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

Kaveri Foods holds registered marks 'KAVERI GOLD' and 'KAVERI' (a part of the first) as separate registrations after claiming exclusive use of the part separately, both for packaged rice. How must the Registrar treat these two registrations?

They are treated as associated trade marks. When a mark and a part of it are registered as separate marks in the same proprietor's name under the part-registration provision, the Act deems them associated and requires them to be registered as associated marks, without discretion.

  1. AAs associated trade marks, deemed to be and registered as suchCorrect
  2. BAs a series in one registration
  3. CAs independent marks with no association because they are separate registrations
  4. DAs associated marks only if the Registrar chooses to require it

Explanation

Under section 16(3), where a mark and a part of it are registered separately under section 15(1) in the same proprietor's name, they are deemed to be, and shall be registered as, associated trade marks. It is automatic, not discretionary, so option D is wrong.

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