Skip to content

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

Kaveri Textiles used the mark 'KAVERI SILK' continuously and extensively for ten years before applying for registration. The Registrar initially objects that the mark describes geographical origin and the type of goods. What does the Trade Marks Act, 1999 provide?

The mark shall not be refused if, before the application date, it acquired distinctive character through use. Ten years of continuous, extensive use can overcome the objection on descriptiveness or geographical origin; well-known status is only an alternative route, not a requirement.

  1. AThe mark can never be registered because it describes geographical origin
  2. BThe mark shall not be refused if, before the application date, it acquired a distinctive character as a result of use made of itCorrect
  3. CThe mark can be registered only if the river Kaveri's authorities consent
  4. DThe mark is registrable only after being declared well known by a court

Explanation

The proviso to section 9(1) says a mark shall not be refused registration if before the date of application it has acquired distinctive character through use, or is a well-known trade mark. Ten years of extensive use supports this. Option D wrongly makes well-known status mandatory; it is an alternative.

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