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

Ravi Textiles, Surat, owns a registered trade mark. It learns that a Mumbai importer is bringing in goods bearing a deceptive copy of the mark. Under the Trade Marks Act, 1999, who may give written notice to the Collector of Customs asking that import of such goods be prohibited, where the import amounts to infringement under the relevant clause of section 29(6)?

The proprietor or a licensee of the registered trade mark may give written notice to the Collector of Customs to prohibit the import, where the import is an infringement under clause (c) of section 29(6). Consumers and police officers are not given this right.

  1. AAny consumer who has bought similar goods
  2. BThe proprietor or a licensee of the registered trade markCorrect
  3. COnly the Registrar of Trade Marks
  4. DOnly a police officer of the rank of deputy superintendent

Explanation

Section 140(1) lets the proprietor or a licensee of a registered trade mark give written notice to the Collector of Customs to prohibit importation where the import infringes under section 29(6)(c). Consumers, the Registrar and police officers are not given this power by that provision.

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