EXERCISE 1

1). In my humble opinion Mr. X would not be able to secure trademark for his business in the name of
following contention-

a). It directly derogates section 9 (2) subclause (b) of Trademarks Act 1999 it contains or comprises of
matters likely to hurt religious sentiments of public because ‘Lamxi’ for Hindus is motherly figure and a
holy deity thus using such a sacred name for business of tobacco that is means of intoxication which is
condemned in Hindu culture will hurt their religious sentiments.

b) It also contravenes with section 1 subclause (a) of the act because laxmi does not contains any
distinctiveness and also the name is common in use within the public at large.

2.) No, Vijay will not be success full in securing a trademark for the shape of the ice-cream that is a
rectangular shape on a stick because it contradicts section 3 of the Trade Marks act 1999 which says that
the shape of goods results from the nature of the good itself.

3.) A suggestive mark is a mark that in some way relates and give others an idea regarding the business
even though not directly but a normal prudent person can co-relate the mark with the type goods it is
associated even with a single sight to it, such a mark can be called a suggestive mark.

Here Citibank can be easily inferred to a kind of bank.

24/7 from such a mark we can infer that they provide emergency or all-time services.

Netflix a normal person can infer that it is somehow related to internet.

But Amway these words is such from which we cannot normally infer from the mark itself that in which
type of goods or business they deal with.

4.)

Here are the elements that can be trademarked from the given object-

1.The shape of the bottle is unique and distinctive in nature thus can be protected under the trademark
law.

2.The creative logo of Fanta with lemon leaf and particular kind of font size and style along with its
label can be protected under the trademark law.
5.)

In my humble opinion Mr. Peter McCann the name ‘Boulangerie’ for your business of bakery would not
be protected under the trademark act because the term used for the business is too a part of common
language there is no creative or unique identity of the same, even though if we try to make a creative
logo out of it still the registry will reject the application in India even though there are not much people
who would know that bakery is called ‘Boulangerie’ in French but it being a part of general public
language the protection will not be granted, and the same applies to protection inn France too. Thus, I
would advise you to kindly look for a suitable name.

Classification Search: -

1. Sugar free chocolates-

Class 30-Coffee, tea, cocoa and substitutes therefor; rice, pasta and noodles; tapioca and
sago; flour and preparations made from cereals; bread, pastries and confectionery;
chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-
powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments;
ice (frozen water).
2. Gin with 44% alcohol content-
Class 33- Alcoholic beverages, except beers; alcoholic preparations for making
beverages. (Since Gin with 44% alcohol is a alcoholic beverage)
3. Social media mobile apps-
Class 45- Legal services; security services for the physical protection of tangible
property and individuals; personal and social services rendered by others to meet the
needs of individuals.
4. Legal services-
Class 45- Legal services; security services for the physical protection of tangible
property and individuals; personal and social services rendered by others to meet the
needs of individuals.
5. Pharmaceutical syrups and medical equipment-
Pharmaceutical syrups will fall under the Class 5 classification- Pharmaceuticals,
medical and veterinary preparations; sanitary preparations for medical purposes; dietetic
food and substances adapted for medical or veterinary use, food for babies; dietary
supplements for human beings and animals; plasters, materials for dressings; material for
stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides,
herbicides.
Medical equipment will fall under the Class 10 classification- Surgical, medical,
dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth;
orthopaedic articles; suture materials; therapeutic and assistive devices adapted for
persons with disabilities; massage apparatus; apparatus, devices and articles for nursing
infants; sexual activity apparatus, devices and articles.
6. Roof-top dining services-
Class 43-Services for providing food and drink; temporary accommodation.
7. Makeup brushes-
Class 21-Household or kitchen utensils and containers; cookware and tableware, except
forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-
making materials; articles for cleaning purposes; unworked or semi-worked glass, except
building glass; glassware, porcelain and earthenware.
8. Children’s comic books-
Class 16-Paper and cardboard; printed matter; bookbinding material; photographs;
stationery and office requisites, except furniture; adhesives for stationery or household
purposes; drawing materials and materials for artists; paintbrushes; instructional and
teaching materials; plastic sheets, films and bags for wrapping and packaging; printers'
type, printing blocks.
9. Leather belts-
Class 25-Clothing, footwear, headwear.
Class 18- (If the leather belt is for luggage)-Leather and imitations of leather; animal
skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks;
whips, harness and saddlery; collars, leashes and clothing for animals.
10. Cloths used in kitchen-
Class 21-Household or kitchen utensils and containers; cookware and tableware, except
forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-
making materials; articles for cleaning purposes; unworked or semi-worked glass,
except building glass; glassware, porcelain and earthenware.