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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

Anand Dairy Farmers' Association, an association of persons, owns a collective mark. Under section 61, how is the 'distinguishing' element of the definition of trade mark construed for this mark?

For a collective mark, the distinguishing function is read as distinguishing the goods or services of the members of the association of persons that owns the mark from the goods or services of others. Section 61(2) modifies the usual one-person reference in the definition.

  1. AIt distinguishes the goods of the association as a single legal person only, from those of members
  2. BIt distinguishes the goods or services of members of the association which owns the mark from those of othersCorrect
  3. CIt need not distinguish goods at all
  4. DIt distinguishes goods of any association from those of individual proprietors only

Explanation

Section 61(2) says the reference in clause (zb) of section 2(1) to distinguishing the goods or services of one person from others is read as distinguishing the goods or services of members of the association that is proprietor from those of others.

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