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

Kerala Spice Growers Association owns a collective mark used by its members. For this mark, how is the reference to distinguishing the goods of one person from those of others in section 2(1)(zb) construed?

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 those of others. It does not distinguish individual members from each other, under section 61(2).

  1. AAs distinguishing the goods of the Association's members from those of othersCorrect
  2. BAs distinguishing the goods of the Registrar from those of others
  3. CAs distinguishing the goods of any single member from other members
  4. DAs certifying the goods as meeting a prescribed standard of quality

Explanation

Section 61(2) says that for a collective mark the reference is construed as distinguishing goods or services of members of the association that owns the mark from those of others. Distinguishing one member from another is wrong, since the mark identifies the group collectively.

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