AIBE XIV — September 2019 — Q.9 (Trade Marks Act, 1999)

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Q.9

Intellectual Property Laws Medium Knowledge-Based

Bare Act Trade Marks Act, 1999 · Section 29

Which of the following is an infringement of a Registered Trade mark:

A Use of a mark identical to the Trade mark in relation to goods without authorisation.

B Advertising of that Trade mark such that the advertisement is against the reputation of the Trade Mark.

C Use of that Trade Mark as a business name without authorisation.

✓ All of the above. Answer

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Explanation & Strategy

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Under the Trade Marks Act, using a mark identical or deceptively similar to a registered trademark, using it as a trade or business name, or applying it to goods/packaging constitutes infringement. The option that does NOT fit the statutory definition is the answer.

At a Glance

Subject Intellectual Property Laws

Difficulty Medium

Act Trade Marks Act, 1999

Section Section 29

Answer (D) Knowledge-Based

Paper AIBE XIV — September 2019

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