Exam Details
| Subject | trade mark | |
| Paper | ||
| Exam / Course | b.a. ll.b. | |
| Department | ||
| Organization | Hidayatullah National Law University | |
| Position | ||
| Exam Date | November, 2016 | |
| City, State | chhattisgarh, raipur |
Question Paper
END TERM EXAMINATION, NOVEMBER 2016
B.A.LL.B. (HONS.)
SEMESTER-VII IX
IPR-Trademark (Hons.-II)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks
carried by each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. Procedure for international registration of trademark under Madrid Protocol of 1889.
b. Ethical justification for the protection of trademark.
c. Portable subject matter under Article 15 Trips Agreement.
d. Law relating to loss of distinctiveness.
e. Procedure for registering as registered user.
f. ICANN
g. Meaning of heading and label as mark.
h. Ownership of goodwill.
i. Conditions for assignment of Trademark otherwise than Goodwill of the business.
j. Justifications for protection of domain names under Trademark law.
2. Discuss the meaning, object and functions of trademarks. Also critically discuss the suitability
of Indian Trademark law to recognise and protect non-conventional trademarks. (Marks 10)
3. Answer the followings:-
a. Discuss the circumstances in which advertisement of a trademark shall amount to
infringement.
b. Discuss the law relating to the registration of associated trademark. (Marks
4. Discuss the 'goodwill' as an essential element of 'passing off'. How far do you think that
Goodwill may be associated also with descriptive words, particular packaging style, particular
advertising style or a particular advertising slogan? (Marks 10)
5. Answer the followings:-
What are the powers of the registrar of trademarks for variation or cancellation of
registration as registered user?
What are the factors which are essential to be considered to determine that the use of
Trademark even for dissimilar goods take unfair advantage of well-known trademark for
refusing the registration. (Marks
6. Explain with the help of illustration the inherent distinctiveness and acquired distinctiveness.
Also discuss the guidelines to decide whether the word used as a Trademark is an invented
word. (Marks 10)
7. Answer the followings:
a. Explain and distinguish property in Trademark and Property mark.
b. Evaluate Indian law of Trademark relating to comparative advertisement and give your
opinion whether the law is capable of limiting the extent of right to comparative
advertisement sufficiently so that it may not constitute the product disparagement.
(Marks
B.A.LL.B. (HONS.)
SEMESTER-VII IX
IPR-Trademark (Hons.-II)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks
carried by each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. Procedure for international registration of trademark under Madrid Protocol of 1889.
b. Ethical justification for the protection of trademark.
c. Portable subject matter under Article 15 Trips Agreement.
d. Law relating to loss of distinctiveness.
e. Procedure for registering as registered user.
f. ICANN
g. Meaning of heading and label as mark.
h. Ownership of goodwill.
i. Conditions for assignment of Trademark otherwise than Goodwill of the business.
j. Justifications for protection of domain names under Trademark law.
2. Discuss the meaning, object and functions of trademarks. Also critically discuss the suitability
of Indian Trademark law to recognise and protect non-conventional trademarks. (Marks 10)
3. Answer the followings:-
a. Discuss the circumstances in which advertisement of a trademark shall amount to
infringement.
b. Discuss the law relating to the registration of associated trademark. (Marks
4. Discuss the 'goodwill' as an essential element of 'passing off'. How far do you think that
Goodwill may be associated also with descriptive words, particular packaging style, particular
advertising style or a particular advertising slogan? (Marks 10)
5. Answer the followings:-
What are the powers of the registrar of trademarks for variation or cancellation of
registration as registered user?
What are the factors which are essential to be considered to determine that the use of
Trademark even for dissimilar goods take unfair advantage of well-known trademark for
refusing the registration. (Marks
6. Explain with the help of illustration the inherent distinctiveness and acquired distinctiveness.
Also discuss the guidelines to decide whether the word used as a Trademark is an invented
word. (Marks 10)
7. Answer the followings:
a. Explain and distinguish property in Trademark and Property mark.
b. Evaluate Indian law of Trademark relating to comparative advertisement and give your
opinion whether the law is capable of limiting the extent of right to comparative
advertisement sufficiently so that it may not constitute the product disparagement.
(Marks
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