Master of Law (LL.M.) Group 3 Law of Intellectual Property and Information Technology Law of Trademarks 2025-26 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. 1. Discuss the historical development of trademark law at the international and national levels. Examine the role of the Paris Convention, TRIPS Agreement and Madrid System in shaping modern trademark protection. 25 marks
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2. 2. Who is a 'proprietor' of a trademark under the Trade Marks Act, 1999? Explain the manner in which a trademark may be licensed under the Act, with particular reference to the provisions dealing with registered users and permitted use. 25 marks
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3. 3. Discuss the absolute grounds for refusal of registration under the Trade Marks Act, 1999. Explain the principles governing distinctiveness, descriptiveness, generic marks and marks contrary to law or morality. 25 marks
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4. 4. Examine the legal framework relating to assignment and transmission of trademarks. Distinguish between assignment with goodwill and assignment without goodwill and analyse their legal implications. 25 marks
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5. 5. Explain the concept of trademark infringement under Section 29 of the Trade Marks Act, 1999. Discuss the various forms of infringement and the statutory exceptions available under the Act. 25 marks
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6. 6. The Trade Marks Act, 1999 provides for criminal liability for certain acts relating to trademarks. Discuss the offences relating to falsification, false application and sale of goods bearing false trademarks. Examine the penalties prescribed under the Act. Also, explain the provisions relating to groundless threat of legal proceedings. 25 marks
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7. 7. Write short notes on any TWO of the following 25 marks
   • (a) Certification Trade Marks
   • (b) Opposition to registration of a trademark
   • (c) Well-Known Trade Marks
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