I.D.
Mid Term Examination, September 2018
B.A. LL.B. (HONS.)
SEMESTER VII IX IPR (Hons.)-Trade Mark
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three.
The number of marks carried by each question is indicated at the end of the question..
1. Discuss how protection of trademark is conferment of monopoly on marks and why such monopoly is justified from the perspective of a trademark owner, a customer or prospective customer of a product and under equity and ethical grounds. (Marks 06)
Identify the limitations in application of Trade Mark Law Treaty 1994 to protection of marks. (Marks 04)
2. What role "unfair competition" plays in use of a mark in course of trade? Substantiate your answer relying on international legal instruments on trademark law as well as the Indian perspective on the same. (Marks 06)
What are descriptive marks and can such marks be registered? Explain with help of relevant provisions and case laws. (Marks 04)
3. State the procedure for registration of a certificate mark in details. (Marks 05)
Mr. A has used a hologram (in which an image is visible in different colors from different angles) in course of trade for gift items for a period of 2 years. The first image visible from the left-hand angle is in black against white background and the second image on right hand angle divisible is in blue in Pantone shade 2736 (similar to the Facebook theme Blue) against white background. The image visible is as follows:
Mr. A wants to register the same hologram as a trademark for his business and separately the image in black and Pantone shade 2736 Blue as series marks. Explaining the concept of hologram as mark and series mark, discuss whether the hologram and the image in two colours as series marks are registrable. (Marks 05)