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ROLL NO.----- SETCODE-B
TRADE MARKS AGENT EXAMINATION, 2023
[Under Rule 148 of the Trade Marks Rules, 2017]
PAPER-I
TIME: 10.30 a.m. to 12.30 p.m. (Two Hrs.) Max Marks 100 .
Instructions:
1. This paper consists of 50 questions each carries equal mark. One question is of two marks.
2. All questions are compulsory.
3. Candidates should read the questions carefully before answering.
4. No clarification will be provided during the examination on any technical! legal matter.
5. There is no negative marking.
6. All references to "Act" and "Rules" may be read ~s the Trade Marks Act, 1999 and the
Trade Marks Rules, 2017 respectively, as amended until now and their. related applications.
1. Can an International Registration replace a nationally fIled trademark
registration as per Madrid Protocol?
(a) Yes, if the registered mark in the office of origin is also the subject matter of
international registration, and the protection resulting therefrom extends to
countrY"of origin.
(b) No, international registration cannot replace nationally filed trademark registration
(c) Yes, international registration can replace nationally filed trademark registration
though the subject concerned is different.
(d) None of the above
. 2. With respect to sound mark which of the following statement is true;
Where an application for the registration of a trade mark consists of a sound
mark, the applicant is required to submit .
(a) Reproduction of the sound in MP3 format only, it cannot be in any other format
like MP4
(b) Length of the audio should be not more than 30 seconds
(c) There should be graphical representation of its notations also.
(d) All of the above
3. Which onhe following statement is true with respect to certificate of registration
(a) It can be used in legal proceedings
(b) It cannot be used in legal proceedings
(c) It cannot be used for obtaining registration abroad
(d) Both (b) and (c)
4. Form MM2(E) is used for
(a) For renewal of international trade mark
(b) For filing of international application where India is the country of origin
(c) For international applications where India is the country of designation
(d) Both (b) and (c)
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5. Which one of the following is NOT a relative ground of refusal of trade mark
(a) Similar or identical trade mark for identical goods/ services.
(b) Use of trade mark is prevented by virtue of copyright or passing off
(c) Both (a) and (b)
(d) Prohibited under the Emblems and Names (Prevention of Improper Use) Act,
1950
. 6. What is the indication for the applications filed through Madrid system and
designating India .
(a) IR (c) IRDI
(b) MM-2 (d) MM-l
7. Trademark law protects ...
(a) Words, symbols or devices that differentiate goods or services from one another.
(b) Inventions that feature some sort of utility function
(c) Names of specific people and places
(d) Ornamental layout
8. Who can file an application for Rectification
(a) Any Registered Proprietor (c) Any earlier Proprietor
(b) Any person (d) Any Aggrieved person
9. Which form is to be filed for request of search and issue of certificate under Rule
22(1) of the Trade Marks Rules, 2017
(a) TM-C (c) TM-M
(b) TM-P (d) TM-R
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10. Section 13 of the Trade Marks Act, 1999 prohibits the registration of j- :1
(a) Names of chemical elements
(b) International non-proprietary names
(c) Name of Geographical Indications
(d) Both (a) and (b)
11. Which of the following principle(s) is/are applicable for registration of any trade
mark?
(a) A trademark should be distinctive and should be capable of distinguishing goods or
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servIces
(b) A trademark should not cause confusion with earlier trademarks
(c) A trademark should not be deceptive
(d) All of the above
12. Which of the following CANNOT be registered as a trade mark as per the Trade
Marks Act, 1999? .
(a) Colour Combination of colours
(b) Shape of goods
(c) Sound
(d) Smell
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13. Transfer of Trade Marks rights are possible by way of
(a) By the order of Court (c) WILL
(b) Assignment. (d) All of the above
14. A Trade mark can be refused registration under section/s
(a) 9 and 11 (c) 9 only
(b) 9, 11 and 13 (d) 11 only
15. An appeal against the order of Registrar of TradeMarks may be fIled before
(a) District Court (c) IPAB
(b) High Court (d) All of the above
16. A HUF (Hindu Undivided Family) can make an application for registration of
Trade Mark through its
(a) Eldest male member (c) Karta
(b) Eldest family member (d) Any adult member
17. Which is the correct statement as per the Trade Marks Act, 1999
(a) An Act to amend and consolidate the law and procedure relating to trade marks, to
provide for registration and for the prevention of the use of fraudulent marks.
(b) An Act to amend and consolidate the law and rules relating to trade marks, to
provide for registration and better protection of trade marks for goods and
servIces.
