The question (15 marks)
Discuss the absolute and relative grounds for refusal of registration of a trade mark under the Trade Marks Act 1999, with the help of decided cases. (15 marks)
Standing MU question on syllabus head 3.5; absolute and relative grounds of refusal.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Law of Trademarks of Intellectual Property Laws.
Authorities you will need
- Hindustan Development Corporation (RASOI)
- Imperial Tobacco (SIMLA)
- Geep Flashlight (JANTA)
- Trade Marks Act 1999, ss. 9, 11 and 12
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.