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

Tara Beverages, registered proprietor of 'TARA COOL', jointly applies with Nikhil Distributors to be registered as a registered user. Which requirement does section 49 specify for the application?

The joint application to the Registrar must be accompanied by the written agreement on permitted use and an affidavit giving particulars of the relationship, including the proprietor's degree of control over the use, the goods or services, any conditions, and the period of use, as section 49 requires.

  1. AIt must be accompanied by the agreement between the parties and an affidavit giving particulars of the relationship, including the degree of control by the proprietor over the permitted useCorrect
  2. BNikhil alone applies, with no agreement needed
  3. COnly an affidavit by Nikhil is needed, without proprietor control particulars
  4. DThe application is filed with the Central Government, not the Registrar

Explanation

Section 49(1) requires a joint written application to the Registrar by the registered proprietor and proposed user, accompanied by the written agreement on permitted use and an affidavit giving particulars of the relationship, including the proprietor's degree of control, goods or services, conditions and duration. Hence the other options omit mandatory elements.

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