Skip to content

CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Anand Bakers applies to register 'GOLDEN CRUST' for bread. Prime Bakes owns an earlier registered mark 'GOLDEN CRUST' for bread and, in a signed document, consents to Anand Bakers' registration. Under the Trade Marks Act, 1999, what is the position?

Consent of the earlier proprietor means the relative grounds do not prevent registration. The Registrar may register the mark under special circumstances as provided in section 12, so identity of marks and goods is not an absolute bar here.

  1. ARegistration is absolutely barred because the marks are identical and goods identical
  2. BRegistration is allowed automatically with no Registrar involvement
  3. CRegistration is barred unless the Registrar finds the mark well known
  4. DThe consent does not bar registration; the Registrar may register the mark under special circumstancesCorrect

Explanation

Section 11(4) states that nothing in section 11 prevents registration where the proprietor of the earlier mark consents, and the Registrar may then register the mark under special circumstances under section 12. Option A ignores this; option B wrongly removes the Registrar's role.

Did you get it right without looking?

One question tells you little. A timed set on Trademarks shows your real accuracy, how long you take and where you lose marks.

Practise TrademarksFree diagnostic mock

More Trademarks questions