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CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Meera Textiles, a Surat firm, has been using a distinctive logo for its sarees for eight years but has never applied for registration. A rival begins selling sarees under a deceptively similar logo. Which statement best describes Meera Textiles' position under Indian trademark law?

Meera Textiles can sue for passing off because it has built goodwill through eight years of use. Infringement is a statutory remedy that requires registration, so that action is unavailable. Unregistered marks still get common law protection, and civil courts can hear such disputes.

  1. AIt has no remedy because only registered marks are protected
  2. BIt can sue for passing off based on its goodwill and reputation, though an infringement action is unavailableCorrect
  3. CIt can sue for infringement of a registered trademark because eight years of use gives automatic registration
  4. DIt can only approach the Registrar, as civil courts cannot hear unregistered mark disputes

Explanation

Indian law recognises common law rights in an unregistered mark. The owner may bring a passing off action by proving goodwill, misrepresentation and damage. A statutory infringement action needs a registered mark, so the options claiming no remedy or automatic registration are wrong.

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