Practice free →
HomeLLMLawIntellectual Property Law › Section 23 Trade Marks Act 1999 deals with REGIS…

Section 23 Trade Marks Act 1999 deals with REGISTRATION of accepted trade marks. After acceptance and absence of opposition (or successful resistance), the Registrar shall:

Arefuse registration regardless of acceptance (cf. Trade Marks Act 1999, Section 23)
Btransfer the application to the Registrar of Copyrights (cf. Trade Marks Act 1999, Section 23)
Cregister the trade mark and issue a certificate of registration with seal of the Trade Marks Registry
Dsubmit the application to the Central Government for approval (cf. Trade Marks Act 1999, Section 23)
Answer & Solution
Correct answer: C. register the trade mark and issue a certificate of registration with seal of the Trade Marks Registry
1. Section 23(1) Trade Marks Act 1999: 'Subject to the provisions of section 19, when an application for registration of a trade mark has been accepted and either — (a) the application has not been opposed and the time for notice of opposition has expired; OR (b) the application has been opposed and the opposition has been decided in favour of the applicant, the Registrar shall, unless the Central Government otherwise directs, register the said trade mark and the trade mark when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 154, be deemed to be the date of registration.' 2. Section 23(2): on registration, the Registrar issues a certificate. 3. Hence option B is correct. _Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 — Trade Marks Act 1999, Section 23_
Solve this in the app — LLM practice & 24k+ MCQs →
Related questions