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

Under Chapter IVA of the Trade Marks Act, 1999, an Indian firm files an application under section 18 for registration of its mark and then uses it as the foundation for applying for international registration under the Madrid Protocol. How is that application described?

It is a basic application. Section 36B defines it as an application for registration of a trade mark filed under section 18 that is used as the basis for applying for international registration. A basic registration, by contrast, is the mark already registered under section 23.

  1. ABasic registration
  2. BBasic applicationCorrect
  3. CInternational application
  4. DCommon Regulations

Explanation

Section 36B(b) defines a basic application as an application for registration filed under section 18 that is used as a basis for an international registration. Basic registration is the registered mark under section 23 used as the basis, which is the key distractor. An international application is the one made under the Madrid Protocol itself.

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