Trademark Law

Here are some of the most common interview questions on Trademark Law, if you are looking for a job in a law firm. You will find these questions helpful.

Q.1 What is a Trademark?
A trademark is defined as a word, phrase, symbol, or design or a combination of any of these that recognizes the origin of a product or service and distinguishes it from competitors.
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Q.2 What can be Trademarked?
Trademark registration can be acknowledged on distinctive names, logos and slogans. One might want to seek a trademark for a product name, company name, company logo, or tagline.
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Q.3 What are the benefits of registering a trademark?

1. Treble damages in some cases of infringement

2. The right to use ® in your trademark

3. A streamlined process for securing your domains and usernames at social sites like Facebook, Twitter, and YouTube

4. Significantly stronger protection than ‘common law’ marks.

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Q.4 What is the difference between Tm And ®?
When a trademark is registered with the USPTO, you have the right to use ® in your trademark. Numerous firms choose to use the TM or ® symbol with the first glance of the company or product name in a document, and then drop the symbol for each appearance after that.
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Q.5 How are Trademarks Registered?
To register your business name, you’ll need to file an application with the USPTO: you can file either directly with the USPTO or have an online legal filing service handle it for you.
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Q.6 What are well-known Trademarks?
Well-known trademarks in relation to any goods or services, are defined as a mark which has become known to a substantial segment of the public which utilizes such goods or receives such services.
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Q.7 What is the difference between the Trademarks Act 1999 and the Trade And Merchandising Marks Act 1958?

1. Registration of service marks, collective marks and certification trademarks.

2. Increasing the period of registration and renewal from 7 years to 10 years.

3. Allowing filing of a single application for registration in more than one class.

4. Enhanced punishment for offences related to trademarks.

5. Exhaustive definitions for terms frequently used.

6. Simplified procedure for registration of registered users and enlarged scope of the permitted use.

7. Constitution of an Appellate Board for speedy disposal of appeals and rectification applications which at present lie before High Court.

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Q.8 What Is the Meaning Of "service" In The Trademark Act 1999?
Service means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy.
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Q.9 Define Certification Trademark?
Certification trade mark means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality and accuracy.
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Q.10 Define Collective mark?
Collective Mark means a trademark distinguishing the goods or services of an association of persons.
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Q.11 What is the term of a registered Trademark?
The opening registration of a trademark shall be for a period of ten years but may be renewed from time to time for an unlimited period by payment of the renewal fees.
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Q.12 List the topics covered by the TRIPS agreement?

The TRIPS Agreement covers five broad areas:

1. how general provisions and basic principles of the multilateral trading system apply to international intellectual property

2. what the minimum standards of protection are for intellectual property rights that members should provide

3. which procedures members should provide for the enforcement of those rights in their own territories

4. how to settle disputes on intellectual property between members of the WTO

5. special transitional arrangements for the implementation of TRIPS provisions.

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Q.13 Define Intellectual property?
Intellectual property refers to the construction of the mind. These intellects can take many different forms, such as artistic expressions, signs, symbols and names used in commerce, designs and inventions.
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Q.14 What is the Paris Convention?
The Paris Convention applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition.
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Q.15 List the substantive provisions of the convention?
The substantive provisions of the Convention fall into three main categories: national treatment, right of priority, common rules.
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Q.16 What is Intellectual Property refers to in India?
Intellectual property in India refers to the patents, copyrights and other intangible assets in India.
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Q.17 What are the advantages of copyright law?

1. Prevention of monetary loss

2. Legal protection

3. Pre-emptive measure

4. The incentive to create

5. Protecting reputations

6. Prestige

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Q.18 What is the major objective of the Copyright Act?
The Copyright Act of India protects literary works, dramatic works, musical works, artistic works, cinematograph films and sound recordings, however not for an unlimited time.
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Q.19 What are the three types of Trademarks?

1. Descriptive Trademarks

2. Merely Descriptive Trademarks

3. Generic Trademarks

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Q.20 When and Who created Trademarks?
In 1857, France established the first comprehensive trademark system with the Manufacture and Goods Mark Act. This act setup a trademark deposit system that recognized both use-based and examination based trademark registration.
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Q.21 When was the Indian Trademark first issued?
India borrowed the British Trademark Act, 1938 and prepared the first Act on the subject as Trademark Act of 1940. Independent India molded the Trade & Merchandise Mark Act, 1958. The Act is now operative as Trademark Act, 1999 which came into force with effect from 30th day of December 1999.
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Q.22 What are the main functions of Trademarks?

1. It identifies the product and its origin.

2. It proposes to guarantee its quality.

3. It advertises the product.

4. It creates an image of the product in the minds of the public particularly the consumers or the prospective consumers of such goods.

