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Consider the following statements.
  1. In India, the trademark registered with the Controller General of Patents, Designs, and Trademarks is protected by law.
  2. Using a registered trademark without authorisation of the entity that owns the trademark is a violation or infringement of the trademark.
  3. Using a substantially similar mark for similar goods or services does not amount to infringement of the trademark.
Which of the above statements is/are correct?
  • a)
    2 only 
  • b)
    1, 3 
  • c)
    1, 2 
  • d)
    1, 2, 3
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements. In India, the trademark registered ...
Statement 1: In India, the trademark registered with the Controller General of Patents, Designs, and Trademarks is protected by law.

This statement is correct. In India, trademarks are protected under the Trade Marks Act, 1999. The Controller General of Patents, Designs, and Trademarks is responsible for the registration and administration of trademarks in India. Once a trademark is registered with the Controller General, it is legally protected, and the owner of the trademark has exclusive rights to use the mark in relation to the goods or services for which it is registered.

Statement 2: Using a registered trademark without authorization of the entity that owns the trademark is a violation or infringement of the trademark.

This statement is correct. Unauthorized use of a registered trademark by any other entity is considered a violation or infringement of the trademark rights of the owner. The owner of a registered trademark has the exclusive right to use the mark and can take legal action against any unauthorized use or infringement.

Statement 3: Using a substantially similar mark for similar goods or services does not amount to infringement of the trademark.

This statement is incorrect. Using a substantially similar mark for similar goods or services can indeed amount to infringement of the trademark. Trademark infringement occurs when there is a likelihood of confusion among consumers regarding the source of goods or services. If the use of a substantially similar mark creates confusion among consumers and leads them to believe that the goods or services are associated with the owner of the registered trademark, it can be considered trademark infringement.

Therefore, the correct statements are 1 and 2. Statement 3 is incorrect.
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Community Answer
Consider the following statements. In India, the trademark registered ...
  • The Trademark Act,1999, governs the regime on trademark and its registration. The Act guarantees protection for a trademark that is registered with the Controller General of Patents, Designs, and Trademarks, also known as the trademark registry.
  • Using a registered trademark without authorisation of the entity that owns the trademark is a violation or infringement of the trademark.
  • Using a substantially similar mark for similar goods or services could also amount to infringement. In such cases, courts have to determine whether this can cause confusion for consumers between the two.
  • There are several ways in which a trademark can be infringed. However, the trademark owner has to show that the trademark has a distinct character.
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Consider the following statements. In India, the trademark registered with the Controller General of Patents, Designs, and Trademarks is protected by law. Using a registered trademark without authorisation of the entity that owns the trademark is a violation or infringement of the trademark. Using a substantially similar mark for similar goods or services does not amount to infringement of the trademark.Which of the above statements is/are correct?a)2 onlyb)1, 3c)1, 2d)1, 2, 3Correct answer is option 'C'. Can you explain this answer?
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