Mid Term Examination, March 2017
B.A.LL.B. (HONS.)
SEMESTER VIII X IPR-TRADEMARK (HONS.-I)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three. All questions carry equal marks.
1. Mr. Joe developed a new site called 'Face TV.com' in the year 2006 which allowed users to share (Upload download) daily soaps broadcasted in U.K., U.S. and India for free of cost. Soon they gained the popularity in all the above mentioned territories. The accessibility to the content is available to the users for free, but it makes a considerable amount of money from advertisements viewed by million users flocking to his website.
In mean time Mr. Joe applied for a trademark for both name 'Face and its logo (presented below).
Application was examined successfully but it faced opposition from The Facebook Inc. on the ground of taking unfair advantage of their well-known trademark, creating likelihood of confusion and association in the mind of public and they also contended that the applicant's nature of services are illegal as its facilitating piracy. So, the application must be rejected.
In reply to this opposition Mr. Joe contended that they have worldwide reputation for his services he is a honest Concurrent user, the class of opponent's services is different from applicant's services and so, it will never cause likelihood of confusion, lastly they established that Facebook incorporation never registered their trademark in India, so, the opposition must be rejected. The logo of the Facebook Inc. is presented below.
Answer the following questions in the light of above mentioned facts: (Marks
In your opinion would Mr. Joe be able to register the trademark? Limit your arguments to the grounds of opposition raised by Facebook Inc. and the reply contended by Mr. Joe. Substantiate your answer with the applicable provisions and relevant case laws.
Explain the concept of 'well known Trademarks'.
2. Graphical representation and distinctiveness are essential requirements, which in certain cases create barrier for registration for unconventional trademarks. Considering the mentioned criteria comment on the registrability of following marks with the test laid in relevant cases.
(Marks
A 'Chocolate brown colour' without any words, on the packaging of 'dairy chocolates'.
Sound Mark of Britania Jingle (used in advertising the biscuits).
3. Answer the following questions:
Define 'trademark' according to Section of the Trademarks Act, 1999 and justify the protection of trademark along with the functions of trademarks.
Describe the three major changes adopted by Madrid Protocol of 1989 which were absent in Madrid Agreement, 1891.
Highlight two major changes incorporated under TRIPs provision for the protection of trademark which is an expansion of Paris Convention.