(c) An Act to amend and consolidate the law relating to trade marks and for the
prevention of the use of fraudulent marks.
(d) An Act. to amend and consolidate the law relating to trade marks, to provide for
registration and better protection of trade marks for goods and services and for the
prevention of the use of fraudulent marks. .
18. The counter statement required under section 21(2) of the Trade Marks Act,
1999 shall-be sent on Form TM-O within from the date of the receipt of
the copy of the notice of opposition from the Registrar.
(a) 30 days (c) Two months
(b) 60 days (d) One month
19. A trade mark may be registered in respect of same or similar goods by two
different proprietors
(a) .It may be registered in case of honest concurrent use
(b) It may be registered for other special circumstances which the registrar deems
proper
(c) Both (a) and (b)
(d) It cannot be registered
20. Given below are two statements: One is labelled as Assertion(A) and the other is
labelled as Reason (R)
Assertion (A): Trademark registration gIves exclusive proprietary rights to the
trademark owner.
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Reason (R): A trademark is recognizable sign, design or expression which identifies
goods or services of a particular source from those of others and are used
to claim exclusive proprietary rights of goods or services.
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true and (R) is not the correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true
21. Which one of the following CANNOT be registered as a trade mark?
(a) The mark is device '
(b) The mark is made up of letters and numbers.
(c) The mark is made up of a symbol with no words or letters.
(d) The mark represents the natural or technical shape of the goods
22. The Trade Marks Act, 1999 came into force on
(a) 15th September, 1999 (c) 15th September, 2001
th
(b) 15 September, 2000 (d) 15th September, 2003
23. What is the date of registration of any trade mark
(a) Date of filing of the application
(b) Date of acceptance of the application .
(c) Date of publication of the trade mark in journal
(d) Date of issuance of the Registration Certificate
24. The registration of trade mark gives to the registered proprietor
(a) Exclusive right to use (c) Prima facie evidence of validity
(b) Obtain relief in respect of (d) All of the above
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infringement
25. In case, Ms. Anju falsely represented her device mark as registered, then she
may be punished with an imprisonment for a term which may extend to
(a) 6 months
(b) 1 year
(c) 3 years
(d) 5 years
26. According to section 26, where a trade mark has been removed from the Register
for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any
application for the registration of another trade mark during , next
after the date of the, removal, be deemed to be a trade mark already on the
register
(a) 1 Year (c) 5 Years
(b) 2 Years (d) 10 Years
27. Who has the power to declare any mark to be Well-Known Mark in India
(a) Registrar of Trade Marks (c) WIPO
(b) High Courts (d) Both (a) and (b)
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28. For an application under Section 45 to register a subsequent proprietor in case
of an assignment or transfer for trade mark through on-line mode, how much fee
is to be paid for each trade mark?
(a) Rs. 4,500/- (c) Rs. 9,000/-
(b) Rs. 5,000/- (d) Rs. 20,000/-
29. What does Collective Trade Marks indicate?
(a) Connection of a Trade Mark :with a proprietor Partnership Firm
(b) Trade Mark which cannot be subject to monopoly.
(c) A unified collection of all the registered Trade Mark.
. (d) Connection of a Trade Mark with a proprietor Association.
30. For filing an application for International Registration, the applicant should
have a basic application/registration at the Office of
(a) Country of Origin (c) WIPO
(b) Designating Country (d) None of the above
31. Which one of the following is NOT an absolute ground of refusal of trade mark
(a) The shape of goods which gives substantial value to the goods.
(b) Well known trade mark
(c) Contains scandalous matter
(d) Mark which has become customary in the current language
32. Passing Off is a remedy available for the proprietor of
(a) Registered Trade Mark (d) It is not available to anyone in
(b) Unregistered Trade Mark India as the same is a common
(c) Both (a) and (b) . law remedy
33. Which will be the appropriate office for filing an application by joint applicants
for registration of trade mark
(a) At a place where both the applicant mutually agreed to file
(b) At a place where any of the applicants has principal place of business
(c) At a principal place of business of the applicant whose name is first mentioned in
the application
(d) At a principal place of business of the applicant whose name is last mentioned in
the application
34. A Trade Mark can be removed from the Register for non-use within how many
years from the mark actually put on Register
(a) 3 Years and 3 Months (c) 7 Years and 3 Months
(b) 5 Years and 3 Months (d) lOY ears and 3 Months
35. The Madrid Protocol was brought into force in India through which Amendment
(a) Trade Marks (Amendment) Act, 1999
(b) Trade Marks (Amendment) Act, 2003
(c) Trade Marks (Amendment) Act, 2010
(d) Trade Marks Rules, 2017
36. A Company from Japan filed an application at the Japan Patent and Trade
Marks Office on 20/0112017. Thereafter, filed another application in India on
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24/07/2017 claiming convention priority. In case, said application is registered in
India on 26/08/2021, what is the date of registration.
