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Section 11 Trade Marks Act 1999 lists RELATIVE GROUNDS for refusal of registration. A trade mark shall not be registered if:

Athe registration would benefit a small business in India in any way whatsoever (cf. Trade Marks Act 1999, Section 11) (cf. Trade Marks Act 1999, Section 11) (cf. Trade Marks Act 1999, Section 11)
Bit is identical to or similar to an earlier trade mark, in respect of identical or similar goods/services, and there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark
Cthe registration would be in a non-traditional class such as services rather than goods (cf. Trade Marks Act 1999, Section 11) (cf. Trade Marks Act 1999, Section 11) (cf. Trade Marks Act 1999, Section 11)
Dthe registration would not be aesthetically pleasing in the opinion of the Registrar (cf. Trade Marks Act 1999, Section 11) (cf. Trade Marks Act 1999, Section 11) (cf. Trade Marks Act 1999, Section 11)
Answer & Solution
Correct answer: B. it is identical to or similar to an earlier trade mark, in respect of identical or similar goods/services, and there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark
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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