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Q.23 What Is the Madrid Agreement?
The Madrid Agreement was adopted on April 14, 1891 to facilitate protection of a trademark or service mark in several countries by means of a single international registration. As on July15, 1999, 54 countries are party to this Agreement mainly belonging to Europe, countries of Africa and four countries in the Far East namely, China, the Democratic People's Republic of Korea, Mongolia and Vietnam.
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Q.24 What Is the Madrid Protocol?
The Protocol relating to the Madrid Agreement concerning the International Registration of Marks was adopted at Madrid on June27, 1989. The Protocol, which entered into force on December1, 1995, retains the basic features of the Madrid Agreement. As on July15, 1999, 39 countries have acceded to the Protocol. The Protocol was formed to remove some of the features of the Madrid Agreement.
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Q.25 State the Indian Trade Marks Act, 1999?
An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.
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Q.26 What is the Indian Geographical Indications of Goods (Registration and Protection) Act, 1999?
According to the Indian Geographical Indications of Goods (Registration and Protection) Act, 1999 Geographical Indication, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region
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Q.27 Geographical indications can be used for which type of products?
Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.
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Q.28 What is the difference between Geographical indications and Trademarks?
A trademark can be assigned or licensed to anyone, anywhere in the world, because it is linked to a particular company and not to a particular place. In contrast, a GI may be used by any persons in the area of origin, who produces the good according to specified standards.
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Q.29 Explain the Indian Designs Act, 2000?
The Designs Act, 2000, is a complete code in itself and protection under it is wholly statutory in nature. It protects the visual design of objects that are not purely utilitarian.
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Q.30 Who grants industrial designs registrations or design patents?
Industrial design registrations or design patents are granted by the IP office of the country (or region) where an application is filed.
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Q.31 What is an Industrial design?
An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or color.
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Q.32 What kind of protection does an industrial design offers?
The owner of a registered industrial design or of a design patent has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.
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Q.33 What are the different types of Patent?
The three types of patents are utility patents, design patents, and plant patents.
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Q.34 Explain the Utility Patent?
Utility patents, or patents for invention, issue legal protection to people who invent a new and useful process, an article of manufacture, a machine, or a composition of matter. These are the most common type of patent.
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Q.35 What are Design Patent?
Design patents are patents issued for original, new, and ornamental designs for manufactured products. Moreover, design patents protect the design or look of something.
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Q.36 What are Plant Patent?
Plant patents go to anyone who produces, discovers, and invents a new kind of plant capable of reproduction. They provide an incentive for companies or individuals to continue developing innovative products or services without the fear of infringement.
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Q.37 Mention some advantages of Patents?

1. A patent gives you the right to stop others from copying, manufacturing, selling or importing your invention without your permission.

2. You get protection for a pre-determined period, allowing you to keep competitors at bay.

3. You can then use your invention yourself.

4. Otherwise, you can license your patent for others to use it or you can sell it. This can provide an important source of revenue for your business.

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Q.38 What is the Indian Patent Act, 1970?
The Act defines ‘capable of industrial application’ in connection to an invention as capable of being made or used in an industry. It had a very limited scope of protection wherein the essential elements of invention were new, useful and manner of manufacture.
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Q.39 What is the Patent Co-operation Treaty (PCT)?
The Patent Cooperation Treaty (PCT) assists applicants in seeking patent protection internationally for their inventions, helps patent offices with their patent granting decisions, and facilitates public access to a wealth of technical information relating to those inventions.
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Q.40 What do you know about the Neem Patent?
The first US patent was obtained by Terumo Corporation in 1983 for its therapeutic preparation from neem bark. In 1985 Robert Larson from (USDA) obtained a patent for his preparation of neem seed extract and the Environmental Protection Agency approved this product for use in US market.
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Q.41 What is the Indian Plant Varieties and Farmers’ Right Act, 2001?
The Protection of Plant Variety and Farmers Right Act, 2001 is an Act that was enacted to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development and cultivation of new plants.
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Q.42 What is a Patent?
A patent is a special right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem.
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Q.43 Who grants patent?
A patent is granted by a national patent office or by a regional office that carries out the task for a number of countries.
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Q.44 What is a Trade secret?
Trade secrets are intellectual property (IP) rights on confidential information which may be sold or licensed.
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Q.45 What kind of information is protected by trade secrets?
Trade secrets surrounds both technical information, such as information concerning manufacturing processes, pharmaceutical test data, designs and drawings of computer programs, and commercial information, such as distribution methods, list of suppliers and clients, and advertising strategies.
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Q.46 What is the Indian Semi-conductor Integrated Circuits Layout Design Act, 2000?
The Semiconductor Integrated Circuit Layout-Design Act, 2000, protects original, inherently distinctive layout-designs that have not been commercially exploited earlier. Registration is a necessary pre-requisite for protection.
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Q.47 What are Integrated Circuit Layouts?
Integrated circuit layout, also known IC layout, IC mask layout, or mask design, is the representation of an integrated circuit in terms of planar geometric shapes which correspond to the patterns of metal, oxide, or semiconductor layers.
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Q.48 What is a Utility Model?
Utility models protect new technical inventions by granting a limited exclusive right to prevent others from commercially exploiting the protected inventions without consents of the right holders.
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Q.49 What countries have Utility Models?
Utility models are only available in some countries. Austria, China, France, Germany, Japan, Russia, Spain and Taiwan.
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Q.50 What are the three elements of patentability?

1. Novel

2. Inventive step

3. Industrial applicability.

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Q.51 Which framework is used by India for providing IPR protection?
TRIPS, The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO).
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Q.52 A patent can be revoked by?
A patent can be revoked by Controller of Patents.
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Q.53 As per the Indian Patent Act, a resident in India can?
File a patent in a foreign country without first filing the said patent in India, only under certain special circumstances
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Q.54 Which section of Copyright Act defines copyright?
Section 14 of copyright Act defines copyright
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Q.55 Which TRIPS article defines a geographical indication?
Article 22 defines a geographical indication.
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