(a) 20/01/2017 (c) 20/07/2017
(b) 24/07/20 17 (d) 26/08/2021
37. Which of the following statement is/are correct for assignment and transmission
of the trade mark under The Trade Marks Act, 1999.
(a) A registered trade mark may be assigned or transmitted with or without the
goodwill of the business concerned.
(b) An unregistered trade mark may be .assigned or transmitted with or without the
goodwill of the business concerned.
(c) A registered trade mark may be assigned or transmitted, in respect either of all the
goods or services in respect of which the trade mark is registered or of some only
of those goods or services.
(d) All of the above.
38. Specification of goods "Playing Cards" shall fall under which class as per the
10th edition of NICE Classification.
(a) 10 (c) 26
. (b) 16 (d) 28
39. According to Section 21(1) Of the Act, Notice of Opposition can be filed by
(a) Any Registered Proprietor (c) Any earlier Proprietor
(b) Any Aggrieved person (d) Any person
40. On 01110/1998 an application was filed for the [Link] trade mark ABC
. .,
label. Said mark was registered vide Registration Certificate No. TM2023235689
dated 20/0112023 and the Registration Certificate was received by the proprietor
on the same day. The registered proprietor should file TM-R on or before .
for the renewal of said trade mark.
(a) 01/10/2008 (c) 20/07/2023
(b) 20/04/2023 (d) 20/01/2024
41. In which language applicant may file an international application for
registration under Madrid System
(a) In English only (d) English, French or German
(b) Either in English or Spanish (Deutsch)
(c) English, Spanish or French
42. A proprietor has filed an application for the registration of a trade mark on
02/02/2020 on a proposed to be used basis and same has been registered vide
Registration Certificate No. TM2023256897 dated 30/05/2022. How long a
competitor should wait to file an application for Rectification on the grounds of
non-use?
(a) 02/02/2025 (c) 30/05/2027
(b) 02/02/2027 (d) 30/08/2027
43. A trade mark has been published in the Trade Marks Journal No. 1987 dated
15/05/2020 which was made available to public on 17/05/2020. What is the last
date to file Notice of opposition
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(a) 15/08/2020 (c) 15/09/2020
(b) 17/08/2020 (d) 17/09/2020
44. A Company filed a multi-class application in respect of classes 3 & 25 for the
registration of Series mark containing three images of mark. Calculate the fee
how much Company has to pay in case of filing at the counter.
(a) Rs. 20,000/- (c) Rs. 56,000/-
(b) Rs. 40,000/- (d) Rs. 60,000/-
45. A Company from United States of America filed an application at USPTO on
02/05/2001 and another application on 02/06/2001 at EUIPO. Thereafter, said
Company has filed an application in India on 02/10/2001 claiming convention
priority based on USPTO application. In case, said application is registered in
India on 02/05/2011, what is the date of registration.
(a) 02/05/2001 (c) 02/10/2001
(b) 02/06/2001 (d) 02/05/2011
46. According to Rule 50(2) of the Trade Marks Rules, 2017 a request for
adjournment of the hearing should be filed
(a) Three days before the date of hearing
(b) Three days after the date of hearing
(c) On the date of hearing
(d) On receipt of hearing notice
. -47. A copy of Notice of Opposition dated 01110/2022was served to the Applicant vide
. letter dated 10/11/2022 which was received by them on 15/11/2022. According to
Rule 44 counter-statement shall be filed by the applicant within
(a) 01112/2022 (c) 15/01/2023
(b) 10/01/2023 (d) 01/02/2023
48. Before determining a trade mark. as well-known, the Registrar may invite
objections from the general public to be filed within
(a) 30 Days from the date of invitation such objection
(b) 45 Days from the date of invitation such objection
(c) 60 Days from the date of invitation such objection
(d) 90 Days from the date of invitation such objection
49. An Individual from the state of Madhya Pradesh approaches you to file an
application. Which Registry will. have the territorial jurisdiction to entertain his
application? .
(a) Delhi (c) Kolkata
(b) Chennai (d) Mumbai
50. In case, the use of the trade mark is claimed prior to the date of application, the
applicant is required to file
(a) Statement of case (d) Affidavit along with
(b) Documents Supporting documents
(c) Declaration
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