Unit IX · Topic 6Law of trademark – Registration of trademarks, kinds of trademarks, infringement and passing off, remedies – Previous Year Questions

8 previous year questions on Law of trademark – Registration of trademarks, kinds of trademarks, infringement and passing off, remedies from UGC NET Law papers (2019–2026). The correct option is marked in green.

Questions

8 questions

June 2019 · Q85

The absolute grounds for refusal of registration is contained under which section of the Trade Mark Act, 1999?

  1. (a)Section 7
  2. (b)Section 8
  3. (c)Section 9✓
  4. (d)Section 10
Answer & explanation

Answer: (c) Section 9

June 2019 · Q86

Macleods Pharmaceuticals Ltd. v. Tidal Laboratories Pvt. Ltd. (2011) is a case on which subject of intellectual property rights?

  1. (a)Patent
  2. (b)Trademark✓
  3. (c)Design
  4. (d)Geographical indications
Answer & explanation

Answer: (b) Trademark

December 2019 · Q17Sequence / order

Arrange the provisions of Trademark Act 1999 in chronological order (section wise)

1. classification of goods and services

2. regulation in case of honest concurrent use etc

3. limitation as to colour

4. absolute grounds for refusal of registration

Choose the correct option

  1. (a)1, 2, 3, 4
  2. (b)1, 3, 4, 2
  3. (c)1, 4, 3, 2✓
  4. (d)2, 3, 4, 1
Answer & explanation

Answer: (c) 1, 4, 3, 2

December 2019 · Q48

Section 3(1) of the Trade Mark Act, 1999 deals with the provision relating to

  1. (a)Refusal of registration
  2. (b)Application for registration
  3. (c)Appointment of Registrar of Trade Marks✓
  4. (d)Correction and amendment in the application
Answer & explanation

Answer: (c) Appointment of Registrar of Trade Marks

Dec 2021/June 2022 · Q64

Which of the following can be registered as a Trade Mark?

  1. (a)Mark devoid of distinctive character
  2. (b)A distinctive mark✓
  3. (c)A mark causing confusion
  4. (d)Oval shape for medicinal tablet
Answer & explanation

Answer: (b) A distinctive mark

June 2023 · Q10

Which of the following can be registered as Trade Mark under the Trade Marks Act, 1999?

A. RASOI for hydrogenated oil

B. JHOOMRITALAIA for pens

C. BANK for banking service

D. Square shape for tyres

E. Obscene matters (things)

Choose the correct answer from the options given below

  1. (a)B only
  2. (b)A, B and D only
  3. (c)B and D only✓
  4. (d)C and E only
Answer & explanation

Answer: (c) B and D only

December 2024 · Q83Sequence / order

Arrange the following provisions of Trade Marks Act, 1999 in its correct order as appearing in the Act pertaining to trademark registration process?

(A) Relative grounds of refusal

(B) Withdrawal of acceptance

(C) Opposition to register

(D) Absolute grounds

(E) Honest concurrent use

Choose the correct answer from the options given below

  1. (a)(A), (B), (C), (D), (E)
  2. (b)(D), (A), (E), (B), (C)✓
  3. (c)(E), (B), (C), (A), (D)
  4. (d)(B), (C), (E), (A), (D)
Answer & explanation

Answer: (b) (D), (A), (E), (B), (C)

June 2026 · Q131

Following Marks are allowed to be registered under the Trademark Act, 1989 in India

A. The shape of a light bulb, where the shape functions to make the bulb more energy efficient

B. The term 'Icy Freeze' for the Ice Cream

C. The term 'Semiclo' for food processor

D. The term 'Matokla' for coffee

Choose the correct answer from the options given below

  1. (a)A and B only
  2. (b)B and C only
  3. (c)C and D only✓
  4. (d)A and D only
Answer & explanation

Answer: (c) C and D only

Explanation: Under the Trade Marks Act, 1999 (governing trademark registration in India), the registrability of marks depends on whether they fall under the Absolute Grounds for Refusal under Section 9:

• Statement A - INCORRECT (Prohibited from Registration):

o Under Section 9(3)(b) of the Trade Marks Act, 1999, a mark shall not be registered if it consists exclusively of "the shape of goods which is necessary to obtain a technical result". o Since the shape of the lightbulb functions specifically to make it more energyefficient (a technical result), it cannot be registered as a trademark. Statement B - INCORRECT (Prohibited from Registration):

o Under Section 9(1)(b), trademarks which consist exclusively of marks or indications designating the kind, quality, quantity, intended purpose, or characteristics of the goods (descriptive terms) shall not be registered. o The term 'Icy Freeze' for Ice Cream is directly descriptive of the cold/frozen nature and characteristics of ice cream, rendering it non-registrable unless it has acquired secondary meaning/distinctiveness through extensive prior use.

• Statement C - CORRECT (Allowed to be Registered):

o 'Semiclo' for a food processor is an invented/fanciful or arbitrary term that does not directly describe the product's function, quality, or characteristics. Thus, it possesses inherently distinctive character under Section 9(1)(a) and is allowed for registration.

• Statement D - CORRECT (Allowed to be Registered):

o 'Matokla' for coffee is an invented word with no descriptive connection to coffee. Arbitrary or coined terms carry strong distinctiveness and are fully eligible for registration under Section 9(1)(a). Therefore, only statements C and D describe marks that are allowed to be registered, corresponding to Option (c).

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