Mid Term Examination, September- 2016 B.A.LL.B. (HONS.) SEMESTER VII IX IPR-Trademark (Hons.-II) Max. Marks: 20 Max. Time: 1:30 Hrs. Note: Answer any TWO questions out of three. All questions carry equal marks.

1. Wilber Pvt. Ltd. is a company of United States, has filed its first trademark application on 3 July 2014 before USPTO (US patent Trademark Office). Subsequently the Company with the plan of spreading its business in diverse countries filed an international trademark application on 15 December 2015 seeking protection in India, China and United Kingdom via international filing route of Madrid Protocol. The application bears the pictorial mark represented below along with the word mark'K-Watch' for manufacturing, promoting and selling Watches under Class 9. Based on above mentioned facts answer the following questions: a. Explain the concept of 'Priority date' and mention the priority date for Wilber's application. b. If Wilber's Patent application is rejected by USPTO on 14 February 2015, what will be the fate of application/registration in the jurisdiction of India, China and United Kingdom? c. Explain the concept of distinctiveness and also justify the distinctiveness of Wilber's Pictorial and word mark according to the 'Spectrum of distinctiveness' by applying relevant provisions and examples. d. Discuss the difference between Madrid Protocol and Madrid Agreement, which instrument is more popular and Why? (Marks 2. Graphical representation is an essential requirement, which in certain cases create barriers for the registration of unconventional trademarks. Considering the mentioned criteria comment on the registerability of following marks with the tests laid in relevant case laws: a. Smell Mark for Aroma of prepared 'Maggie' kind of Noodles manufactured and distributed by Nestle Co.). b. Sound Mark of Airtel Jingle piece of music composed by A.R. Rahman, Used for the promotion of Airtel services). (Marks

3. 'Savvy Coffee Day' is an Indian café chain, founded in 2005 in Bengaluru, with nearly 500 franchises in southern region of India. SCD filed a trademark application in November 2012 for the registration of the word mark 'Savvy Coffee Day' as its trademark. This application was opposed by XYZ Co., claiming themselves to be an earlier trademark holder, as they already registered their trademark in July,2000 for the mark 'Hazzy coffee for identical goods and services, with establishments of nearly 230 franchises in Delhi and in selected parts of Uttar Pradesh (U.P.) Punjab. So, HCD claimed that the registration of SCD for same class of goods and services may create likelihood of confusion and association in the mind of Public. In the light of mentioned facts, answer the following questions: a. You are the counsel representing SCD. Based on abovementioned facts, draft a solution for your client by applying applicable provisions and relevant case laws. b. As per the provisions of the Trademark Act, 1999, what is an 'earlier trademark'? (Marks