Section 11 Trade Marks Act 1999 lists RELATIVE GROUNDS for refusal of registration. A trade mark shall not be registered if:
Answer & Solution
Correct answer: B.
1. Section 11(1) Trade Marks Act 1999 enumerates RELATIVE GROUNDS for refusal: a trade mark shall not be registered if, because of (a) its identity with an earlier trade mark and similarity of goods/services covered by the trade mark; OR (b) its similarity to an earlier trade mark and the identity or similarity of the goods/services covered by the trade mark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.
2. Section 11(2) protects WELL-KNOWN trade marks against use on dissimilar goods/services if the use without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the well-known mark.
3. Section 11(6) defines 'well-known trade mark' as one that has become well known to the substantial segment of the public which uses such goods or receives such services.
4. Hence option A is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Trade Marks Act 1999, Section 11_
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