Master of Law (LL.M.) Group 3 Law of Intellectual Property and Information Technology Law of Trademarks 2024-25 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. 1. "The true test of a trademark lies in its distinctiveness and its ability to distinguish the goods or services of one person from those of another." Critically analyze this statement, discussing the various kinds of trademarks recognized under Indian trademark law. 25 marks
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2. 2. Enumerate and explain the absolute grounds for refusal of registration of a trademark as provided under the Indian Trademarks Act, 1999. Discuss the concept of "Deceptive Similarity" and how it prevents the registration of certain marks. 25 marks
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3. 3. Discuss the nature of the 'property' that is created upon the successful registration of a trademark. Enumerate the rights conferred upon the registered proprietor. Explain the various modes by which these rights can be exploited or transferred, such as assignment and licensing. 25 marks
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4. 4. "The common law remedy of Passing Off operates as a wider remedy than the statutory Action for Infringement." Critically analyze this statement, clearly distinguishing between the two actions in terms of their requirements, scope, and remedies available. 25 marks
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5. 5. Examine the various offences relating to trademarks under the Indian Trademarks Act, 1999, focusing specifically on falsifying and falsely applying trademarks. Discuss the nature of the criminal liability and the corresponding penalties prescribed for these offences. 25 marks
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6. 6. Describe the structure of the Trademark Registry in India. What are the powers and functions of the Registrar of Trademarks? Also, discuss the provisions for the correction and rectification of the Register. 25 marks
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7. 7. Write short notes on any two of the following: 25 marks
   • a. Nice classification
   • b. Effect of registration of parts of a mark
   • c. Abandonment of a trademark
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