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

Mehta Beverages applies to register three labels for its soft drink that resemble each other in material particulars but differ only in colour. Which statement is correct?

They may be registered as a series in one registration. The Act permits a proprietor of several resembling marks that differ only in respects such as colour, or other non-distinctive matter, to seek registration of them together as a series.

  1. AEach must be registered separately with no link
  2. BThey may be registered as a series in one registrationCorrect
  3. CThey cannot be registered because they differ in colour
  4. DThey may be registered as a series only if they differ in the proprietor's name

Explanation

Section 15(3) allows several resembling marks differing in matters such as goods statement, number, price, quality, place names, non-distinctive matter or colour to be registered as a series in one registration. Option C is wrong because colour difference is a listed ground for a series.

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