 2 Sec 2
Sec 2 Sec 2
Sec of the Trade Marks Act 1999 defines 'Trade Mark'.
Sec 2 Sec 2
Sec 2 None of these
Sec of the Trade Marks Act defines Associated Trade
Mark.
Sec 2 Sec 2
Sec 2 None of these
Paris convention for the Protection of Industrial Property
introduced in year.
1957 1967
1986 None of these
remedy is available in Passing off action.
Injunction Damages
Account of Profit All of these.
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Sec of the Trade Marks Act 1999.
Associated Trade Mark Well known Trade Mark
Collective Mark Certification Trade Mark
mark means a trade mark distinguishing the goods or
services of members of an Association of Person (not being a
partnership) which is the proprietor of the mark from those of
others.
Collective mark Associated Trade Mark
Certification mark None of these
10) Sec of the Designs Act, 2000 provides for 'Agency'.
Sec 42 Sec 43
Sec 44 None of these
11) Madrid Agreement concerning the International Registration of
marks, introduced in year.
1969 1979
1989 None of these
12) Locarno Agreement of Establishing An International
Classification For industrial Design introduced in year.
1965 1966
1967 1968
13) Power of Central Govt to make rules under the Designs Act 2000
are provided u/sec
Sec 44 to 47 Sec 48
Sec 37 to 42 None of these
14) trade mark means a mark which has become so to the
substantial segment of the public which uses such goods or
receives such services that the use of such mark in relation to
goods or service would be likely to be taken as indicating a
connection in the course of trade.
Associated Trade Mark Well known Trade Mark
Collective mark None of these
Q.2 Define Design. Discuss in detail procedure for Registration and
cancellation of registration of Design under Designs Act 2000.
14
Q.3 Define 'Trade Mark'. Write a note on conditions for Registration of
Trade Mark and Procedure and Duration.
14
OR
Write a detail note on Paris convention for the Protection of Industrial
Designs.
14
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Q.4 Answer any two: 08
Distinction between Infringement and Passing off.
Evidence and Agency under Designs Act 2000.
Assignment and Transmission of Trade Mark.
Powers and Duties of controller under Designs Act 2000. 06
Q.5 Write short notes on any seven: 14
Reliefs available in Passing off actions.
Certification Trade Mark.
Collective Mark
Effects of Registration of Trade mark
Defenses in passing off actions.
Associated Trade Mark.
Rectification and correction of Register under Trade mark Act.
Functioning of Trade mark
Modern classification of passing off.
10) Well known Trade mark