MIP 104 Solved Assignment 2024-25

 

MIP 104 Solved Assignment 2024-25

Trademarks, Domain Names and Geographical Indications

MIP 104 Solved Assignment 2024-25 : All assignments are in PDF format which would be send on email/WhatsApp (9958676204) just after payment.

Assignment Code: ASST/ MIP 104 /2024-25

Marks: 100

Attempt all the questions:

Q1. Define trademarks and explain the essential elements of the definition. What are the various kinds of trademarks?

A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. It can be a word, phrase, symbol, design, or a combination of these elements. Trademarks serve as a form of intellectual property protection, distinguishing the goods or services of one entity from those of others in the marketplace.

MIP 104 Solved Assignment 2024-25

Distinctiveness: Trademarks must be capable of distinguishing the goods or services of one entity from those of others. They should not be generic or descriptive of the goods or services themselves.        

Use in commerce: Trademarks must be used in commerce to identify and distinguish the source of goods or services. They must be affixed to the goods, packaging, or displayed in connection with the services.

Non-functionality: Trademarks cannot be functional features of the goods or services they represent. They should not serve a utilitarian purpose beyond identifying the source of the product or service.

Registration: While registration is not mandatory for acquiring trademark rights, it provides additional benefits such as nationwide protection and the ability to enforce rights in federal court.

Protection: Trademarks are protected under intellectual property laws to prevent unauthorized use by others, ensuring that consumers are not confused or misled about the source of goods or services.

Word marks: Consist of words, letters, or numbers, such as brand names (e.g., Apple, Google).

Design marks: Consist of a particular design, logo, or symbol, such as the Nike swoosh or the McDonald's golden arches.

Slogan marks: Consist of catchy phrases or slogans used to identify products or services, such as Nike's "Just Do It."

Sound marks: Consist of non-conventional marks, such as musical jingles or sound effects, that are used to identify the source of goods or services (e.g., the Intel chime).

Color marks: Consist of specific colors or combinations of colors used to identify goods or services, such as Tiffany & Co.'s robin's egg blue.

Trade dress: Consists of the overall appearance or packaging of a product, which may include features such as shape, color, or graphics, that serve to identify and distinguish the source of the product (e.g., the Coca-Cola bottle shape).

Certification marks: Indicate that goods or services meet certain standards or qualifications set by the owner of the mark (e.g., the "UL" mark for Underwriters Laboratories).

Collective marks: Used by members of a collective group or organization to identify their goods or services as originating from members of that group (e.g., the "Fair Trade Certified" mark).

Each type of trademark serves to uniquely identify and distinguish the goods or services of one entity from those of others in the marketplace.

Q2. How can a trademark be removed from the Register? Explain.

Q3. Discuss the fundamental principle for the Registration of a Trademark.

Q4. What are the factors that are instrumental in determining the well-known status of trademarks?

Q5. Discuss the criteria for Protection of Geographical Indication Goods. Give some illustration of GI applications.

Q6. Explain the term “homonymous geographical indication” Also distinguish between geographical indication and trademarks.

Q7. Describe the Madrid system of registration of marks.

Q8. What is domain name? Discuss the relationship between domain name and trademarks.

Q9. What are the types of Disputes that could be brought within INDRP? Also discuss the remedies available under the INDRP proceedings.

Q10. Explain the concept of ‘Passing off’ with the help of Case Laws.

Q11. Discuss the power of the Appellate Board to cancel or vary registration and to rectify the register of geographical indication.

Q12. What is Trademark Infringement? What does not constitute a Trademark Infringement? What are the different types of remedies available for Trademark Infringement?

MIP 104 Solved Assignment 2024-25 : All assignments are in PDF format which would be send on email/WhatsApp (9958676204) just after payment.

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