The question (15 marks)
What is a well-known trade mark? Explain the protection given to well-known marks under the Trade Marks Act 1999, including the factors the Registrar considers and the protection against dilution. (15 marks)
Syllabus heads 3.3 and 3.7; well-known marks and the rights of the proprietor.
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
- ITC Ltd v. Philip Morris Products S.A.
- N.R. Dongre v. Whirlpool Corporation
- Trade Marks Act 1999, ss. 2(1)(zg), 9(1), 11(2), 11(6)–(11) and 29(4)
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.