Skip to content

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

Anita owns two registered associated trade marks, 'ANITA PURE' and 'ANITA PURE PLUS', for spices. She applies to dissolve the association for 'ANITA PURE PLUS'. On what condition may the Registrar dissolve the association?

The Registrar may dissolve the association on the proprietor's application only if satisfied that there would be no likelihood of deception or confusion were that trade mark used by any other person for the goods or services for which it is registered. He may then amend the register.

  1. AIf Anita pays the prescribed fee, whatever the likelihood of confusion
  2. BIf he is satisfied there would be no likelihood of deception or confusion if that mark were used by any other person for the registered goodsCorrect
  3. CIf the marks have been registered for at least five years
  4. DIf both marks were registered as a series under section 15(3)

Explanation

Section 16(5) lets the Registrar dissolve the association on the registered proprietor's application if satisfied that use of that mark by another person would not cause deception or confusion, and amend the register. Option D is wrong because series marks are deemed associated and the test remains the same.

Did you get it right without looking?

One question tells you little. A timed set on Law relating to Trade Marks shows your real accuracy, how long you take and where you lose marks.

Practise Law relating to Trade MarksFree diagnostic mock

More Law relating to Trade Marks questions