CS Professional · Intellectual Property Rights - Law and Practice · Trademarks
Arjun, a citizen of a non-Contracting State, has no domicile in any Contracting State, but runs a small bona fide manufacturing unit in India, not his principal place of business. Is he eligible as a person making an application in relation to India under the Act's definition?
Yes, he qualifies. Section 36B(a) counts a real and effective industrial or commercial establishment, and its Explanation says any establishment with bona fide industrial or commercial activity suffices, even if it is not the principal place of business.
- ANo, because the establishment must be the principal place of business
- BNo, because only citizens or domiciled persons qualify
- CYes, but only if the establishment employs a minimum number of workers
- DYes, because a real and effective establishment includes any establishment where bona fide industrial or commercial activity takes place, even if not the principal place of businessCorrect
Explanation
Section 36B(a) covers a person who is a citizen of, domiciled in, or has a real and effective industrial or commercial establishment in the Contracting State. The Explanation says such an establishment need not be the principal place of business and includes any where bona fide activity takes place. No minimum workforce is prescribed.
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.
More Trademarks questions
- An adjudicating officer imposed a penalty on Orion Brands Ltd, and its appeal was dismissed by the appellate authority on 10 January. The co…
- A foreign firm's international registration designates India. The firm listed its goods in Class 3, but the Registrar considers the mark's s…
- Meera Textiles Pvt Ltd, an Indian company, has a trade mark registered in India under section 23 of the Trade Marks Act, 1999. It wants prot…
- Meera runs 'Kaveri Spices', an unregistered brand used for years in Mysuru. A rival in Pune starts selling spices under a deceptively simila…
- Ramesh sold his registered trade mark 'RAMESH SWEETS' to Anand by a written assignment on 1 March. Anand did not apply to register his title…
- Kaveri Textiles used the mark 'KAVERI SILK' continuously and extensively for ten years before applying for registration. The Registrar initi…