RICHIK DADHICH

1742

CA 1

INTELLECTUAL PROPERTY

SEMESTER VI
ANSWER 1

a. The trademark ‘made in Italy’ is likely to be rejected. This is because it is purely

descriptive in nature and merely states the country of origin. It also lacks a distinctive
character. This would thus fall under absolute grounds of refusal.
b. ‘Vegetables’ for grocery services is also likely to be rejected on the basis of a similar
rationale. Firstly, the mere use of the word vegetables means that it is not distinctive
in character. Further, it is descriptive in nature because most grocery services include
the delivery of vegetables. Hence, this will be rejected.
c. The word ‘gati’ in Hindi means ‘speed’. This might be a description of the quality of
services the courier will provide, implying that the delivery would take place in a
timely and quick manner. Thus, there is a possibility that it might be rejected in India.
However, in foreign countries where people are not aware of the language, it might be
accepted.
d. This is also likely to be rejected. The colour white lacks any inherent distinctiveness.
It is not the case that the combination of colours is so closely associated with a
product that the product can be recognized by the particular combination of colours
only. There are various dairy manufacturers in India and the colour white could also
refer to paper, khadi cloth, adhesive glue, ceiling paint etc.
e. Lyon is a city in France and is a popular tourist destination. It might be implied that
the cheese is of French origin. While there is no blanket ban on the registration of a
geographical name as a trademark, the distinctiveness must be proved. On this basis,
there is a possibility that it might get a trademark registration.
f. On the similar lines with ‘gati’, the term ‘on time’ is also suggestive of the services
provided by the airlines. It is likely to be rejected as it is descriptive and lacks a
distinct character.
g. Illuminating describes the nature and primary function of light bulbs. This is likely to
be refused.
h. Trademark is defined as a mark capable of being represented graphically and which is
capable of distinguishing the goods or services of one person from those of others.
Now, the ribbon might successfully get a registration if it is designed in such a
manner that it does not create a confusion for the customer. The perception of the
customer and the secondary meaning would play an important role.
i. ABC are the first three letters of English alphabet and are always the part of the
course curriculum for kids. Thus, the word mark registration of this is unlikely
because it is merely descriptive.
j. This is likely to get a registration. ‘bloody slaughter’ is a fanciful was of referring to
one of the functions which might be performed by using these weapons.
k. Mycrasoft will not get a registration. This is because it fails the relative grounds of
refusal and people would likely confuse it with Microsoft which is a well known
company which manufactures computer software.
l. This will be rejected too as it is likely to violate the religious sensitivity of some
people. The cross is worn by various catholics and also forms a part of their
customary practice.
m. This can be registered as trademark. The name has no inherent meaning but is
satisfies all the criteria for registration. It can also be an abbreviation of the company.
n. This is descriptive in nature as the term milky is often used to refer to white wheat
bread. In the absence of any acquired distinctiveness, this will be rejected.
o. Barak Obama is a well know former American president. In order to avoid confusion
for customers, the registration would also be rejected unless the makers have taken the
consent of Obama or Barak Obama himself is the owner of the company.